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Gift Deed Form - Essex County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 10/14/2020
Gift Deed Guide - Essex County
Line by line guide explaining every blank on the form.
Included document last updated 10/21/2020
Completed Example of the Gift Deed Document - Essex County
Example of a properly completed form for reference.
Included document last updated 10/9/2020
*The Following Vermont and Essex County supplemental forms are included as a courtesy with your order.
Vermont Disclosure Statement
This form is required to be filed with the local recorder if the property is being divided or partitioned. The form is complete and comes with line-by-line instructions.
Transfer Tax
A required form "Property Transfer Tax" (PTT-172) should be filed online through myVTax, the Department's online filing and paying system. If you file through myVTax, you'll always be using the most current form. If due, the online system will apply the correct tax rate.
Homestead Exemption
If you are a residential property owner in Vermont, you may qualify for a homestead exemption, this could reduce you property taxes significantly.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Including:
Gifting of Real Estate in Vermont
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).
In order for a gift deed to be valid they 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. Vermont recognizes the following types of joint ownership: tenancy in common, joint tenancy, and tenancy by entirety. A grant of ownership of real estate to two or more unmarried persons is presumed to create a tenancy in common, unless otherwise specified in the conveyance. A conveyance to a married couple vests as tenancy by entirety (27 V.S.A. 2, 27 V.S.A. 349). In Vermont, an instrument may create a joint tenancy in which the interests of the joint tenants are equal or unequal (27 V.S.A 2).
As with any conveyance of real estate, a gift deed requires a complete legal description of the parcel. In Vermont, a deed that refers to a survey revised or prepared after July 1, 1988 may be recorded only if it is accompanied by the survey to which it refers, or cites the volume and page in the land records showing where the survey has been previously recorded (27 V.S.A. 341). Recite the source of title to establish a clear chain of title, and detail any restrictions associated with the property. Record the completed deed, and file a copy of Act 250 Disclosure Statement with the Town Clerk, who shall record it in the land records (10 V.S.A. 6007).
The fee for recording a real estate document in Vermont, the fees are $10 per page for all documents recorded. Copies of recorded documents are $1 per page. Certified copies are $1, plus the per page costs (32 V.S.A. 1671).
All deeds conveying property with or without consideration must have a Vermont Property Transfer Tax Return (32 V.S.A. 9602). There is a $10 filing fee for this form. When filling out the Transfer Tax Return form, make sure that section B is accurate and clearly printed. This information provides data needed to update that parcel's owner information for all city departments. Do not send property tax payments with documents to be recorded. Those payments should go directly to the Treasurer's Department (32 V.S.A. 9602).
The grantor is responsible for paying the Federal Gift Tax. 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 if a gift is valued below $15,000, a federal gift tax return (Form 709) does not need to be filed. However, if the gift is something that could possibly be disputed by the IRS -- such as real property -- a grantor may benefit from filing a Form 709 [2].
In Vermont, there is no state gift tax. For questions regarding state taxation laws, consult a tax specialist. Gifts of real property in Vermont 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 Essex 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 Essex County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
4.8 out of 5 (1976 Reviews) October 22nd, 2020
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Review: 5stars for prompt and fast! Website needs work. Hard to navigate for first time users and hard to find where to pay. Emails are more clear than the "message center". Not sure what happened to my other documents, lol
Reply from Staff on October 22nd, 2020
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October 22nd, 2020
Name: Robert P.
Review: Excellent product. Wish I had found this site a week earlier. It would have saved me many hours of struggle and $40.00 in notary fees. Thanks and I will recommend to anyone needing forms.
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October 21st, 2020
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Review: Loved it! Quick and easy, done in 24 hours.
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October 21st, 2020
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Review: Deed.com was easy to work with, not just a website, they have real people that speak to you. They were extremely helpful with a VERY difficult Northeast county. They made the process smooth and effortless.
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October 21st, 2020
Name: Jonny C.
Review: Easy and fast
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October 21st, 2020
Name: Sylvia B.
Review: What a wonderful resource! Forms are so easy to use, made the process a breeze. Deeds even helped with the recording. Thank you.
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October 20th, 2020
Name: Elizabeth P.
Review: Perfect quitclaim form. Easy to fill in with the required information and all the required information has a place (no easy feat in our county!). It is helpful that they include exhibit pages for larger blocks of information (our legal is 2 pages long). Great job folks!
Reply from Staff on October 20th, 2020
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October 20th, 2020
Name: David S.
Review: I downloaded the quit claim deed form and saved it on my computer. I opened it with Adobe and filled it out. The space for the legal description was too small (2 lines only) which did not allow enough room for the long property description that I had.
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October 20th, 2020
Name: Jaime H.
Review: quick and easy
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October 20th, 2020
Name: Ken C.
Review: I did a Beneficiary Deed, package came with all forms and instructions. Recorder accepted first time. Ken C
Reply from Staff on October 20th, 2020
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