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Gift Deed Form - Garvin County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 2/19/2021
Gift Deed Guide - Garvin County
Line by line guide explaining every blank on the form.
Included document last updated 1/25/2021
Completed Example of the Gift Deed Document - Garvin County
Example of a properly completed form for reference.
Included document last updated 11/20/2020
*The Following Oklahoma and Garvin County supplemental forms are included as a courtesy with your order.
Affidavit - Documentary Stamp Tax
If purchase price or exemption number are not stated on the deed, this affidavit must be submitted to determine stamp tax or document exemption.
Documentary Stamp Tax Exemptions
This informational document excerpts relevant sections of the statutes and lists Oklahoma's transfer tax exemptions with explanations.
Documentary Stamp Tax Reference
This document answers any questions regarding Oklahoma Documentary Stamp Tax. It also contains a list of statutory exemptions (pp. 3-5).
Homestead Exemption
A homestead exemption is an exemption of $1,000 of the assessed valuation of the homestead property. Homestead exemption is granted to the homeowner who resides in the property on a permanent basis on January 1.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Including:
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. A gift deed 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 includes 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 Oklahoma residential property, the primary methods for holding title are tenancy in common, joint tenancy, and tenancy by entirety. A grant of ownership of real estate to two or more persons is presumed to create a tenancy in common, unless the conveyance specifically and expressly creates a joint tenancy or tenancy by entirety (60 O.S. 74).
As with any conveyance of real estate, a gift deed requires a complete legal description of the parcel. In Oklahoma, the legal description must provide the information necessary for indexing as required by Section 287 and 291 of Title 19 O.S. (addition, block & lot, section, township & range, and metes & bounds if necessary for the location). Recite the source of title to establish a clear chain of title, and detail any restrictions associated with the property. For any questions regarding a transfer of property affecting Indian Land, refer to the Bureau of Indian Affairs, and contact a lawyer. Record the completed deed at the local County Clerk's office.
In Oklahoma, gift deeds between any persons related within the second degree of consanguinity , without actual consideration, are exempt from the Documentary Stamp tax and must include the following phrase below the title of the document: Exempt Documentary Stamp Tax O.S. Title 68, Article 32 Section 3202, Paragraph 4.
The IRS implements 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. 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].
In Oklahoma, there is no state gift tax. When a transfer is by gift, no tax withholding is required either [3]. For questions regarding state taxation laws, consult a tax specialist. Gifts of real property in Oklahoma are, however, subject to the federal gift tax. 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 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 Garvin 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 Garvin 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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