Experts recommend that large and expensive gifts be transferred through a donation agreement, in everyday life it is also called “donation”. At the same time, there are risks that both the donor and the donee can bear, writes the Federal Notary Chamber on December 26.
Most often, a written contract is resorted to when a car or real estate (an apartment, commercial space, house, plot, garage) is presented. It is the basis for registering ownership in Rosreestr or transport in the traffic police.
A donation agreement is required when it comes to a gift from a legal entity, and its price exceeds 3 thousand rubles. For example, if an employer gives an employee a laptop for excellent work results.
In some cases, the gift is considered income and the recipient is required to pay 13% tax. This applies when strangers or distant relatives give you real estate, a vehicle, shares, shares or shares. You will also have to pay tax on a gift worth more than 4 thousand rubles received from a legal entity or individual entrepreneur.
At the same time, there are situations when not only a written, but also a notarial form of the contract is required. For example, we are talking about donating a share in real estate owned by several owners. It is impossible to donate real estate on behalf of minors and incapacitated citizens. However, they can be on the other side of the transaction, that is, to accept a gift – in this case, the participation of a notary is also required.
If an apartment is given as a gift, the donor can be immediately kicked out into the street. If the donor wants to continue to live on this living space, and even receive guaranteed financial support, it is better to conclude an annuity agreement, not a donation. Also, don’t confuse donation with a will. According to the first, a person “gives” property during life, according to the second – after death. The donation cannot be “screwed back”, and the will can be changed and canceled.
There are cases when one person makes a gift to another, but retains the property right for himself. When, after a quarrel, the giver does not just take expensive gifts – equipment, jewelry or something else. And he accuses the donee of stealing them. Or he announces that the money that was transferred “just like that” suddenly became a loan that now needs to be returned.
A notarial donation agreement protects the donee in good faith. This is especially true when people who are not related by family ties exchange expensive gifts. The notary does a lot of preliminary work. In particular, it checks whether the “gift” is in the pledge, and whether the donor has the right to dispose of it. If the property is in common joint ownership, do the other owners agree to give it to someone else.
In August, lawyers from RIA Nedvizhimost warned about the risks of donating real estate. It was noted, in particular, that the donation has a risk of being challenged if the donor turns out to be a debtor and is declared bankrupt.
Source: IZ
Jane Stock is a technology author, who has written for 24 Hours World. She writes about the latest in technology news and trends, and is always on the lookout for new and innovative ways to improve his audience’s experience.
