Deed Of Donation Without Land Title In Fulton
Description
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FAQ
Donations and acceptance of real property must be made in a public instrument (should be notarized). The notarized deed of donation qualifies as a public instrument. The donee can accept the donation in the same deed or a separate notarized document, but it must be done while the donor is alive.
Requirements for Deed of Donation in the Philippines Capacity of the Donor and Donee. Both parties must be legally capable to enter into contracts. Written Form. Acceptance by the Donee. Notarization and Witnesses. Required Documents. Donation Taxes. Transfer of Ownership. Conclusion.
Fees typically range from ₱5,000 to ₱50,000, and there may be additional costs related to taxes, notarization, and title transfer. Consulting a lawyer is essential to ensure that the donation is legally compliant and properly documented.
In summary, while a deed of donation does not have an automatic expiration, it can be subject to revocation or invalidity under specific circumstances, primarily due to failure to meet conditions, ingratiude of the donee, or legal limitations.
Donor's Tax: One of the main costs in a Deed of Donation is the donor's tax. Under the current Philippine Tax Code, donations between parents and children are taxed at a flat rate of 6% of the fair market value (FMV) or zonal value of the property, whichever is higher.
Taxpayers may be able to claim a charitable deduction for donating real property, or certain interests in real property that restrict how land or buildings can be used.
The accepted way to record in-kind donations is to set up a separate revenue account but the expense side of the transaction should be recorded in its functional expense account. For example, revenue would be recorded as Gifts In-Kind – Services, and the expense would be recorded as Professional Services.
In summary, while a deed of donation does not have an automatic expiration, it can be subject to revocation or invalidity under specific circumstances, primarily due to failure to meet conditions, ingratiude of the donee, or legal limitations.
It involves drafting key legal paperwork, having your land appraised, finding an eligible land trust or nonprofit to enforce the easement, and consulting with a CPA to maximize your tax deduction. Fortunately, Giving Property specializes in working with donors to make the process as easy as possible.
