How to issue a deed of gift for an apartment or house for your daughter

Why donate an apartment?

Previously, a simple form of agreement was suitable for registering a real estate gift transaction.
By simple form we mean a regular contract printed on A4 sheet. But now, in most cases, they began to require an agreement only in a notarized form - clause 1 of Art. 42 of Federal Law N 218-FZ. That is, you first need to notarize (certify) the share donation agreement with a notary, and only then submit it to the MFC or the Registration Chamber. Therefore, carefully read the article - In what cases, in order to donate a share in an apartment, is it necessary to have the agreement certified by a notary?

If in your case a notarized contract is required, then carefully read how to have it certified by a notary and how much it will cost.

In principle, you can formalize the entire transaction of donating a share with a notary or simply certify the agreement at your own request, even if this is not necessary in your case. This is usually done when there is a fear that interested parties will want to challenge the transaction. For example, the heirs of the donor. The notary will act as a guarantor that the transaction was carried out according to the law.

If in your situation the contract is suitable in a simple form, you should not draw it up yourself using downloaded templates on the Internet. Almost all the templates there are outdated or generic. Understand that almost every gift transaction is individual, and standard templates do not have the items that need to be specified in each specific case.

How to give an apartment to your daughter or son is a very common problem. A natural question arises about how this can be done in the most convenient way.

• transfer of an apartment by inheritance;
• agreement to donate an apartment to my daughter.

First, the second of the listed options. In this case, the transfer of the apartment will have to comply with the rules by which the inheritance should be transferred. But this will not happen soon, only after the death of the parents, and the result may differ from the desired one. In the first option, transfer by deed of gift, everything is formalized immediately at the moment.

Of course, with a trusting relationship in the family, this moment is unlikely to affect anything. However, when thinking about how to draw up a deed of gift for an apartment in the name of a son from his mother and father, this possible feature of the situation must be remembered.

Before considering the process of donating real estate, you need to determine who can be the donor and the donee.

According to the legislation of the Russian Federation, real estate cannot be given as a gift to:

• Children under 14 years of age and their legal representatives;
• Incapacitated citizens and their legal representatives;
• Organizations that own real estate under the rights of economic management or operational management, if they do not have the owner’s consent to renounce the property under a gift agreement;
• Commercial organizations, if the donee is another commercial organization.

The law does not impose any further restrictions on donors.

The list of citizens and legal entities who are prohibited from acting as donees is much more extensive. The following cannot be received by gift of real estate:

• Employees of hospitals, social protection funds, educational and similar institutions, if the donor or his relative is a visitor/client of their organization. For example, if a citizen is undergoing treatment in a hospital, then an employee of this hospital will not be able to receive real estate from him under a gift agreement;
• Civil servants or municipal employees. The fact of transferring real estate to such citizens under a gift agreement may be qualified by the relevant authorities as a bribe;
• Foreign citizens and legal entities, as well as stateless persons, if the object of donation is agricultural land. This rule also applies to legal entities registered in Russia, but in which the share of foreign citizens in the authorized capital is more than 50 percent.

In all other cases that are not prohibited, individuals and legal entities are allowed to give real estate, as well as receive it as a gift.

Without paying personal income tax of 13%, housing can be transferred to family members and close relatives of the donor. The Family Code of the Russian Federation clearly regulates this category:

• Spouses;
• Parents and children;
• Adoptive parents;
• Grandparents, grandchildren;
• Brothers and sisters who have the same father or mother.

In all other cases, the donee will have to pay a tax calculated based on the price of the object on the market. In this situation, the contract specifies the price of the object. Here it should be taken into account that a clearly underestimated “symbolic” figure can raise questions from supervisory structures and suspicions of a non-selfish deal.

If the parties have agreed to make a gift in the form of real estate, they should proceed to collecting the necessary documents for registration. The list of documents that should be prepared can be found on the Rosreestr website. You can also find out the size of the state duty there.

Most often, apartments are given to relatives. This is the most profitable way to transfer property to a loved one. The procedure itself is not too bureaucratic. It is enough for the parties to enter into a written agreement that does not require notarization. You can write the contract by hand, but it is better to fill out a ready-made sample.

If we are talking about donating an apartment to a relative, then the advantages are obvious from a financial point of view. When completing a transaction, the financial costs are minimal compared to buying and selling, which involves paying a considerable tax.

Compared to a will, the advantages of transferring real estate under a gift deed are obvious. If there is a will, the right to inheritance is formalized only six months after the opening of the inheritance. In addition, the fact of the gift will make it possible to protect the donated property from outside attacks in the future. For example, during a divorce, the husband will not be able to appropriate the apartment received as a gift from his wife’s parents: it will not be considered jointly acquired property.

We suggest you familiarize yourself with: Documents for entering into an inheritance after the death of a mother

The transaction to donate an apartment also has its disadvantages, the main one of which is the limited circle of recipients. If the person to whom the property is planned to be transferred is not a close relative of the donor, supervisory authorities may have reasonable doubts about the disinterestedness of the transaction, especially if the donee is a legal entity.

The presence of counter-obligations in a gift agreement is also unacceptable. For example, a condition in return to provide the donor with accommodation, lifelong maintenance or care. In this case, the transaction loses its gratuitous nature, is called a sham transaction and can be declared void. But if a gift agreement is concluded between family members living in the same apartment, then the donor may remain living in the donated apartment not due to the terms of the gift agreement, but in accordance with Art. 292 of the Civil Code, as a member of the family of the new owner - the donee.

You can not enter into a gift agreement immediately, but promise to donate real estate. Such a promise, containing all the conditions for the transfer of the gift in the future, should also be formalized and registered. If the donor dies before the expiration of the terms specified in the document, his heirs are still obliged to transfer the object of the gift to the donee. But, if the donee dies first, his heirs will not receive anything (unless otherwise provided by the gift agreement).

Instructions for donating living space for your daughter

The procedure should begin with a verbal notification to all interested parties and the recipient. That is, the parent must tell the other parent, the child, other owners and persons registered in the apartment about his decision.

Then you need to obtain written consent to the transaction from all third parties. Also a certificate from the guardianship authorities if the rights of other minor children are affected.

What documents are needed?

After which you can begin collecting documents. All certificates can be obtained on the day of application, they are free. It doesn’t matter which way the contract will be drawn up: with a notary or independently. You will definitely need:

• Participants' passports.
• Document confirming ownership.
• Technical and cadastral passport.
• Document confirming relationship.
• Receipt for payment of state duty.
• Agreement.

Depending on the situation, you may need:

• Consent of the second spouse.
• Consent from other owners.
• Certificate from the guardianship authorities.
• Documents confirming the absence of debts on utility bills.

More information about the required documents can be found here.

Sample contract

Once all the documents have been collected, you can begin filling out the contract. If you contact a notary, he will fill out all the forms himself, can help in collecting documents, and submit the forms to Rosreestr.

If you write a contract yourself, it should contain all the necessary information. The form can be downloaded online and filled out by hand. Corrections and typos are not permitted. The form should be filled out carefully and accurately. It should reflect information about:

• All parties to the transaction.
• About guardians or a second parent who acts on behalf of a minor.
• About the object of the transaction. Footage, layout, apartment address, cadastral value.
• Mandatory details: signatures, date of conclusion.

The presence of both parties is required. If the child is under 14 years old, a guardian or other parent must be present.

All conditions must be clearly stated in the contract. The law allows the inclusion of intangible conditions in the form. For example, the mother’s lifelong residence in this apartment. All conditions must be specifically described.

also necessary to indicate that the transaction is carried out voluntarily , without coercion, and the participants are of sound mind.

More information about drawing up a gift agreement can be found here.

Rosreestr: do you need to pay tax?

After concluding the agreement, it is necessary to take all documents to the registration chamber or Rosreestr at the place of residence of one of the parties or at the location of the apartment.

The specialist will check the forms and send them for registration. After which, the donee will be able to pick up a certificate in which he will be indicated as the new owner. This will complete the procedure. No taxes are provided, since the daughter is a close relative of the parent (Article 217 of the Tax Code).

We talked in more detail about the tax when donating an apartment to a relative in this article, and read about the cost of registering a gift deed and other features of the procedure here.

Pros and cons of donating an apartment

If the gift agreement was certified by a notary (in notarial form), then the notary is obliged to submit the agreement to register the transaction HIMSELF, FREE OF CHARGE, AND ON THE SAME DAY. This is already included in the service for certifying a transaction on the basis of Art. 1 of the Federal Law of August 3, 2018 N 338-FZ and Art. 22.1 Basics about notaries.

Typically, notaries submit documents electronically. Then the transaction must be registered within one business day. If the notary does not have the opportunity to submit electronically, then he or his assistant will submit the documents in person to the Rosreestr office within 2 working days. The registration period will last up to 3 working days after submission.

Participants in the transaction must pay the notary only the state fee for registering the transaction - 2000 rubles (clause 22, clause 1, article 333.33 of the Tax Code of the Russian Federation). If a notary submits documents electronically, then Rosreestr has set a discount of 30% - instead of 2000 rubles you need to pay 1400. The state fee is paid by the donee, but in practice the notary doesn’t care who gives the money.

After the transaction is registered in Rosreestr, the donee will become the new owner of the share. The documents can be collected from the notary. Some notaries notify you about this by phone, while others will have to call you yourself.

After receiving the share as a gift, the recipient can register in the apartment - instructions. Or sell his share - registration procedure.

If the gift agreement is in a simple form (not certified by a notary), then the parties to the transaction themselves submit it for registration. Since 2017, in many cities, documents can only be submitted to any branch of the MFC (Multifunctional Center), then from there the documents are transferred to the Registration Chamber. Those. The Registration Chambers no longer accept citizens directly, but only through an intermediary in the form of the MFC. If in your city (town) you can submit documents directly, then it is better to do so.

The process of submitting documents to the MFC or the Registration Chamber is no different, so in the instructions I indicated about the MFC.

1. The donor(s) and recipient(s) need to contact the MFC, pay the state fee and submit signed agreements with other documents.
   If the recipient is under 14 years of age, then his presence is not required; one of the parents (guardian, trustee) must be present. If the recipient is between 14 and 18 years old, then one of the parents (guardian, trustee) must be present with him.

   The state fee for registration is 2000 rubles (clause 22, clause 1, article 333.33 of the Tax Code of the Russian Federation). Payment details can be obtained from an employee. The payment desk is usually located in the MFC building itself, the commission is about 50 rubles. Now the position of Rosreestr is that the state duty is paid by the donee. In practice, it doesn’t matter who pays the state duty, it’s all by agreement. The recipient will simply be indicated on the payment receipts.

   After paying the state duty, in order of priority, the employee needs to give the original documents that I listed above, the share donation agreement and the check for payment of the state duty.

2. An MFC employee will check the list of documents and draw up applications for registration of rights, which the donor and recipient must sign. If the donee is under 14 years old, then the application is signed for him by one of the parents (guardians), if between 14 and 18 years old - both the donee and one of the parents.
3. After signing the applications, the MFC employee will pick up the documents (except passports), give each party a receipt for these documents and set a date when they can be picked up.
   The received documents are sent to the registrar. All that remains is to wait for the registration of the donation transaction. According to Art. 16 of the Federal Law of July 13, 2015 N 218-FZ maximum period: 9 working days if documents are submitted to the MFC; 7 working days if documents are submitted directly to the Rosreestr office. Sometimes deadlines are missed due to the workload of Rosreestr. You can call the MFC, give the number on the receipt and check whether registration has been completed.
4. On the appointed day, the donor and donee must each pick up their own copy of the agreement with a mark of state registration. It is not necessary for everyone to come to the MFC at the same time; you can come separately at different times and days. The recipient will also be given an extract from the Unified State Register of Real Estate (USRN) about the property (for an apartment). It will indicate that he is now the owner of the share. Property registration certificates have been canceled and will not be issued as of July 2021. Bring with you your passports and receipts issued by the MFC employee.

If the donor and the donee are NOT close relatives, then the donee must pay a tax in the amount of 13% of the cadastral value of the donated share (clause 18.1 of Article 217 of the Tax Code of the Russian Federation). Donors do NOT pay any tax after donation, because... they do not receive any benefit from the transaction. For a minor recipient, parents (guardians) must pay the tax.

Apartment owners can only expel a person through the court who does not live there and does not pay utilities.

We invite you to read: Article 137 of the Criminal Code of the Russian Federation. Violation of privacy. Current in 2021. Latest edition

If the decision to donate an apartment has already been made, it is necessary to complete the registration. How to register donating an apartment to your daughter? How to give an apartment to your son? This can be done in various ways. Both oral and written forms are acceptable. There are situations when only a written form of agreement is acceptable.

• to situations where real estate is given as a gift;
• Instead of formalizing a deed of gift, we are talking about a promise of donation.

The second option needs some explanation. The fact is that a gift agreement can provide for both the donation itself and fix the obligation to donate something later. This is exactly what we are talking about here.

Notarization of such an agreement is not mandatory, but it can be done if the parties wish.

In principle, you can draw up an agreement yourself, but there are a number of important requirements for it, so inviting an experienced lawyer to draw up such an important document would be a reasonable step. He will tell you in detail how to properly draw up a deed of gift for an apartment. It should be understood that although this procedure does not require notarization, it will subsequently need to be registered with government agencies.

In all these cases, the correct drafting of the contract and the indication of all the necessary data in it plays a very important role. When donating an apartment to your child, there will be no need to pay taxes.

In some situations, it happens that the gift agreement may be terminated. If this happens, the donated object must be returned. In rare cases, we may be talking about compensating the donor for the costs of making a donation. An example of this is the cost of processing documents.

Who can initiate the termination of a gift agreement?

• the donor himself;
• the one who received the gift;
• relevant government bodies.

1. In the event that the recipient of the gift harms the health of the donor or makes an attempt on his life. Moreover, in this context we are talking not only about the donor, but also about his close relatives.
2. Another possible reason is when the recipient mistreats the donated apartment.
3. In a situation where, as a result of a donation, the donor’s position will significantly worsen. This may apply to both his financial and marital status.

If this happens, there will be no automatic termination. To do this, you need to file a corresponding lawsuit in court. After a comprehensive consideration of the issue, the court will make a decision in one favor or another. The donor must sue. But there is one exception. If an attempt was made on his life, then the heirs can appeal.

The transaction actually occurs with the consent of both the donors and the recipient. At the same time, he has the right to refuse to accept the property as a gift for some reason.

In this case, he may be contacted with a claim for compensation for the costs incurred for this procedure.

Another method of cancellation may be at the initiative of government bodies. In this case, this occurs on the general basis for recognizing the transaction as invalid.

How to give your daughter real estate?

The donation of an apartment or house is accompanied by the preparation of a written deed of gift and subsequent registration of the transfer of ownership rights to the daughter. The latter is carried out by the Federal Service for State Registration, Cadastre and Cartography (Rosreestr). The fee for this is set at 2,000 rubles.

Attention

An application must be submitted to the territorial office of the registration authority at the address of the donated property. This can be done either in the institution itself or through the service website or in a multifunctional center.

In general, there is no need - no specific form has been established for a deed of gift. It is necessary to resort to the services of a lawyer based on the law dated July 13, 2015 No. 218-FZ if:

• the property of a person with limited legal capacity is donated by his trustee on behalf of his ward (Part 2 of Article 54);
• it is not given in its entirety, but in the form of shares from its co-owners (Part 1, Article 42).

In addition, a notarized document is difficult to challenge ; the specialist confirms with his seal that both parents and daughter are making the transaction consciously and voluntarily. The notary will also help in drawing up the contract and explain important details. With the exception of the above situations, the notary fee for certifying a deed of gift will be calculated based on clause 1, part 1, art. 22.1 Fundamentals of the legislation of the Russian Federation on notaries:

• if the value of real estate is less than RUB 10,000,000. — 3,000 rub. + 0.2% of the cost;
• otherwise - 23,000 rubles. + 0.1% of the cost.

You can’t register a deed of gift in Rosreestr right away - Art. 157 of the Civil Code allows transactions with certain conditions. But it is important to remember that the gift agreement based on Art. 572 of the Civil Code cannot imply a reciprocal transfer of money or property from a daughter to a parent.

How to make a deed of gift for an apartment for your daughter

The gift agreement does not have a set form. It is necessary to discuss all the terms of the future transaction. The deed of gift must contain:

• information about the parent and the gifted daughter;
• clarifying information about the gift;
• rights and obligations of the parties;
• procedure for resolving possible disputes and transferring an apartment;
• information about the encumbrance of the apartment or its absence;
• if necessary, additional conditions for the entry into force or cancellation of the contract.

The contract must indicate the specific subject of the gift , otherwise such a transaction is considered invalid. To describe housing, as a rule, the following are used:

• his address;
• state registration number in Rosreestr or cadastral number;
• technical information (area, location in the house, number of rooms, etc.).

Additionally

If the apartment is not registered with the state, then you must first register it with Rosreestr. This can be done when registering a deed of gift with accompanying documents.

The agreement is drawn up in three copies , two of which are received by the donor and the recipient, and the third is kept by the registration authority.

Additional conditions include suspensive and exculpatory conditions that may or may not occur in the future. The former refers to the conditions under which a transaction is considered completed and the rights and obligations described in it arise. For example, parents may promise to give an apartment to their daughter after graduation from university and note this in the gift deed. Cancellation conditions describe circumstances that entail the cancellation of a gift , for example, in the event of the death of the former donor.

Donation agreement for a house and land

Deeds of gift for a house and a plot of land do not differ in content from those for an apartment. They should also note:

• passport details of the parent donating the property and the daughter accepting the gift;
• clarifying information about the house, such as address, information from an extract from the Unified State Register of Real Estate;
• procedure for transfer of real estate;
• how possible future disagreements will be resolved;
• suspensive and disqualifying conditions, if any.

The deed of gift for land, in addition to the above data describing the site, must also contain information about the buildings on it.

Important

Clause 4 art. 35 of the Land Code prohibits giving a house without the land on which it stands, and a plot without property on it, if both the property and the land belong to the same person.

What documents are needed to formalize a deed of gift?

To transfer real estate to a daughter after drawing up a gift agreement, it is necessary to submit two applications for the transfer and emergence of rights from the parent and daughter, respectively. They are registered by the Rosreestr authority at the location of the apartment or house. When applying, you must provide the following documents:

• identification documents of the parties to the transaction;
• at least two copies of the deed of gift;
• title documents for housing;
• an extract from the Unified State Registration Register or a certificate of registration of rights;
• if the mortgage has not been paid for the housing, the consent of the mortgage bank.

Both the donor and the recipient, when applying to Rosreestr, submit two applications , in general, together and in person. The first is the basis for registering the transfer of property rights of the donor, and the second is the basis for the emergence of such a right in the donee. If the gift agreement was drawn up by a notary, then both applications can be submitted by either one of the participants in the transaction or a lawyer.

Property acquired during marriage cannot be disposed of individually , no matter whose ownership it is. In order to give such a living space to your daughter, you must first obtain the consent of your spouse and have it notarized. However, if the donor himself received real estate as a gift , then it is not considered jointly acquired, and he can deal with it at his own discretion.

Moreover, if the donor’s property rights were not previously registered with Rosreestr, then this will first have to be corrected by attaching the necessary documents.

For your information

It would be a good idea to clarify in advance the specific list of required documents. This can be done at the Rosreestr branch, MFC or through the “Life Situations” service.

Preparation of contract

There are certain requirements for the text of the document and the procedure for its preparation.

1. Since we are talking about ownership rights to real estate, a written form of the contract is a prerequisite. There is no requirement for mandatory notarization.
2. After registering the document itself, the recipient of the apartment is obliged to register the resulting changes in ownership of the apartment. To do this, you will have to go through a registration procedure in order to enter the new owner into the Unified State Register of Real Estate Rights. Without this, the recipient of the apartment cannot become its full owner. This procedure will not be free. To register real estate, you must pay a state fee of 2 thousand rubles.
3. In this case, you can donate either the entire apartment or its share. In the latter case, you need to clearly indicate the size of such a share. In some cases, the footage of the transferred property may be indicated.
4. The document must indicate the cadastral number of the residential premises, address, and number of available rooms. You will need to indicate the square footage of the apartment and on what floor it is located.
5. Of course, in this agreement it is necessary to note on what basis the apartment was received, indicating the title documents. This could be a certificate of privatization, a purchase and sale agreement, or, for example, a gift. This information is contained in the registration data of the Unified Register.
6. It is also important to tell some details about the apartment itself. Among them, it is necessary to list the owners, those who have the right to reside in this apartment. If this property is collateral for a bank loan or has other encumbrances, such data must be indicated in this document. In the case where the apartment is cooperative, it is necessary to reflect the fact whether the share has been fully paid. The situation regarding arrears in payment of utility services is important. If a house is transferred, similar data about it will be required.
7. In the case where the apartment was acquired by the spouses during the marriage, only one of the spouses is not enough to grant the will. Since the property acquired in this way is the common property of both spouses, they can dispose of it only with common consent. The contract must necessarily reflect that the second spouse does not object to the transfer of their common apartment as a gift. Formally, for this it is enough to say about the mother and father, mentioning them as donors. In this case, no additional documents confirming consent will be required. Otherwise, you can issue a notarized consent of the second spouse to make the gift.
8. It is recommended that this document reflect the fact that the deed of gift is written to the daughter. This is especially important from the point of view of taxation of this real estate transfer transaction. Taking into account the close relationship between them, there is no need to pay tax for donating an apartment.
9. The cost of the apartment must be indicated. Real estate registration data usually indicates the cadastral value of the transferred apartment. It can also be specified in the contract.
10. The gift agreement in favor of the daughter must indicate the rights and obligations of the parties. However, when donating an apartment to a child, they are similar to those considered in any gift agreement.

We suggest you read: What you need to register in an apartment

In general, almost all the main features of drawing up such gift agreements are indicated here. In addition, there are several other features. How to draw up a gift deed for a daughter, how to draw up a deed of gift for a son, if we are talking about a child? If the recipient is a minor child, his guardian will have to sign the agreement.

If we are not talking about donating an apartment, but about donating a house, then the registration occurs in a similar way, with the exception of one detail. Data will be required on the land surrounding the house and the buildings located on it.

If other children live in this living space, then in Russia you will need to obtain permission from the guardianship authorities to donate the apartment. This is due to the fact that the state monitors whether other children living in this living space have suffered damage as a result of the transfer of property.

If we are talking about the transfer of a private house, then this issue is related to the process of transferring the corresponding land plot. The house and the plot are different real estate objects and have different cadastral passports. The state duty when transferring ownership of a plot will be much less than when transferring an apartment. In this case, it will be 350 rubles.

You can also only donate part of the housing, that part of the apartment that is owned by the donor.

Stage No. 3 – Registration of the gift transaction

So, the agreement has been drawn up, what to do next? Now you need to register it.

1. Naturally, you will need the gift deed itself.
2. Title documents for the property will be required.
3. If the apartment is joint property with a spouse, you must have written consent to donate the apartment. This may be a separate notarized document, or both spouses may be named in the agreement as donors. If we are talking about shared ownership, then only the corresponding share can be donated.
4. You will need a BTI passport (Bureau of Technical Inventory).
5. A document confirming the fact of payment of a state duty in the amount of 2 thousand rubles. Usually we are talking about the corresponding receipt.

When the data about the new owner is included in the Unified State Register of the Russian Federation, the recipient of the apartment will become the owner of the apartment in full.

This concludes the sequence of actions for document preparation.