What is a contract of donation and when it may be needed
According to the law of the Civil Code of the our Federation Article 572, the following is considered to be.
Gratuitous transfer of property
If you give something to someone from the pure heart, without requiring nothing in return, it is a gift. And it doesn’t matter what it is a mug with a funny inscription or cottage on the shore of the lake. The only difference is how it is issued. In most cases, it is enough to verbally announce the intention and transfer the gift itself, or documents for it, or its symbolic designation, such as keys. Exceptions when it is necessary to conclude a written contract of donation, two:
- When transferred real estate. The transition of ownership from one owner to another must be registered in Rosreestre, for which the paper will be needed.
- If a legal entity gives something more expensive than 3 thousand dollars.
On the car domestic according to the law is not required. But this will have to do it too. Paper will be useful for transport reissue to the recipient in the traffic police. Although in general somehow fix the fact of donation is good, when it comes to something valuable. Evidence may be required if any disputes arise. For example, grandmother gave granddaughter with diamonds earrings, and then I forgot about it and accused of stealing. Evidence will help restore honest name.
In addition, a gift should be made disinterestedly, otherwise the deal will be recognized as insignificant. So, sometimes when selling a share in the apartment (for example, rooms in a communal), the seller does not want to collect failures from the remaining owners and instead of the contract of sale offer a contract of donation. And buyers just give him money on receipt. Stakeholders like neighbors easily challenge a deal.
The promise of a gift in the future
Suppose Grandma is going to span his grandchildly when he is 18 years old. Words cease to be empty chatter and become a promise to be fulfilled by law. But only if everything was decorated in writing: for promises to sign the contract of donation, it is necessary.
In addition, there are several conditions here:
- You need something specific. You can not write "Everything is now yours", it will not have a legal force.
- It is impossible to promise that the gift will turn to the recipient after the death of the current owner. For such cases there is a testament. And therefore the contract will be considered not unconnected.
- You can not promise a gift in return for any services or obligations. He must be disinterested. If the grandmother wants grandson to care for her, and only then it will get real estate, it is not a donation.
If the donor does not wait until the day when he promised to give a present, it will have to make his heirs. When the recipient dies earlier, no one needs to be transmitted – unless otherwise indicated in the contract.
If you forgive the debt or take on the obligation to pay it for someone to a third party, this is issued by the Darment Treaty, and be sure to be in writing. For example, if we decided to pay off your retirement mama – this is your case. And, again, your gust should be disinterested.
Who can be a donor
For gifts cheaper 3 thousand dollars no restrictions. As for more expensive presents, the donor is presented not so much requirements of the Civil Code of the our Federation Article 575 . It should be:
- Owner of the property – to give someone else’s or something that he owns not one, it is impossible.
- Mentally healthy and fully aware of their actions at the time of signing the contract.
About the last paragraph Talk Read more. If a person was under the influence of alcohol, drugs or presented something under pressure, it is not considered. Those who are recognized by the court are incapable, also can not prevent anything. Moreover, it is impossible to do it and on their behalf.
Children under 14 years old can not be donors. You can not give presents and on their behalf. That is, if the child got from the grandmother’s share in the apartment, parents can not give her someone. Since 14 years old, expensive gifts of a child can give moms, dad or legitimate guardian. A full package of the donor rights man receives from 18 years old, or from 16, if he is emancipated by law.
Also banned gifts that are transmitted from one company another. From a legal entity physical and vice versa – how much.
Who can take a gift
Almost anyone. There are few exceptions, and all of them are rather aimed at combating corruption and abuse. Presents more expensive than 3 thousand dollars forbidden by the Civil Code of the our Federation Article 575 Take:
- employees of educational, medical, social organizations from their wards;
- State and municipal employees, employees of the Central Bank and other similar specialists, but this does not concern official events.
Is it possible to refuse to accept a gift
Yes, it is a double-sided deal, and from the present you can refuse the Civil Code of the our Federation. Article 573 abandon how he moved directly to you. But if the donor proves that it caused him damage, he will have to compensate him.
If the contract of donation was decorated in writing, it is necessary to refuse the same on paper.
How to issue a donation agreement
Strict paper rules no. But what should be in the document.
You must specify the name, name, patronymic of the donor and recipient, date of birth, passport details and registration address.
I, Citizen Bilbo Baggins, September 22, 2890, Birthplace, Place – Shir, Mediterranean, registered at Bag & Hobbiton, Shir, On the One,
and a citizen of Frodo Baggins, September 22, 2968 born, place of birth – Shir, Mediterranean, registered at Bag & Hobbiton, Shir, on the other hand,
Being in the right mind and solid memory, acting voluntarily, concluded this agreement on the following.
What is it with what characteristics to whom and on the basis of which documents belongs. So, if the apartment gives, it will be the address, a metrarhy, cadastral number, number and date of registration of ownership, as well as the cause of its occurrence – for example, a contract of sale.
I, Citizen Bilbo Baggins, handed over to his nephew Frodo Baggins Sassior with countless rooms, located at Bag & Hobbiton, Shir. Cadastral object number: 11: 111111: 111. Specified Smile belongs to Bilbo Baggins on the basis of the certificate of inheritance 00AA111111.
Recipient’s consent to take a gift
Double-sided deal, so it is worth specifying.
I, Frodo Baggins, specified Supreme from Bilbo Baggins accept.
The rest of the content of the contract is typical, so simply check with templates.
If the contract does not require a visit to the notary, then comes into force after signing. If required, then after its assurance.
Is it necessary to assure the contract of donation in the notary
Only if you give a share in real estate, and it is not always. It is possible to do without it if:
- During one transaction, all owners give their shares;
- The only owner gives someone share.
Do I need to pay taxes from a gift
Only if the Tax Code of the our Federation article 217 is real estate, transport, stocks and shares and they are not received from close relatives. For presents from spouses, parents, children, brothers and sisters, grandparents do not need to pay anything. If you got a car, or apartment, or securities from the uncle or partner, the relationship with which is not registered, you need to pay the tax on the income of individuals in the amount of 13% of the gift value.
Is it possible to take a gift
Just take and change your mind. However, there are four Civil Code of the our Federation Article 578 case when an expensive gift can be taken back.
- If the recipient caught a donor’s life or his family members or caused their health. In the event that the donor as a result of these actions died, its heirs may challenge the contract.
- If a gift has a large non-property value for the donor, and the recipient does not protect him, because of which it risks to lose it irrevocably.
- When the present is obtained from IP or Jurlitz during the period when it remained to its bankruptcy less than six months. Such a degree of donation can cancel the court.
- If the donor survived the recipient. But this norm works only if it was spelled out in the contract. If not, then return the gift will not work.
The same conditions work for cases when someone has promised to give something or free from property obligations. You can also not fulfill the terms of the contract if the Civil Code of the our Federation Article 577 The property, family position of the donor or the state of its health has changed so much that the implementation of the promised will significantly reduce its standard of living.