What to fill in the specifications of the donated house, and the conditions of the gift of the house

Donor: Donee:

The donor shall donate his house to the donee, and this contract shall be signed by both parties through consultation to clarify the rights and obligations of both parties.

Article 1 The condition of the donated house.

The house is located in the house specifications.

Area of the house Note: The house has been rented to the name on the date.

Article 2 Obligations of the donee.

The donee shall not terminate the lease contract unless the donee takes the initiative to terminate the lease contract when he obtains the ownership of the donated house.

Article 3 Delivery of donated houses.

The donor and the donee shall go to the real estate department to go through the property rights transfer procedures together.

Article 4 Modification and Termination of Contract.

When the donated house has not yet been delivered, the donor's financial situation has deteriorated significantly, and the contract can be changed or terminated. However, the donee may be appropriately compensated for the economic losses caused by believing in the donor's gift.

Article 5 Revocation of Gifts.

If the donee has any of the following circumstances, the donor may revoke the gift:

1) The donee does not perform the obligations agreed in the gift contract.

2) Seriously infringing on the donor or the donor's close relatives.

Article 6 Dispute Resolution.

All disputes related to this contract shall be settled by the parties through negotiation first. If the negotiation fails, either party may apply to the arbitral tribunal for arbitration.

Article 7 Supplement to the Contract.

If there are any matters not covered in this contract, they shall be in accordance with the Contract Law of the People's Republic of China and relevant regulations, and the supplementary provisions shall be made by consensus of both parties to the contract, and the supplementary provisions shall have the same effect as this contract.

Article 8 The original of this contract shall be in duplicate, and both parties shall hold one copy.

Donor: Donee:

Place of signing:

Legal analysis: Housing donation refers to the act of transferring real estate to others free of charge, and the gift shall not endanger the public interest and damage the legitimate rights and interests of others. The conditions for the gift of the house are as follows: 1. The donor is the owner of the real estate and has the capacity for civil conduct;

2. The property has legal ownership certificates, and there is no property rights dispute;

3. Both parties to the donor are voluntary and have a written agreement;

4. The real estate gift must be transferred to the property right and pay the tax according to the regulations;

5. It is not necessary to give gifts in order to evade legal obligations or regulations, such as debts.

Legal basis: Article 657 of the Civil Code of the People's Republic of China A gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift.

The gift of a home must comply with the following requirements:

The donor is the owner of the property right of the house and must have full capacity for civil conduct.

The gift must have a legal ownership certificate, and there is no property rights dispute.

The donor and the recipient are voluntary, write the gift agreement, and notarize it.

Gifts must be registered with the real estate management authority and the property rights transfer procedures must be carried out.

The recipient shall pay taxes and fees in accordance with the relevant regulations.

Gifts must not be set up to evade obligations that should be performed, such as debt performance, labor remuneration, etc., nor are gifts set up to circumvent laws and regulations, such as taxes and fees. Housing donations must not endanger the public interest and harm the legitimate rights and interests of others.

If the application for transfer of a house gift is made, the applicant is both parties to the gift contract. The following requirements must be provided: the application for registration of the transfer of house ownership, the applicant's identity certificate, the house ownership certificate, the gift contract notarized by a notary public, and the deed tax payment certificate.

The necessary conditions for the gift of the house are as follows: 1. There is a gift agreement between the donor and the donee, and the donor has full civil capacity to enter into the gift agreement, and it is an expression of true intention. 2. The donated house is the legal income of the donor, and there is a relevant certificate of housing ownership.

[Legal basis].

Article 1143 of the Civil Code A will made by a person who lacks or has limited capacity for civil conduct is invalid. The will must express the true intention of the testator, and the will made by fraud or coercion is invalid. A forged will is invalid.

If the will is tampered with, the tampered content is invalid. Article 1144:Where there are obligations attached to testamentary succession or bequest, the heirs or legatees shall perform the obligations. If they fail to perform their obligations without a legitimate reason, the people's court may cancel their right to accept part of the inheritance with obligations upon request of the interested parties or relevant organizations.

Housing donation is to go through the formalities, to prepare the corresponding information, housing donation is divided into immediate family gifts and non-immediate family gifts. 1. What information is required for house donation? (1) Gifts to immediate family members refer to spouses, parents, children, grandparents, grandchildren, maternal grandchildren, and siblings.

1. Real estate certificate and land certificate or real estate property certificate 2, the identity document of the donor and the identity document of the donee 3, the notarial certificate of gift or the gift contract and the certificate of kinship (2) It is very easy to distinguish between non-immediate family members and non-immediate family members, and people outside the immediate family, such as ordinary relatives and friends. 1. Real estate certificate and land certificate or real estate property certificate 2, the identity document of the donor and the identity document of the donee 3, the notarial certificate of gift or the gift contract 4, and the file check information.

2. What is the housing donation process? The gift transfer and the normal buying and selling process are the same, the first is to go to the tax window to verify the tax, that is, to calculate the taxes that need to be paid, and then to hand over the documents, that is, to hand over the information required for the gift to the relevant window, and finally to pay taxes and collect evidence, after the delivery, it is generally necessary to go home and wait for a few working days, and then pay the tax after the specified time, and then go to the evidence collection window to receive the real estate property certificate. 3. What is the tax fee for the transfer of house gift?

1) The transfer between immediate family members and immediate family members is exempt from value-added tax and personal income tax, and only the deed tax needs to be paid, but the deed tax does not enjoy preferential treatment, and the deed tax rate is 3%.The registration fee for residential property rights is 80 yuan, and the registration fee for non-residential property rights is 550 yuan. (2) Gifts from non-immediate family members to non-immediate family members need to pay 3% deed tax, 20% personal income tax, value-added tax, as well as a residential property right certificate registration fee of 80 yuan, and a non-residential property right registration fee of 550 yuan.

The house is exempt from VAT for two years.

Article 16 of the Provisional Regulations on the Registration of Immovable Property The applicant shall submit the following materials and be responsible for the authenticity of the application materials: (1) Application for registration; (2) The identity materials of the applicant and the ** person, and the power of attorney; (3) Relevant real estate ownership certificates, registration reason certificates, and real estate ownership certificates; (4) immovable property boundaries, spatial boundaries, areas and other materials; (5) Explanatory materials on the interests of others; (6) Other materials provided for by laws, administrative regulations, and detailed rules for the implementation of these Regulations. Article 211 of the Civil Code: When a party applies for registration, it shall provide necessary materials such as proof of ownership and the boundary address and area of the immovable property according to different registration items.

Housing donation refers to the act of transferring real estate to others free of charge, and the gift shall not endanger the public interest and damage the legitimate rights and interests of others. The conditions for the gift of the house are as follows: 1. The donor is the owner of the property and has the capacity for civil conduct; 2. The property has legal ownership certificates, and there is no property rights dispute; 3. Both parties to the donor are voluntary and have a written agreement; 4. The gift of Qinyin real estate must be transferred to pay taxes and fees according to the regulations.

1. The conditions for inheritance of real estate are as follows:

1. Inheritance must begin after the death of the decedent;

2. The person who inherits the estate must be the legal heir of the decedent;

3. It must be the legal property owned by the deceased during his lifetime or other legal property rights and interests that can be inherited according to law.

2. The difference between inheritance and gift of real estate is generally as follows:

1. The time when the inheritance and gift of real estate occur are different;

2. The subjects who receive property are different, and the subjects of inheritance are spouses, parents, and children. If there is no first-order heir, the second-order heir of the siblings, grandparents, and maternal grandparents shall enjoy the rights, or the heirs designated by the will of the heirs.

3. The subject of the gift is any donee voluntarily appointed by the donor, and the applicable tax regulations are different.

Legal basis: Article 209 of the Civil Code of the People's Republic of China The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, except as otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Legal analysis: 1. Must be the owner of the property right of the house and have full civil capacity;

2. The donated house must have a legal ownership certificate and no property rights disputes;

3. The donor and the recipient are voluntary, have a written gift agreement and contract, and handle notarization;

4. The house donation must be registered and reviewed by the real estate management authority, and the property right transfer procedures must be handled;

5. The recipient must pay taxes and fees in accordance with the relevant regulations.

The parties to the gift of the house shall enter into a written contract.

A gift agreement refers to the act of the donor giving away all his belongings, cash pension or certain rights to others. A gift agreement is usually a unilateral contract, that is, after the contract comes into effect, the donor has the obligation to hand over the gift to the donee without any rights; The donee has the right to receive the gift but does not assume the obligation. Gifts can also be conditional, that is, the donor requires the donee to perform a certain obligation, and the donee has the right to revoke the gift if the donee fails to perform the obligation.

However, such conditions are generally unrelated to the interests of the donor, and are not required to be gifted for compensation. If something is given to another person and a certain amount of money is requested, it is not a gift-and-deficiency relationship. Therefore, a conditional gift is still a one-way act.

Legal basis: Civil Code of the People's Republic of China

Article 657:A gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift.

Article 985:Where the gainer obtains improper benefits without a legal basis, the person who suffers losses may request that the gainers return the benefits obtained, except in any of the following circumstances: (1) payments made for the performance of moral obligations; (2) the repayment of debts before they become due; (3) Repayment of debts knowing that there is no obligation to pay.