Garage donation agreement, sample of correct filling in 2021

Registration of a gift agreement for a garage

passports of the parties;
registration certificate or garage certificate;
agreement of exchange, purchase and sale or other;
permission to construct an object;
act of commissioning a building;
cadastral plan;
technical certificate;
a certificate from the BTI about the cost of the garage;
title documents for the land under the garage.

According to the law, the owner of any real estate can not only sell the object to someone, but also donate it. This also applies to garage owners. Often they decide to donate such property. In order for such a transaction to be successful and not turn into problems, it is necessary to carry it out according to the law and do not forget to formalize it.

How to conclude a deal to donate a garage? Where can I issue a deed of gift?

If you decide to give someone a garage, keep in mind that you can complete the deal in one of the following ways:

Conclude a written transaction yourself, submit a gift agreement and the required list of documents for registration to Rosreestr.
Contact a notary to draw up a deed of gift.

If you want to save money, then it is better to use the first method of completing the transaction. True, if you have never encountered this kind of agreement, you will have to work hard: draw up the agreement correctly, collect the necessary package of documents, submit it to the MFC for registration or to Rosreestr.

If you do not want to delve into and draw up a deed of gift yourself, then contact the recipient to a notary so that a specialist can help you. Please note that notary services are paid separately, so the recipient should be aware of this.

A transaction involving the donation of a garage does not need to be certified by a notary. For an agreement to have legal force, it is enough to correctly draw up the contract and sign it by both parties - the donor and the recipient.

Gift deed for a garage: how to draw it up correctly

First of all, the ban on concluding a gift agreement applies to citizens who are declared legally incompetent. These include mentally ill people, people under anesthesia or in a comatose state, persons under the age of majority, and their legal representatives.

In addition, employees of state or municipal organizations, employees of social, medical or educational institutions who have in their care those citizens whose trustees are the other party to the upcoming transaction do not have the right to draw up a gift agreement. Legal entities do not have the right to enter into a gift agreement between themselves. If these rules are violated, the donation will be invalid.

How to fill

The donation agreement for a garage must be in writing. According to the law, this applies to all objects whose value exceeds five minimum wages. Naturally, a garage costs more. Therefore, the transfer of ownership of this object must occur with the preparation of a document in writing and its registration in the State Chamber.

The person to whom the gift is made does not bear any responsibilities regarding the subject or procedure of the transaction. All these responsibilities are automatically assigned to the donor. The agreement itself comes into force immediately after signing. If there is a need to transfer ownership of the garage after some time, then you can simply indicate the date in the document.

There are certain categories of citizens who do not have the right to donate any property such as a garage. These include official representatives of incapacitated (including minors) citizens, civil servants, and employees of social institutions (if the contract includes residents of this institution). Such measures were provided for in the legislation in order to avoid falsifications and illegal seizure of property from citizens who, for one reason or another, cannot adequately express their will.

After collecting the documents, you can begin writing the deed of gift. The gift agreement includes several mandatory clauses.

First, the date and place of the agreement are indicated. Then the data of the donor and the recipient (full name and passport information) is entered. Next, indicate the area of the property and its address. The next step is to indicate the documents that prove the donor’s right to own the property.

We recommend reading

Sample contract for chartering a vehicle for transporting passengers

Then the cost of the garage is indicated according to the BTI estimate. Next, mandatory text forms are prescribed (such as “I am familiar with the contents of such and such articles of the law”, “the parties confirm that they are legally capable”, and the like). At the end, the parties put their signatures. Notarization is not required for the deed of gift.

The gift agreement itself does not require registration with the Chamber. The transfer of ownership of real estate must be registered. To carry out this procedure, you will need a basic set of documents (passport, garage documents, application for registration, deed of gift itself).

In addition, you need to obtain consent to the transaction from the spouse of the donor. You must first pay the state fee. During the procedure, you will need to pay tax. Its size depends on the value of the garage (tax on personal income in case of donation of property is 13%). The garage can also be transferred upon sale or purchase.

Garage donation agreement

Transactions for children under 14 years of age are allowed to be made only by both parents or one of them, adoptive parents or guardians on behalf of minors. Children aged 14-18 years have the right to independently enter into agreements with the obligatory written consent of their legal representatives.

documents confirming the identities of all participants in the transaction and trusted representatives. Passports:
Overseas.
Sailor.
A citizen of a foreign country with a notarized translation of the document.
documents on ownership of the subject of the transaction:
Document of purchase in the form of a purchase and sale agreement.
Certificates of inheritance.
Judgment.
Commissioning certificate.
technical documents on the subject of the agreement (cadastral and technical passport);
documents for the plot of land under the garage (cadastral passport, confirmation of purchase).

Gift rules

To obtain ownership of a garage, it is necessary that the structure be permanent, that is, attached to a plot of land.

Reference! If the garage is a prefabricated metal structure located on your own or rented site, it can be moved without causing damage; it is movable property. It is not subject to state registration and establishment of ownership.

If a gift occurs between relatives, they do not pay income tax.

Article 14 of the Family Code of the Russian Federation explains that close relatives are considered:

grandparents;
parents (including those who adopted the child);
children (also adopted);
grandchildren;
spouses;
brothers and sisters, both full and half.

When a deed of gift is issued to other persons who do not have the status of close relatives, they will have to pay 13% of the established price of the garage. At the same time, non-residents of the Russian Federation (people who are tax residents in other countries) will have to pay 30% of personal income tax.

Correct execution of a deed of gift for a garage

Registration of a deed of gift will take place without any difficulties if the parties have the right to conclude such a transaction, the value of the object exceeds the minimum standard, everything is in order with the documents, the state duty has been paid. If the recipient and the donor are relatives, they are also exempt from gift tax.

We recommend reading: What Documents Are Needed for a Land Deed?

The completed sample is registered with the Registration Chamber. A deed of gift for a garage does not require notarization. The state fee for ownership is 1000 rubles. If the parties to the transaction are not first-degree relatives, gift tax is paid. The amount is 13% of the cadastral value or indicated in the donation value itself. Consular employees, including members of their families, can issue a deed of gift without tax (Vienna Convention).

What should you consider when applying?

The registration of a deed of gift for a garage is as follows:

According to Article 35 of the Land Code of the Russian Federation, when transferring ownership of a garage, the heir must receive the right of ownership of the plot of land on which the garage is located, since its transfer without the plot of land on which it stands is impossible.

The heir will be able to obtain such a right after signing the appropriate land ownership agreement.

Read about how to inherit a plot of land here.

Those. the deed of gift for the garage must be accompanied by the conclusion of an agreement for the transfer of ownership of the land plot.

To draw up a deed of gift, the participants in the agreement (heir and testator) need to provide the notary with a list of necessary documents for the deed of gift (read further in the article), as well as draw up the agreement itself.

The deed of gift for the garage can be drawn up by the testator independently in free form, or it can be drawn up directly from the notary himself. In this case, the document must indicate the following mandatory information: details of the donor and donee, place of residence and contact information of both; the object of donation with a full description of its technical and visual characteristics; address where the object of donation is located; grounds for transferring this object to a specific person (for example, family ties).

Garage donation agreement

Payment for various certificates and certificates. Some organizations that issue reference materials have paid services. In addition, commercial organizations of this kind, for an additional fee, significantly speed up the time for receiving this or that paper.
State fee for notary services. As a rule, a single price list applies to all types of services. This amount directly depends on the inventory value of the object.
Income tax. Its size is the same for all financial transactions and is 13% of the value of the donated property. The value of the property is indicated in the inventory certificate.
Payment of duty to the state, which is collected by the Federal Registration Service. The size of this fee may vary, but on average it is 1000 rubles.

passports of participants in legal proceedings;
technical passport for the property;
building permit;
certificate of ownership of the land under the garage;
commissioning certificate;
purchase and sale agreement for the property;
passport, certificate or registration certificate for construction;
a document confirming that there is no debt in payment of membership fees to the garage cooperative;
certificate from the Bureau of Technical Inventory about the price of the object.

How to draw up a deed of gift for a garage: sample to fill out

A gift agreement can be drawn up in favor of a close relative. If you decide to give an object to your son, you must add a birth certificate to the standard package of documents. This will help prove the existence of family ties between the giver and recipient of the gift.

FULL NAME. the donor and the donee, passport details, place of residence at the time the contract was signed;
object number in the garage array, its location or address, distinctive features (area), data from technical papers;
indication of the date of transfer of the gift;
signatures of the parties.

Registration

Registration of a deed of gift for a garage is carried out in Rosreestr. After it, according to Article 574 of the Civil Code of the Russian Federation, the gift agreement is considered valid and gains legal force. The donee receives a corresponding certificate of the right to inheritance as a sign of confirmation of the validity of the contract.

The procedure for registering a deed of gift for a garage is carried out by submitting the following package of documents to Rosreestr:

A completed application for registration of a deed of gift for a garage;
A document confirming payment of the state fee;
Identification documents of the donor and the recipient (passports - civil and foreign);

If a representative was present at the notary when signing the deed of gift for the garage, then his passport must also be provided to Rosreestr.

If the deed of gift is concluded by a representative, then a certified power of attorney must be provided;
Documents confirming ownership of the object of donation (garage);
Certified gift agreement;

Information!

The completed deed of gift must be completed by three persons: the donor, the donee and the notary. If there is a representative, he must personally sign.

Written consent to transfer ownership of the garage from the second owner (if any);

Information!

The period for state registration of a deed of gift for a garage in Rosreestr is ten days from the date of submission of the required list of documents.

How to issue a deed of gift for a garage

Papers that confirm the right to the adjacent land.
Legal documentation for the box.
Consent of the co-owners of the donated structure.
Certificate of construction taken from the BTI.
A certificate stating that the property has not been seized. It is taken from the Federal Registration Service or the BTI.
Certificate of payment of all share contributions, obtained from the GSK board.

We recommend reading: The founder gave a loan to LLC

Important points about how to issue a deed of gift for a garage are regulated in the Civil Code of the Russian Federation. The legislation defines a list of persons who have the right to act as a donor or recipient, the amount of the gift and the tax on it for non-close relatives.

Cost of registration of deed of gift: general and at the notary

Notarization is expensive, especially when transferring housing to non-close relatives. However, the services of a notary are resorted to when there is a danger of claims from third parties . If the transaction is contested, the notary can act as a witness in court.

Full name, passport details and addresses of the parties;
Subject of the agreement. This indicates the type of property (apartment or house) and the address where it is located;
Clarification of the name and characteristics of the transferred property (say, a three-room house on land with an area of 110 m²);
A document confirming the donor's ownership of this object;
Signatures of the parties, date of the transaction.

Sample agreement for the donation of a garage and the land plot underneath it - registration and sample

Unlike an apartment, which does not require additional requirements, in the case of a garage, relatives need to legitimize the land plot located under it. Without compliance with this disposition of the law, donation of this type of real estate will be impossible. Accordingly, if the garage itself is transferred to a relative, then the land area is also alienated at the same time. Separately, these objects cannot be the subject of any transactions.

In addition, it should be recalled that if close relatives are present as parties, then in this case the tax will not be charged. It is enough to pay a fixed state fee (2000 rubles) and attach this receipt to the rest of the documents for the territorial Rosreestr.

How to issue a deed of gift for a garage in accordance with the law

From this very moment you will finally become the owner and have all the rights to dispose of the building as you please. Minors can make financial as well as legal transactions with the object of the gift only after they reach the age of majority.

Payment for various certificates and certificates. Some organizations that provide reference materials provide paid services. In addition, commercial organizations specializing in such activities will speed up the issuance of any paper for an additional fee;
State fee charged for the work of a notary. As a rule, there is a single price list for all types of services. This amount will depend entirely on the inventory value of the building;
Income tax. For all financial transactions, its size does not change and is thirteen percent of the value of the property that is being donated. The cost of the garage will be indicated in the inventory certificate;
Payment of the state fee, which is withheld by the Federal Registration Service. The size of such a fee may vary, but on average its cost is one thousand rubles.

How to issue a deed of gift for a car

It should be noted that if the car is re-registered to a person who is not a relative of the donor, then a tax will be charged to the recipient . He is required to pay a duty of 13% of the total price of the vehicle. Relatives are exempt from paying this tax.

Additionally, a certificate indicating the value of the vehicle may be required. Such paper is provided by insurance companies or firms specializing in car maintenance. In this case, the company must have the appropriate license to carry out such activities. Before you make a deed of gift for a car, you need to take care of finding a suitable deed.