A donation agreement or deed of gift is a common document drawn up within the framework of civil law. In accordance with it, one of the parties transfers any private property for free use to the other. This also applies to financial resources that can be used to purchase an apartment on a mortgage.
Features of the contract execution
The transfer of personal savings to another person is formalized in the form of a targeted donation agreement. Unlike the usual donation, this type of agreement provides for the targeted use of the funds received, for example, for the purchase of an apartment on a mortgage. One way or another, the transaction is non-payment and gratuitous, that is, the donor does not put forward certain conditions and does not demand anything in return.
When receiving funds for the purchase of an apartment on a mortgage from third-party sources, there really is a need to conclude a targeted donation agreement. The fact is that the bank must make sure that the funds that will be used as a down payment on mortgage housing are legitimate. The target donation is not subject to personal income tax if the parties to the contract are close relatives (parents and son or daughter). In other cases, the donee is obliged to pay tax in the amount of 13% according to the model 3-NDFL and in the manner prescribed by law. A husband and wife who are officially married do not have the right to conclude a targeted donation agreement between themselves.
An essential condition for concluding an agreement is the presence of the subject of the gift, in this case - cash in a certain amount. The transfer of the latter must take place immediately after the signing of the document by both parties (unless otherwise specified). Article 574 of the Civil Code of the Russian Federation allows the execution of the corresponding agreement in simple written form.
Execution of a special purpose donation agreement is impossible without such documents as personal passports of the participants, as well as a receipt. The latter is required to establish the fact of the transfer of money under the contract. At the request of the parties, they can certify the transaction with a notary.
Composition of the contract
A targeted donation agreement is drawn up with the obligatory indication of the personal data of its parties and their expression of will. The document must contain the subject of donation, the rights and obligations of the parties, the conditions for the confidentiality of the transaction and the resolution of disputes over it. It is also necessary to provide for and mark the term of the agreement, leave signatures in specially designated places.
The most important section of the contract is the prescription of the amount of money transferred and the purposes for which it is alienated. The moment of the actual transfer of funds is indicated. The second most important section is the rights and obligations of the parties. These include the grounds for terminating the transaction. Good grounds for termination of obligations may be the misuse of the funds received and the violation of the terms of their transfer to the donee.
The donee can refuse the subject of the gift at any time before signing the document. If the refusal is made after the conclusion of the transaction and the transfer of the gift, the money must be returned to the donor strictly in the amount specified in the agreement. In this case, the donee must draw up an application for termination of the targeted donation agreement.
The confidentiality section provides for non-disclosure by the parties of the data and terms of the transaction. The procedure for resolving possible disputes should also be indicated here. The parties express a desire to eliminate the conflict through peaceful negotiations or through judicial procedure. Both dispute resolution options are usually provided.
The contract on targeted donation of funds enters into force immediately after it is signed by both parties and terminates as soon as they fulfill their obligations. A receipt for receipt of funds acts as an additional document, which is drawn up and signed by the donee in two copies. In it, the citizen confirms the fact of receiving money in the agreed amount, and the donor will be able to use the relevant document as proof of the legality of the transaction when resolving possible disputes and conflicts.
