In legal practice, donation is a transaction in which one party transfers the other property belonging to it into ownership free of charge. But how much does it cost to draw up such an agreement when it comes to real estate?
The cost of registration of a donation for an apartment directly depends on the method that the donor chooses. You can draw up a document either from a notary or a lawyer (moreover, notarization is not considered a mandatory measure: they resort to it to get confidence in the correctness of the document), or independently. The first two options are more expensive, the last one is more risky. However, in any case, it must be remembered that according to the Civil Code of the Russian Federation, the gift must be drawn up in writing and registered with the Registration Chamber.
So what is the danger of drawing up a donation contract on your own? The fact is that the donor, not having specialized knowledge, can make a mistake, and any mistake can lead to the fact that the deed is recognized as invalid. And to avoid this, you need to draw up such a document according to a strictly defined algorithm:
- Pay special attention to the correctness of the contract.
- It is mandatory to seal the agreement with signatures and register the deal.
And in order to avoid mistakes directly in the text or form of the donation agreement, the donor can simply download the 2018 form from the Internet, and then enter his own information into it:
- Name, passport details and address of all parties involved;
- in the paragraph on the subject of the contract, it will be necessary to indicate what type of real estate (apartment, house, etc.) is subject to donation, and at what address it is located;
- it will be necessary to clarify the characteristics of this property (number of rooms, total area of housing, etc.);
- a document must be attached to the donation agreement, which confirms that the donor really has ownership of the property;
- seal the dedication signatures of all parties involved, the date of drawing up the contract is mandatory.
The notarial deed is usually resorted to in cases where there is a risk of challenging the contract by third parties: in this case, the notary will be able to appear in court as a witness. In addition, all copies of the contracts are kept in the notary's office, and in case of loss, it will be easy to restore it.
Before drawing up a contract, the notary will require a package of documents, and then he will draw up a deed of gift, give it to the parties involved for signature, certify and send it for registration. But notary services are not cheap:
- if the participants in the transaction are not close relatives, they will need to pay tax (13% of the value of the property);
- payment of the state fee for registration and notary services (since he applies to the Regpalat himself) will amount to about 2,500 rubles;
- payment for drawing up a contract will cost about 2,000 rubles.
And a separate item is the state duty for notary services. Its size depends on whether the parties to the transaction were close relatives or not. And if so, the amount of the state duty will be 0.3% of the cost of the apartment (but not less than 300 rubles). If there is no close relationship, then:
- the participants in the transaction will pay a fee of 1% of the price of the property if it does not reach 1,000,000 rubles;
- if the value of real estate exceeds 1,000,000 rubles, then the state duty will be 0.75% plus 10,000 rubles;
- if the price of real estate exceeds the amount of 10,000,000 rubles, then the state duty is charged at the rate of 0.5% + 77,500 rubles.
Separately, the notary may ask for fees for additional services: for example, the collection of documents. The donation can be paid by both the donor and those to whom he donates the property.
Separately, it should be said about registration, which in any case will have to be done: here the state duty is 2,000 rubles. Those.in case of self-registration of a donation, a person will pay this duty and a tax of 13% if he donates the gift to not close relatives. Otherwise, the tax is abolished.
