How to make a gift
According to the gift agreement, you can transfer it free of charge tothe property of another person is any movable and immovable property. It can be a car, an apartment, land, etc. However, it is not always easy enough to transfer property to another person, often there is a need for legal securing of the fact of the transaction and transfer of ownership. In this regard, you need to know how to issue a gift, which you need to collect documents for this.
A gift contract is drawn up in writing. It must comply with the requirements of the law. Otherwise, it can be recognized as invalid, and this will entail the cancellation of the transaction. The donor and the donee sign the contract after it is drawn up.
Is it necessary to apply to a notary? How to issue the gift correctly?
It is not necessary to address a lawyer. But to make a document for sure, it's better to contact either him or to a legal consultation.
In the event that the object of donation is movableproperty, it will be enough just to conclude a contract, and if real estate - also state registration is made (only after this passes the ownership right).
How to issue a gift, which package of documents should be provided?
- the statement of both parties on the state registration. Can be filed by their representatives by proxy certified by a notary;
- Identity document (passport);
- document on payment of state duty for state registration;
- the gift contract in 3 copies;
- for living quarters - the act of acceptance and transfer and the plan (original and copy), certified by the organization for the registration of real estate;
- other documents that may be needed (depending on the property being the subject of the gift).
When making a gift, a tax is levied onthe amount of 13% of the value of the transferred real estate. Exception: if the donor and the gifted are representatives of the same family or close relatives. In this case, you do not need to pay taxes.
How to make a gift for an apartment?
To do this, in addition to the above documents, you must provide:
- a document that confirms the right of the property of the donor to the apartment;
- cadastral passport of the apartment (issued in BTI);
- consent of the spouse, if available (notarized);
- A certificate containing information about persons registered in the apartment;
- The certificate received in the Bureau of Technical Inventory, with the evaluation of the apartment.
When registering an apartment, it is desirable that the gift agreement is drawn up with the participation of a notary, since if a document is lost, you can get a copy of it.
How to issue a gift on the house?
The contract is also made in writing withoutparticipation or with the participation of a notary. The list of necessary documents can be adjusted depending on the situation, but in general it is similar to the one that is needed for the registration of an apartment. After registration of the donation to the house, it must be registered with the registration service.
How to apply for a car?
To make a gift car, you needit is removed from the registration in the State Traffic Inspectorate. Then draw up a contract, preferably with the participation of a notary, to avoid mistakes in its drafting, which can lead to challenge the document. After that the gifted person should register a car in the State Traffic Police. The contract of gift of a motor vehicle can be carried out not only by the owner, but also by any other person who has a general power of attorney. Such a power of attorney is issued for a period of not more than 3 years and can also be executed in a simple written form or certified by a notary. In order to avoid unnecessary procrastination during the presentation of the gift, it is better to use the second method.
