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All Brevard County specific forms and documents listed below are included in your immediate download package:
The Following Florida and Brevard County supplemental forms are included as a courtesy with your order.
Cover Page (Florida Document)
Transfer/Stamp Tax Reference Sheet (Florida Document)
Transfer/Stamp Tax Reference Sheet 2 (Florida Document)
Transfer Tax Exemption Statement (Florida Document)
Tax Form for Registered Taxpayers / DR-225 (Florida Document)
Tax Form for Non-registered Taxpayers / DR-228 (Florida Document)
Florida Statute 196.031 Exemption of homesteads (Florida Document)
Homestead Application (Florida Document)
Required Documentation (Florida Document)
Adjusted Gross Income (Florida Document)
Including:
Gift deeds convey title to real property from one party to another with no exchange of consideration, monetary or otherwise. Often used to transfer property between family members or to gift property as a charitable act or donation, these conveyances occur during the grantor's lifetime. Gift deeds must contain language that explicitly states that no consideration is expected or required. Ambiguous language, or references to any type of consideration, can make the gift deed contestable in court.
A lawful gift deed includes the grantor's full name and marital status, as well as the grantee's full name, marital status, vesting information, and mailing address. Vesting describes how the grantee holds title to the property. Generally, real property is owned in either sole ownership or co-ownership. For Florida residential property, the primary methods for holding title are tenancy in common, joint tenancy, and tenancy by the entirety. An estate conveyed to two or more people is presumed to be a tenancy in common, unless otherwise specified (Fla. Stat. 689.15).
As with any conveyance of realty, a gift deed requires a complete legal description of the parcel. Recite the source of title to maintain a clear chain of title, and detail any restrictions associated with the property. Each grantor must sign the deed in the presence of a notary public for a valid transfer.
In Florida, certain counties may require a recording cover sheet and/or a Declaration of Domicile. Contact the appropriate county clerk and recorder to verify additional requirements before recording. All signatures must be original. Record the completed gift deed, along with additional materials, with the county clerk and recorder's office where the subject property is located. Contact the same office to confirm recording fees and accepted forms of payment.
With gifts of real property, the recipient of the gift (grantee or donee) is not required to declare the amount of the gift as income, but if the property accrues income after the transaction, the grantee is responsible for paying the requisite state and federal income tax [1].
In Florida, there is no state gift tax. Gifts of real property in Florida are, however, subject to the federal gift tax. The person or entity making the gift (grantor or donor) is responsible for paying the federal gift tax; however, if the donor does not pay the gift tax, the donee (grantee) will be held liable [1]. For questions regarding state tax laws, consult a tax specialist.
In accordance with federal law, individuals are permitted an annual exclusion of $15,000 on gifts. This means that gifts valued below $15,000 do not require a federal gift tax return (Form 709). Even so, donors should consider filing one for many gifts of real property [2].
This article is provided for informational purposes only and is not a substitute for the advice of an attorney. Contact a Florida lawyer with any questions about gift deeds or other issues related to the transfer of real property.
[1] http://msuextension.org/publications/FamilyFinancialManagement/MT199105HR.pdf
[2] https://www.irs.gov/businesses/small-businesses-self-employed/frequently-asked-questions-on-gift-taxes
The documents you receive here will meet, or exceed, the Brevard County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Get your Brevard County Gift Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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