The donation is a transfer of assets to free titleIn fact, whoever grants the good does not expect any compensation and whoever receives it does not have to pay a price. However, there are still costs to bear when contacting a notary, which include taxes due on the donation and theprofessional’s fee. Considering that in some cases the notarial deed of donation is mandatory and the expenses are borne by the donee (i.e. the person receiving the goods subject to the donation), it is important to have a preventive idea of the expense. Here’s how much – on average – the cost of a deed of donation from the notary for immovable and movable property.
How much does a donation from the notary cost?
As anticipated, the cost for a deed of gift from the notary it is made up of taxes and the professional’s fee. The former are easily predictable, because they are calculated in the precise manner established by law. The fee, however, is established by the notary, who can set his own fees in a rather discretionary way.
The cost, however, largely depends on the value of the donation and from complexity of the necessary documents, without forgetting any consultancy. Even though the fee is freely agreeable However, there are differences between the parties notary fee tables which can help evaluate the quote, but are not strictly binding. The notary, in fact, can increase or decrease the fee within wide margins.
This is why very often the actual fee of professionals is lower than what is foreseen in the tables and takes into account relevant elements chosen by the notary himself. Many, for example, are asking for a reduced time for donations relating to the first house (from 1,500 euros) and offer a higher fee for other properties, especially luxury ones, even exceeding 5,000 euros.
Please remember that these are purely indicative amounts, it is therefore important to evaluate the preventivewhich the professional is obliged to provide in written form. In any case, the notary’s fee is usually a minimal portion of the entire expense for the deed of gift, which is particularly affected by taxes.
The costs of donating real estate
For the donation of real estate, a fee is due8% donation tax of the value of the donated property, unless there are family relationships or specific conditions between the parties. The law, in fact, provides a precise system of rates and exemptions to facilitate transfers between certain subjects. In detail, the tax is equal to:
- 4% with an exemption of 1,000,000 euros (the tax is calculated on the value exceeding this figure) if the donee is the spouse o one relative to the straight line (such as a parent or child);
- 6% with a deductible of 100,000 euros if the donee is a Brother or one sister;
- 6% – without deductible – if the donee is a relative within fourth degree, affine in a straight line (fathers-in-law, sons-in-law and daughters-in-law) o affine in collateral line by third grade (brothers-in-law, nephews and uncles of the spouse);
- 8% for all other cases, considering that if the donee has a grave handicap recognized by law, a deductible of 1,500,000 euros applies.
It follows that there are no calculation limits for the tax, which can be zero or very high depending on the value of the asset and the family relationship with the donor.
In addition to the gift tax, to receive real estate you will also need to pay:
- the stamp duty from 230 euro;
- the registration tax equal to 200 euro;
- the mortgage tax equal to 2% of the value of the property;
- the cadastral tax of1% on the value of the property.
Please note, however, that for “first home” donations the mortgage tax and the cadastral tax are due in the fixed amount of 200 euros each. If the exemptions provided for the gift tax apply, you are exempt from paying the registration tax.
The costs of donations of movable property
Very often donations of movable property (for which a notarial deed is obligatory only when the modest value is exceeded) have a low cost, since it is due only the gift tax and it is more likely that the value is not very high. Furthermore, if the donations concern some assets identified by law, it is also exempt from gift tax. This principle applies to transfers of:
- vehicles registered with Pra;
- money aimed at wedding expenses, education, upbringing, clothing and maintenance;
- companiescompany branches, company shares, shares between spouses and between parents and children.
Donations between separated or divorced spouses
The law provides an exception to the gift tax calculation system, regarding: transfers between ex-spouses. The latter, after separation or even after divorce, can regulate property relations through donations without any taxation. It does not matter how much time has passed since the separation or divorce, as long as it is aimed at resolving the crisis.
The tax authorities can carry out checks, but to contest the non-taxation they must prove the evasive intent (for example in the case of reconciliation).
2024-02-18 17:48:00
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