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Gift Deed Form - Clearwater County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 9/4/2020
Gift Deed Guide - Clearwater County
Line by line guide explaining every blank on the form.
Included document last updated 9/14/2020
Completed Example of the Gift Deed Document - Clearwater County
Example of a properly completed form for reference.
Included document last updated 9/4/2020
*The Following Minnesota and Clearwater County supplemental forms are included as a courtesy with your order.
Certificate of Real Estate Value
Buyers of real property must file this form if its sale price (or other consideration) is more than $3,000. Effective October 1, 2014, the Minnesota Department of Revenue will no longer accept the paper Certificate of Real Estate Value (CRV). Instead, the e-CRV is being implemented as an electronic replacement to the four-part paper CRV form. Transfer documents almost all require the electronic CRV and, if submitted with a paper CRV, will be rejected and required to be resubmitted with an e-CRV. Please consult the guidelines posted here for a specific list of documents. To submit the e-CRV, visit this url: https://www.revenue.state.mn.us/electronic-certificate-real-estate-value-ecrv
Deed Tax
Form 1 may be used to document your claim for an exempt or minimum tax transfer. This form lists 27 transfer tax exemptions. Form 2 is used if transfer tax is due and must be submitted within 30 days. Note: In the absence of a qualifying reason, deed tax must be based on at least the fair market value of the property being conveyed. The “full” deed tax rate is .0033 (.0034 for Hennepin and Ramsey counties).
Mortgage Registry Tax
Form MRT1 may be used to document your claim for an exemption from mortgage tax or the basis of your tax. The mortgage registry tax rate is .0023 of the amount of the debt being secured (.0024 for Hennepin and Ramsey counties).
Well Disclosure Certificate
Prior to signing an agreement to sell or transfer real property, the seller must always disclose in writing the location and status of all wells on the property to the buyer, along with the legal description and county of the property, and a sketch map showing the location of each well or indicate there are no wells on the property. This form comes with instructions. If there is no well, this form does not need to be completed.
Well Disclosure of Grantee in Deed
A form for the grantee (buyer) to acknowledge if there is a well on the property. This form can only be recorded as attachment to the deed.
Affidavit Regarding Seller by Individual(s)
This affidavit must be signed and notarized and may be needed if the seller(s) must declare certain facts about the property that is being conveyed.
Affidavit Regarding Purchaser by Individual(s)
This affidavit must be signed and notarized and may be needed for the purchaser to state knowledge of certain facts regarding the property.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Including:
Gifting Real Estate (Real Property) in Minnesota
A gift deed, or deed of gift, is a legal document voluntarily transferring title to real property from one party (the grantor or donor) to another (the grantee or donee). A gift deed typically transfers real property between family or close friends. Gift deeds are also used to donate to a non-profit organization or charity. The deed serves as proof that the transfer is indeed a gift and without consideration (any conditions or form of compensation).
Valid deeds must meet the following requirements: The grantor must intend to make a present gift of the property, the grantor must deliver the property to the grantee, and the grantee must accept the gift. Gift deeds must contain language that explicitly states no consideration is expected or required, because any ambiguity or reference to consideration can make the deed contestable in court. A promise to transfer ownership in the future is not a gift, and any deed that does not immediately transfer the interest in the property, or meet any of the aforementioned requirements, can be revoked [1].
A lawful gift deed must also include the grantor's full name and marital status, as well as the grantee's full name, marital status, mailing address, telephone number and vesting. Vesting describes how the grantee holds title to the property. For Minnesota residential property, the primary methods for holding title are tenancy in common and joint tenancy. A conveyance to two or more persons is presumed to create a tenancy in common, unless a joint tenancy is specifically created (Minn. Stat. Ann. 500.19(2)).
As with any conveyance of real estate, a gift deed requires a complete legal description of the parcel. Include all relevant documents, affidavits, forms, and fees with the along with the deed for recording as well. When claiming a minimum deed tax or an exemption, include Deed Tax Form 1 (287.21). If there is a well on the property, include a Well Disclosure Certificate, or applicable e-certificate number (103I.235). An Affidavit Regarding Seller by Individual(s) and an Affidavit Regarding Purchaser by Individual(s) must also be signed and notarized. Record the completed deed at the local County Recorder's office.
The IRS levies a Federal Gift Tax on any transfer of property from one individual to another with no consideration, or consideration that is less than the full market value. Gifts of real property in Minnesota are subject to this federal gift tax. 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, grantors should consider filing one for many gifts of real property [2]. The grantor is responsible for paying the federal gift tax; however, if the grantor does not pay the gift tax, the grantee will be held liable [1].
In Minnesota, there is no state gift tax. For questions regarding tax laws, consult a tax specialist.
With gifts of real property, the recipient of the gift (grantee) is not required to declare the amount of the gift as income, but if the property accrues income after the transaction, the recipient is responsible for paying the requisite state and federal income taxes [3].
This article is provided for informational purposes only and is not a substitute for the advice of an attorney. Contact a lawyer with any questions about gift deeds or other issues related to the transfer of real property. For questions regarding federal and state taxation laws, consult a tax specialist.
[1]https://nationalparalegal.edu/public_documents/courseware_asp_files/realProperty/PersonalProperty/InterVivosGifts.asp
[2] http://msuextension.org/publications/FamilyFinancialManagement/MT199105HR.pdf
[3] https://www.irs.gov/businesses/small-businesses-self-employed/frequently-asked-questions-on-gift-taxes
Get your Clearwater 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.
The documents you receive here will meet, or exceed, the Clearwater County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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