How much does a deed of donation of a share of an apartment cost from a notary?

Donation Apartment

11/15/2020 rent, mortgage, loan, snt

When receiving such an expensive gift as real estate, you will have to go through a certain procedure prescribed by law in order to register the property in your name. Since this cannot be done without contacting government agencies, payment of the state duty for the deed of gift for an apartment cannot be avoided. More precisely, you will have to pay for the services provided when the owner changes.

• 1 Gift deed: what is it?
• 2 Features of registration of deed of gift
• 3 Amount of state duty for deed of gift
• 4 State duty for deed of gift through a notary
• 5 Options for paying state fees 5.1 Similar entries

Cost of service No. 1 - drawing up and certification of a share donation agreement

The cost depends on whether you contacted a notary on a mandatory basis or at your own request. We advise you to carefully read in what cases the contract must be certified, because if you go to a notary at your own request, it costs more.

If the contract must be certified

• A) Drawing up a contract - from 3 to 9 tr. In each region, the price for compilation differs because it is not determined by law. It is established by the local notary chamber at a general meeting. In addition, the price changes every year. For example, at the time of writing in Moscow - 6 thousand rubles, in St. Petersburg - 4.8 thousand rubles, in Arkhangelsk - 8.8 thousand rubles. This is called technical and legal services. Is it possible to bring your own gift deed and not pay for drafting?
• B) Notarization (certification) of the agreement - 0.5% of the transaction amount (clause 5, clause 1, article 333.24 of the Tax Code of the Russian Federation). Usually, when donating a share, notaries take its cadastral value for the transaction amount. Is it possible to indicate another value instead of the cadastral value?
  cost of the certificate = 0.5% * cadastral value of the apartment share

  The cost of the certificate also has a framework - it must be at least 300 rubles. and no more than 20 tr.

  First you need to find out the cadastral value of the entire apartment - instructions. Next, multiply the cadastral value of the apartment by the size of the share being donated. For example, a 1/3 share is given, the cadastral value of the entire apartment is 3.4 million rubles. It turns out the cadastral value of the share: 1/3 * 3.4 million = 1.33 million rubles.

  SHOW EXAMPLES ↓ Example No. 1: Andrey and Marina have an apartment in Moscow, where each has a 1/2 share (shared ownership). Andrey decided to give his share to Marina. In their case, a notary is required. The cadastral value of the apartment is 4.7 million rubles. For drawing up the agreement, the notary charged them 5,400 rubles, and for its certification - 0.5% * (4.7 million * 1/2) = 11,750 rubles. Total RUB 17,150.

  Example No. 2: Marina and Olga have an apartment in Moscow, where Marina has a 1/4 share, and Olga has a 3/4 share (shared ownership). Olga decided to donate her 3/4 share to her children, i.e. 3/8 each. In their case, a notary is required. The cadastral value of the apartment is 5.2 million rubles. For drawing up the agreement, the notary charged them 5,400 rubles, and for its certification - 0.5% * (5.2 million * 3/4) = 19,550 rubles. Total RUB 24,950.

  Example No. 3. Alexander, Christina and Svetlana each have a 1/3 share of an apartment in St. Petersburg. Svetlana decided to give Alexander half of her share, i.e. 1/6. The cadastral value of the apartment is 11.3 million rubles. They paid the notary 3,800 rubles for drawing up the agreement. For his ID - 0.5% * (11.3 million * 1/6) = 9,150 rubles. Total RUB 12,950.

Article on the topic - how a contract of donation of a share of an apartment is certified by a notary and what documents are needed;

Go to the cost of service No. 2 - submitting a gift agreement for registration of the transaction

If the contract is certified at your own request

(no mandatory notarization is provided)

• A) Drawing up a contract - approximately from 4 to 10 tr. In each region, the price for compilation differs because it is not determined by law. It is established by the local notary chamber at a general meeting. In addition, the price changes every year. For example, at the time of writing in Moscow - from 8 tr., in St. Petersburg 6 - 8 tr. Is it possible to bring your own gift deed and not pay for drafting?
• B) Notarization (certification) of the agreement - % of the transaction amount. Usually, when donating a share, notaries take its cadastral value for the transaction amount. Is it possible to indicate another value instead of the cadastral value?
  You can only find out the cadastral value of the entire apartment - instructions. Next, multiply the cadastral value of the apartment by the share. For example, a 1/3 share is given, the cadastral value of the entire apartment is 4.1 million rubles. It turns out the cadastral value of the share: 1/3 * 4.1 million = 1.36 million rubles.

  The percentage for certification depends on the amount of the transaction and whether it is given to a close relative. Tariffs are taken from clause 1 of Art. 22.1 Basics about notaries.

  A share of the apartment is given to a close relative(s)

  That is, spouse, parent, son/daughter, grandson/granddaughter.

• — If the cadastral value of a share is up to 10 million rubles, then certification of the contract costs 3,000 rubles. + (0.2% * cadastral value of the share).

— The cadastral value of the share is more than 10 million rubles, then 23,000 rubles.
+ (0.1% * (cadastral value of the share - 10 million)). But the final cost of the certificate should not exceed 50 tr. SHOW EXAMPLES ↓ Example No. 1: Alexander has an apartment in Moscow, he is the sole owner. He decided to give half of the apartment to his son, i.e. 1/2. Although not necessary, they decided to contact a notary, i.e. at will. The cadastral value of the apartment is 4.8 million rubles. The notary charged them 8,000 rubles for drawing up the agreement, and 3,000 rubles for certifying it. + (0.2% * (4.8 million * 1/2)) = 7,800 rub. Total RUR 15,800

Example No. 2. Oksana has a large apartment in St. Petersburg, the cadastral value of which is 21.8 million rubles. She decided to give her grandson a 2/3 share, i.e. to a close relative. They turned to a notary, even though he was not necessary in their case. They paid the notary 6,000 rubles for drawing up the agreement. For his ID - 23,000 rubles. + (0.1% * ((21.8 million * 2/3) - 10 million)) = 27,500 rub. Total RUR 33,500

Amount of state duty for gift deed

As mentioned above, payment of a fee is required when registering donated property.

Payments are provided for the following types of services:

• registration of the contract;
• registration of transfer of ownership rights.

The state duty is paid at the place of registration. For individuals, its amount is 2,000 rubles. For legal entities, the amount is significantly higher - 22,000 rubles.

Important! When donating half of the apartment, the amount of the state fee for registering the deed of gift remains unchanged. It amounts to 2 thousand rubles, as when transferring ownership of all real estate.

If a third of the apartment is alienated, the state duty will reach 666.66 rubles. Accordingly, the fourth part of the property is paid in the amount of 500 rubles.

If the parties wish, the amount of the state duty can be divided between the recipient and the donor.

If several people act as donors at once, and the recipient is one, upon receiving the entire apartment he will have to pay a state fee of 2,000 rubles. This amount, if desired, can also be divided between the parties to the relationship.

Is it possible to indicate another value instead of the cadastral value?

Yes, according to paragraph 5 of Art. 333.25 of the Tax Code of the Russian Federation, donors and recipients have the right to choose themselves what value to take as the transaction amount - cadastral, inventory or assessed (market). The inventory value is almost always less than the cadastral and market value, which means you will have to pay less to certify the contract. But the catch is that to do this, the notary will have to provide certificates for each cost. The notary will find out the cadastral value himself; a certificate of inventory value is taken free of charge from the BTI, but the estimated (market) value is determined only by appraisal companies and this service is paid (clause 8 of Article 333.25 of the Tax Code of the Russian Federation). The cost of assessment in each region is different - from 4 thousand rubles.

It is important to understand whether it makes sense to order an appraisal at all or is it easier for the notary to calculate from the cadastral value. Let's describe it with an example: donors and recipients decided to provide the notary with all 3 certificates in order to charge the least amount for the transaction amount. We ordered a report on the appraised value of the apartment from an appraisal company for 5,000 rubles. 1/2 share of the apartment is given. The cadastral value of the apartment is 3 million rubles, the inventory value is 2.5 million rubles, the estimated value is 2 million rubles. It turns out that the cadastral value of the share is 3 million * 1/2 = 1.5 million, the inventory value is 2.5 million * 1/2 = 1.25 million rubles, the estimated value is 0.5% * 2 million * 1/2 = 5 tr. The cost of the certificate according to the tariff at the cadastral value will be equal to 0.5% * 1.5 million = 7500 rubles, at the inventory value 0.5% * 1.25 million = 6250 rubles, at the estimated 0.5% * 2 million * 1/2 = 5000 rubles . Of course, donors and recipients chose the estimated value, because it turned out to be the lowest. But if you remember that the report on the estimated value cost 5,000 rubles, then the total costs came out to 10,000 rubles. It turns out that it would be cheaper for the notary to take the cadastral value of the share for the transaction amount.

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What is better for the heir - a gift or a will?

How to certify a gift agreement at a notary office

When certifying a gift agreement, an employee of a notary office is obliged to perform the following actions:

1. Establish the identities of all parties to the transaction . To do this, the donor and the recipient (or his legal representative) must have passports with them when visiting a notary.
2. Check the capacity of the parties . This is a necessary procedure, since according to Art. 575 of the Civil Code of the Russian Federation and Art. 42 – 44 Fundamentals of legislation on notaries, donation on behalf of minors or incapacitated citizens is prohibited.
3. Determine whether the parties are truly willing and intend to complete the transaction . If either party declares that they doubt the correctness of this step, or the notary sees that someone is taking it under pressure, he is obliged to terminate the transaction.
4. Explain to the parties the legal consequences of registering a deed of gift.

In general, the donation procedure is practically no different from any other procedure for the alienation of a share in a residential property, the only difference is that the transaction is free of charge. Any person can act as a recipient, regardless of citizenship, gender or age.

But if the beneficiary is a minor child under 14 years of age, then his legal representative (either parent or guardian) must participate in the donation procedure instead. Once a minor reaches the age of 14, his direct participation in the transaction is mandatory. In this case, the teenager himself puts the signature in the gift agreement, but, in addition to his signature, the consent of the legal representative to conclude the gift agreement and his personal signature must be written in the gift deed.

On January 1, 2017, Federal Law No. 218-FZ of July 13, 2015 came into force, according to which the cadastre and registration databases were combined into the Unified State Register of Real Estate (USRN), thus, all information about the property was combined into a single registration document . Currently, to complete a real estate transaction, there is no need to provide a separate cadastral passport and a certificate of ownership of residential premises; one document is enough - an extract from Rosreestr.

Moreover, notary offices have the right to request an extract from the Unified State Register for the residential premises that are the subject of the transaction, thus freeing citizens from the need to waste time obtaining an extract from the Unified State Register. But this service is paid, so the donor himself chooses whether to receive an extract on his own, or by paying to a notary office and save himself from the need to visit Rosreestr.

Service No. 2 - submission of a gift agreement for registration of the transaction

Now the notary must submit the notary agreement for registration with the rest of the documents HIMSELF AND FOR FREE, because this is already included in the service for certifying the transaction. Notaries have such responsibilities since February 2021 on the basis of Art. 1 of Federal Law dated August 3, 2018 N 338-FZ. This law excluded the notary's tariff from Art. 22.1 Fundamentals about notaries, and there he added to the 2nd paragraph - that a notary does not have the right to charge money for additional legal services. Explanations of the Federal Notary Chamber - link.

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, Rosreestr has set a discount of 30% - you only need to pay 1,400 rubles. According to the law, the state fee is paid by the donee, because he is the beneficiary, 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.

Of course, the parties can refuse and submit the agreement for registration themselves. You will also have to pay 2000 rubles. for state duty.

Features of registration of deed of gift

You can issue a deed of gift not for the entire apartment, only part of it. However, it is important that other owners claiming a share of this property give their consent (Article 576 of the Civil Code of the Russian Federation). If there are minors among them, their parents or guardians give consent.

The gift agreement is drawn up in writing. It is signed by both parties and also registered with the authorized bodies.

The legislation provides exceptions in relation to the object of the gift. If its price is below 3 thousand rubles, an oral agreement is possible without drawing up a written document. In the case of an apartment, the cost of which cannot be less than the specified one, such exceptions are not considered.

The gift agreement is printed in 3 copies: the first remains with the donor, the second is given to the donee, and the third is sent to the authorized bodies.

To register the transfer of property rights, you will need to present several documents:

• gift agreement;
• a receipt confirming payment of the state duty;
• certificate certifying rights to property (original).

Depending on the specific situation, permission from the parents or guardians of minor children, who also have rights to property, is attached to the above list of documents.

Can I bring my deed of gift to the notary?

By law, donors and recipients have the right to bring their gift agreement to the notary, but in practice, most notaries do not accept agreements “from the outside.” Agreements are usually drawn up by notary assistants using pre-prepared templates, and notaries themselves are not eager to check “other people’s” agreements before putting their stamp on them.

I had such a case, but not with a gift transaction, but with a purchase and sale transaction. I called one notary, and as usual, an assistant answered the phone. He told me that they also notarize “other people’s” contracts. I drew up a purchase and sale agreement for my clients, we came to the notary and he refused to accept it. As usual, they referred to the fact that the contract would be drawn up by assistants; they were experienced specialists and they knew better. Therefore, before going to a notary, clarify this point in advance by phone and better ask again several times.

Why is notarization of a gift agreement required?

Until 2021, some gift transactions could be carried out without the participation of a notary, but, in accordance with Law No. 172-FZ of 06/02/2016, now the donation of a share in a residential building must occur only in the presence of a notary and with the obligatory notarization of the deed of gift. If the gift agreement is not certified by a notary office, the transaction will not be able to be registered in Rosreestr and, accordingly, the transfer of ownership will not be carried out.

The legal requirements are determined by the objectives of the Russian government to minimize the number of frauds with residential premises associated with the alienation of residential real estate, for example, during the illegal seizure of residential premises by raiders or “black” realtors.

Notarization of a gift transaction guarantees its authenticity; it is almost impossible to challenge it in court. If any legal dispute arises regarding the alienation of a share of an apartment under a gift agreement, a notary will be invited to court as a witness to the legality of the gift transaction.

Important. To certify the gift agreement, you must contact the notary office in whose area of ​​responsibility the donated residential premises are located, and not any notary practicing on the territory of the Russian Federation. If the apartment is located in Moscow, but in order to save on drawing up a gift agreement you contact a notary, for example, in Samara, then he will refuse to notarize the transaction.

Who pays for everything

Notaries don’t care who will pay for their services, but most of them will have the donee appear on their payment receipts, because they are beneficiaries. And the law does not specify who is obliged to pay, so it is better for donors and recipients to agree on payment in advance.

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Only the court can help the owner of an apartment to discharge a person without his consent.

If you have questions, you can consult for free. To do this, you can use the form below, the online consultant window and telephone numbers (24 hours a day, seven days a week): 8 Moscow and region; 8 St. Petersburg and region; all regions of the Russian Federation.

Who pays

In theory, all costs for registering the donation of a share of residential premises should be borne by the beneficiary, that is, the recipient of the gift. In practice, financial issues are regulated on an individual basis, for example:

1. All expenses for registering the transaction are voluntarily borne by the donor.
2. The parties agree that all financial costs are paid equally.
3. The recipient is a minor; in this case, all expenses, unless a different payment procedure is specified in the gift agreement, are borne by the beneficiary's parents.

In any case, you will have to pay:

• Notary Services;
• state duty for registering a deed of gift in Rosreestr;
• income tax (NDFL).

Let's look at the last point in more detail. Income tax in the amount of 13% of the value of the donated share of residential premises should not be paid by close relatives of the donor (children, parents, grandparents, and spouses); everyone else is required to pay personal income tax. If the recipient is not a close relative of the donor who is not a resident, income tax increases to 30% of the value of the gift.