Deeds.com Real Estate Deeds
Deeds.com Account
Sign In

New Hampshire Gift Deed

New Hampshire Gift Deed Information

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, and vesting. Vesting describes how the grantee holds title to the property. For New Hampshire residential property, the primary methods for holding title are tenancy in common and joint tenancy. A grant of ownership of real estate to two or more persons is presumed to create a tenancy in common, unless a joint tenancy is expressly stated (RSA 477:18).

As with any conveyance of real estate, a gift deed requires a complete legal description of the parcel. Recite the source of title to establish a clear chain of title, and detail any restrictions associated with the property. A Real Estate Transfer Tax Declaration of Consideration must be filed for both the grantor and grantee (RSA 78-B:1). Contact a tax specialist to determine the appropriate version of the form. The grantee must file an original Form PA-34, Inventory of Property Transfer, with the Department of Revenue Administration within 30 days of recording of the deed, and also file a copy of the PA-34 with the local assessing official of the municipality where the property is located (RSA 74:18). Record the completed deed at the local County Registry of Deed'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 New Hampshire are subject to this federal gift tax, but the state does not require an additional 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].

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 tax 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

Deeds.com New Hampshire Gift Deed Forms Have Been Updated as Recently as Tuesday July 26, 2022

4.8 out of 5 (3646 Reviews)

What others like you are saying:


Leonard N. said: Nice and clear. Can't wait to process the completed documents at the Recorder's Office

Reply from Staff: Thank you!


Rocio G. said: Better than in person service, I recommend this service 100%.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Anne G. said: I used deeds.com's services for the first time while the Stay at Home Order is in effect and found it to be very user friendly and seamless. I am very impressed.

Reply from Staff: Thank you Anne, glad we could help.


Melody P. said: Thanks for such great service!

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Bonnie C. said: User friendly an FAST to access and use! Highly recommended.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Pamela F. said: Very easy to use and had my forms paid for and downloaded very quickly.

Reply from Staff: Thank you for your feedback Pamela. Have a fantastic day!


Deeds.com Real Estate Deeds

Use of Deeds.com Legal Forms. On our Site we make available for use self-help "fill in the blank" forms. If you use a form on our Site, you explicitly agree to our Terms of Use. You understand and agree that your purchase and/or use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs, not guaranteed or warranted to be current, up to date, or accurate.

NO WARRANTY. Do It Yourself Legal Forms available on our Website are not guaranteed to be usable, correct, up to date, or fit for any legal purpose. Use of any Do It Yourself Legal Form from our website is done so AT YOUR OWN RISK.

If you use any Do It Yourself Legal Form available on Deeds.com, you agree that: TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE LEGAL FORMS OR FOR ANY INFORMATION OR SERVICES PROVIDED TO YOU THROUGH THE DEEDS.COM WEBSITE. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, OUR SOLE OBLIGATION TO YOU FOR DAMAGES WILL BE LIMITED TO $100.00.

Nothing on this website should be considered a substitute for the advice of an attorney.

© DEEDS.COM INC. 1997 - 2022 ALL RIGHTS RESERVED | (330) 606-0119 | P.O. Box 5264, Fairlawn, OH 44334