Land transactions on the territory of the Russian Federation in 2017 are characterized by a number of peculiarities and difficulties. Legal relations in this industry are regulated by the Civil and Land Code. This area is often changed and improved, therefore, it is possible to deal with the nuances of processing transactions only after consulting an experienced lawyer. A qualified specialist will answer any questions and help draw up a land donation agreement or other transaction. The expert will tell you which form to download on the network in order to be guided by it when drawing up a dedication.

It is the deed of gift that is the second most popular among the contracts drawn up on a land plot. The first place for many years has been occupied by the registration of the sale and purchase of the territory. A distinctive feature of the donation process is the gratuitous transfer of property into the possession of another person. Most often, a donation for land is drawn up between relatives. In this case, the property is not taxed upon re-registration of rights.

If you draw up a donation agreement for a land plot to a third party, then he will need to pay tax for individuals in the amount of 13% of the value of the land.

Having decided to consult with a lawyer when drawing up a transaction, you can contact any commercial company that provides legal services. However, in 2017, Russians prefer a more profitable alternative - online legal advice.

Donation Basics

Making a deed of gift between relatives or strangers is characterized by a number of advantages, one of them is the sole right of ownership, i.e. land received as a gift cannot be divided or taken from the owner. Having decided to draw up a donation agreement for a land plot, it is important to understand that, together with the territory, all buildings and structures erected on the site pass into the ownership of the gifted. According to the current legislation, a deed of gift can be revoked, but this requires good reasons presented through the court.

The process of registering a donation of land consists of two stages - drawing up an agreement and registering rights in Rosreestr. The transaction itself is not subject to registration, but the transfer of ownership rights must be formalized accordingly. The list of documents that are needed for submission to Rosreestr can be downloaded on the Internet. The list is subject to change, the standard set includes:

• identification of the parties;
• application for the transfer of rights;
• documents of title;
• gift agreement;
• cadastral and technical passport, land survey plan;
• receipt of payment of state duty.

Details for paying the state tax for registration can be downloaded on the Rosreestr website. The amount of the duty varies between 200-1000 rubles.

Land in Russia can be donated to both adults and minors. In the second case, the child's interests must be represented by his parents or guardians.

According to Russian laws, a deed of gift does not have the right to issue underage residents of the Russian Federation, persons undergoing treatment in medical, educational and orphanages, as well as citizens who are civil servants.

Requirements for documents and execution of a donation agreement in 2017

You can donate land to more than one person, for example, by dividing it into shares. A donation agreement for a share of a land plot is drawn up for each owner. To carry out the division of ownership, it is necessary to organize a procedure for setting boundaries and drawing up a land survey plan. Each share should have its own documents and a detailed description.

When drawing up a deed, it is possible to certify or not to certify the document by a notary. It is important to understand that the legality and legal force of the document depends on the literacy of the document. The form of the donation agreement must contain several basic information, namely:

• passport details of the parties:
• information about the size, location, cost and cadastral number of the site;
• information about the type of permitted use and the presence of real estate objects on the territory;
• a guarantee that the land is not burdened with debt.

It is important to attest to the sanity of the parties before concluding a transaction. The presence of a lawyer will ensure that the contract was drawn up competently and without coercion. Deciding to download a sample of the deed of gift and, on its basis, draw up your agreement is quite risky.

Attention! Depending on the presence or absence of a garden house, the donation procedure may have minor differences.

Therefore, in almost every stage of giving there are small features, which we will discuss below.

Where to contact?

Regardless of whether there is a house on the territory of the garden or not, the order of treatment is always the same - registration of the transfer of ownership of property in connection with donation is handled by Rosreestr.

You should go there, having with you a donation and the required set of documents (they will be discussed below).

What documents are needed?

First, let's describe the general list of documents. For donation you will need:

This set is served anyway. A if, a contract of donation of a garden allotment with a house is drawn up, then it is also necessary to attach:

• technical passport for the house - taken in the BTI;
• an extract from Rosreestr that the house is registered to you.

It is impossible to donate a garden property without a house that is located on it - it is illegal. The only exception is the case when the house is registered to another person.

Are you planning to sign a donation agreement for a plot of land?

Interested in the nuances of taxation in this area?

In what cases it is necessary to pay taxes on the donated land!

How to issue a deed of gift for a land allotment with a house?

Each contract must contain mandatory clauses:

1. Place and date of the conclusion of the contract.
2. Requisites of both parties - passport data, full name, place of residence.
3. Garden plot data - area, location, purpose.
4. Details of documents confirming the right to own and dispose of a land plot.
5. The presence or absence of property disputes on this site, various restrictions and encumbrances imposed on it.

If the allotment is donated with the house, then, among other things, the following sections must be entered into the contract:

• the area of ​​the house, the number of floors in it;
• his actual address;
• year of construction;
• details of documents that confirm the ownership of the house and the plot to the owner at the same time;
• certificates of ownership of both objects.

The document is drawn up either in simple writing or in a notarized one. In this case, both donation participants must agree with the transaction, confirming this with their signatures.

State registration procedure

After collecting all the documents and signing the agreement, you can contact them at Rosreestr, or in any of the multifunctional centers that also deal with the execution of such documents.

State procedure registration consists of the following steps:

1. All the collected documents and the contract are submitted to these authorities.
2. The authorized persons verify the authenticity of all documents and establish whether the transaction is legal.
3. If the transaction is recognized as impossible to carry out, the grounds are formed for refusing to carry out the procedure in state registration.
4. If no problems were identified, then an entry is made in the register that the ownership has passed to the recipient of the plot.
5. Documents of title are drawn up and signed, which are then handed over to the recipient.

Cost and terms

If the land allotment donation agreement with the house was notarized, then registration will take no more than three working days. If, at the same time, the application for registration was submitted by a notary in electronic format, then the processing time will be even shorter - just one day.

The total registration period is 10 days.(if the parties arranged everything independently). The only thing you have to pay for in this case is the state duty, the amount of which is 2,000 rubles.

It is easy to donate a garden plot, except that the presence of a garden house on it requires large expenses for collecting all the documents. We hope this article was helpful and you can get your deed of gift without any problems.

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Usually, close people prefer to transfer property free of charge. In order to simplify the conclusion of the transaction, the law allows land donation agreement between relatives in 2020. By drawing up the document, the parties will be able to change the owner of the property without paying a fee. In a number of situations, you can avoid paying tax to the state treasury. The land donation agreement must be drawn up correctly.

The donor and the donee are obliged to be guided by the provisions of the current legislation. Papers executed with violations can subsequently be challenged.

Therefore, it is necessary to familiarize yourself in advance with the rules for issuing a donation. So, not all property owners have the right to transfer it to another person. If the donor is incapacitated or underage, such a transaction will subsequently be invalidated. There are also a number of additional restrictions. We will talk further about how to properly draw up a deed of land, what documents will be required to conclude an agreement, and in what cases it is necessary to pay taxes.

The conclusion of the land donation transaction begins with the execution of the contract. It is drawn up in writing and signed by the donor and the donee. The gift must contain a number of mandatory information. Their absence will lead to the recognition of the paper as invalid. In the contract, you need to describe in detail the subject of donation.

In the case of a land plot, you will need to specify the following data:

• the name of the property to be donated;
• location of the land plot;
• category of land;
• cadastral number;
• availability of permission to use;
• land area.

Additionally, the deed must indicate the presence of encumbrances, the rights and obligations of the parties, as well as other restrictions. If the text of the deed is missing the required clauses, it will be invalidated. To make a donation, you do not need to draw up an act of acceptance and transfer of land.

The parties have the right to reflect additional clauses in the agreement. In the deed, you can indicate the validity of the document, the rights of the heirs and other features.

If additional items are missing, this will not be a reason for refusing registration. Documenting paper yourself can be problematic. Experts recommend using a ready-made form. You can download a sample agreement for donating a land plot between relatives on the Internet.

Preparation of a donation

If the owner of the land wants to transfer the property free of charge to relatives, a package of documents will need to be prepared. The list is regulated by the current legislation of the Russian Federation.

The parties will have to provide:

• Completed application. The paper is drawn up by each of the participants in the procedure. The donor indicates that he wants to transfer the land free of charge. The donee claims to accept the gift.
• A receipt confirming the payment of the state duty. The original and a copy of the document are provided.
• Passports of the participants in the procedure.
• Donation agreement. If the parties draw up an agreement on their own, three copies of the paper can be prepared. If a notary is involved in the procedure, an additional copy will be required.
• Papers confirming the existence of land rights. A copy must be provided along with the original. Specialists can independently request data from Rosreestr.
• The consent of the guardianship authorities, if one of the parties to the transaction is a child. The document is provided in 2 copies.
• The permission of the donor's spouse if the plot is joint property. The paper is presented in the form of an original and a copy.

Land rights can be transferred to both a close relative and another citizen. The law does not establish restrictions. However, there are a number of conditions that serve as the basis for invalidating the transaction.

Download a sample agreement for the donation of a land plot between relatives:

The concluded agreement is recognized as such in the following situations:

• real estate is donated to a commercial organization;
• the donor is a child under the age of 14, or a person recognized as incapacitated;
• persons working in government organizations who accept property as a gift from a ward, client or visitor;
• the donor is a person who does not have permission to turn over the land.

If there is a capital structure on the site, you cannot donate only land. The property is donated together with the building. The parties participating in the transaction must be personally present during the execution of the contract. If there is no such possibility, the law allows the transfer of powers to a representative. For this, a power of attorney is drawn up.

Registration of donation of a land plot

When the gift of land between close relatives is drawn up, and the package of documents is prepared, you can proceed directly to the procedure for registering the transaction. To do this, you need to contact Rosreestr or the MFC. You must have a prepared documentation package with you. If the papers are provided in the required quantity, they will be accepted for consideration.

The analysis procedure takes 10 days. When the term ends, authorized specialists will register the transfer of ownership or temporarily suspend the registration process.

If the registration process has been suspended, participants have the right to correct mistakes and reapply to Rosreestr. The maximum stop period is one month. At the initiative of the donor, the period can be extended by another 3 months. If the parties do not have time to correct the documentation in due time, they will be refused to re-register their property rights. To avoid wasting time, it is recommended to get legal advice or download a ready-made sample of a land donation agreement.

Peculiarities of taxation upon donation

If the donation of land is carried out, it will be necessary to pay a tax to the state treasury. If relatives are involved, the fee can be avoided. The privileges are provided only to persons who are close relatives.

In accordance with article 14 of the Family Code of the Russian Federation, these are:

• brothers and sisters;
• husband and wife;
• parents and children;
• Grandmothers and grandfathers.

Incomplete or adopted children, as well as adoptive parents, are also recognized as close relatives. Persons entitled to donate land on preferential terms will only have to pay a state fee. Its size in 2020 is 2,000 rubles. Additionally, it is necessary to make money for the transfer of rights to land. The amount is 350 rubles. The need for the above payments is regulated by the Tax Code of the Russian Federation.

If the payment of the state fee has not been made, the documentation will be returned to the applicant within ten days. The donation will not be considered.

If the participants in the transaction are not close relatives, you will need to pay tax. Its size is 13% of the value of the donated land. If a person does not know how to draw up a standard contract, it is recommended to use a ready-made template as an example of filling out.

Consequences of donating land

When the land registration is completed, the former owner loses the right to a garden, summer cottage or other plot. The donee becomes the owner of the property. However, the current legislation of the Russian Federation contains a number of conditions under which the transaction can be canceled. The donor himself has the right to challenge the conclusion of the agreement. His requirements can be satisfied if the financial situation and health of the citizen has deteriorated significantly.

The deal can only be challenged in court. The claim will need to be supplemented with documentation confirming the correctness of the applicant.

The Civil Code of the Russian Federation fixes additional conditions under which the transaction is canceled. A similar decision is made if the contract was signed under physical or moral pressure, or the plot with the house as a result of the donee's actions came into a state of disrepair. This decision is made depending on the individual characteristics of the current situation.

In practice, the deed is drawn up quite often. However, property is often in shared ownership. A citizen has the right to donate only his share. All other property owners must agree to take the action. Written permission will be required to be attached to the list of documentation. It must be written by all property owners.

Land co-owners have the priority right to redeem their shares. Before you issue a deed of gift, you will need to notify other property owners about the planned action, and then wait 30 days.

The period is given in order for them to issue a refusal to buy out property in gardening. If the answer is not received within the prescribed period, it is considered that the other owners have refused to buy the land. The notification of the transfer of property as a gift must be made in writing, and then handed over personally to the other owners of the site or sent by registered mail with a description of the content. If a person submits documents on his own, it is worth demanding to put a mark that citizens have read the paper and studied its contents. If a person is the sole owner of a plot, he has the right to donate the property in full or transfer only a share in it. The documents must be executed correctly. To know how to draw up paper correctly, and what form of document to use, it is recommended to study the provisions of the Civil Code of the Russian Federation. If only part of the property is transferred, the donation agreement is drawn up in accordance with the classical rules. However, the parties will have to additionally indicate the size of the transferred share, its area and location of the site.