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Deed of Donation
"I need a deed of donation for a real estate property valued at $250,000, transferring ownership to a non-profit organization, effective January 1, 2025, with no conditions or encumbrances."
What is a Deed of Donation?
A Deed of Donation is a legal document that formally transfers ownership of property from one person (the donor) to another (the donee) without any payment in return. Under Philippine Civil Law, it must be in writing and notarized to be valid, especially for high-value items like real estate or vehicles.
This deed protects both parties by clearly stating what's being given, when the transfer takes effect, and any conditions attached to the gift. Filipino families often use it for transferring assets to children or charitable institutions, while businesses may use it for corporate giving programs. The donor must sign it while mentally capable and without pressure, making the transfer legally binding and irreversible.
When should you use a Deed of Donation?
Use a Deed of Donation when giving valuable property to family members, charitable institutions, or organizations in the Philippines without expecting payment in return. This formal transfer becomes essential for high-value gifts like real estate, vehicles, or substantial cash amounts where you need clear documentation of the transfer.
The deed proves especially valuable during tax audits, estate planning, or when making corporate charitable contributions. It helps avoid future ownership disputes and ensures tax compliance, particularly for donations exceeding PHP 250,000. Many Filipino families use it for early inheritance transfers, while businesses rely on it to document corporate social responsibility initiatives and claim appropriate tax deductions.
What are the different types of Deed of Donation?
- Deed Of Donation Of A Parcel Of Land: For transferring complete land ownership, requiring detailed property descriptions and boundaries
- Deed Of Donation Portion Of Land: Used when donating only part of a larger property, needing specific measurements and subdivision details
- Deed Of Acceptance Of Donation: Companion document where donee formally acknowledges and accepts the donation's terms
- Deed Of Donation Letter: Simplified format for personal property or smaller value items, maintaining legal validity with less formality
Who should typically use a Deed of Donation?
- Donors: Property owners who wish to give away assets, including individuals transferring family wealth, corporations making charitable donations, or landowners gifting portions of their property
- Donees: Recipients of the donated property, such as family members, charitable institutions, religious organizations, or educational foundations
- Notary Public: Validates the Deed of Donation and ensures proper execution under Philippine law
- Tax Authorities: Review and assess donor's tax obligations based on the donation's value
- Legal Professionals: Draft and review the deed to ensure compliance with Philippine Civil Code requirements and protect both parties' interests
How do you write a Deed of Donation?
- Property Details: Gather complete descriptions, titles, or certificates for the donated property, including exact measurements for land
- Party Information: Collect full legal names, addresses, and valid IDs of both donor and donee
- Valuation Documents: Obtain recent property assessments or appraisals to determine fair market value
- Tax Clearance: Secure proof that property taxes are paid and current
- Special Conditions: List any terms or restrictions attached to the donation
- Witnesses: Arrange for two credible witnesses required under Philippine law
- Notary Schedule: Book an appointment with a notary public for document execution
What should be included in a Deed of Donation?
- Title and Date: Clear identification as a Deed of Donation with execution date
- Party Details: Complete names, addresses, and civil status of donor and donee
- Property Description: Detailed description of donated property, including boundaries and technical specifications
- Transfer Declaration: Clear statement of donor's intent to transfer ownership absolutely and irrevocably
- Consideration: Statement that the transfer is made without monetary consideration
- Acceptance Clause: Explicit acceptance by the donee
- Warranties: Donor's declaration of legal ownership and right to transfer
- Attestation: Notarial acknowledgment and witness signatures
What's the difference between a Deed of Donation and a Deed of Sale?
A Deed of Donation differs significantly from a Deed of Sale in several key aspects under Philippine law. While both transfer property ownership, their fundamental purposes and requirements are distinct.
- Purpose and Consideration: A Deed of Donation transfers property without payment, while a Deed of Sale requires monetary consideration
- Tax Implications: Donations incur donor's tax based on the property's value, while sales are subject to capital gains tax and VAT
- Revocability: Donations can be revoked under specific circumstances like ingratitude, while sales are generally permanent once completed
- Legal Requirements: Donations need acceptance in a public document and more stringent notarial requirements, while sales have simpler formality requirements
- Parties' Obligations: Donors have limited warranties, mainly clear title, while sellers must guarantee against eviction and hidden defects
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