Can you donate car seats? Absolutely yes. Car seat donation or anything else is a real contract. And The method to be used if a subject (called “donee”): wants to donate money , goods in kind or, as mentioned car seats. On the other hand, the recipient of the donation must not pay anything to the donor. To help one’s children, to anticipate the transmission of one’s assets, in whole or in part, before one’s death, to make a gift to a friend, to reward the person who has given us a service or a favour, to participate in the achievement of a charity objective. Those who want all this can do it through donation: the spirit of the donation is actually the desire or opportunity to give something to people linked to us by affection or friendship.
How the donation works
The object of donation can be: money, shares, company shares, financial instruments (such as units in a mutual fund), movable property (a painting, a statue, a piece of furniture) or real estate: land and buildings, or a car and so on. With a donation, the donor can also be obliged to pay the donor a periodic benefit, such as a life annuity. In the case of a donation of movable property, the value of the movable property must be indicated. The recipient of the donation must declare that he accepts the gift. In practice, you cannot donate anything without the consent of the recipient.
The donation is a very important act, since it involves the decrease of the donor’s assets and the consequent increase of the recipient’s assets. It is therefore necessary for the donor to think well about his gesture and to get appropriate advice: once stipulated, in fact, the donation is irrevocable. Therefore, the appropriateness of a donation must be analysed on a case-by-case basis, bearing in mind various elements of evaluation: for example, the donor’s assets, his family situation, tax aspects and any advantages and disadvantages of such an act. Precisely because of its intrinsic importance, the law requires that the donation – unless the donated good is of modest value – always requires the presence of a notary and two witnesses and must be drawn up on public record.
As mentioned, the donation requires the assistance of a notary public. Therefore, the will of the donor to make the donation and the will of the donee to accept it must be consecrated in a public notarial act in the presence of two witnesses. However, the form of the public act is not required in the “manual donation“, that is, the donation of a mobile thing of “modest value”. A “modest” value is understood to be no higher than that of a gift that is ordinarily given to a loved one on the occasion of a particular anniversary. The “modest value” is however also commensurate with the economic conditions of the donor. Therefore, donations that do not significantly affect the wealth of the donor are considered modest. In short, the more comfortable your conditions are, the greater the value of the gifts that can be made.
As said, the donation, once made, is irrevocable. Otherwise, it could be revoked if both parties agree. However, there is an exception: the donor can ask the civil court to revoke the donation already made in case of ingratitude of the donor (which happens when the donor has committed serious crimes against the donor and his relatives) or due to the occurrence of children (think, for example, the case of Guy who, not having had children, gives the only home to his nephew, son of the sister, but then, in the last resort, manages to have a child and then prefers to leave the property to the latter). This means that, with the exception of these cases, once you choose to donate, you can no longer go back.
Taxation: To date, the donation is subject to the following taxation:
1. if it is made between spouses or relatives in a straight line, the rate of 4 per cent is applied to the part of the value of the donated goods that exceeds the deductible of 1 million dollars (for example, if “X “gives his son “Y” a sum of money worth 1 million 300 thousand dollars, the tax is 12 thousand dollars and that is 4 per cent of 300 thousand dollars, as for 1 million dollars there is no taxation);
2. if the donation is made between brothers and sisters, the rate of 6 per cent is applied to the part of the value of the goods donated that exceeds the franchise of 100 thousand dollars (for example, if “XX” gives his brother “YY” a sum of money worth 500 thousand dollars, the tax is 24 thousand dollars and that is 6 per cent of 400 thousand dollars, because for 100 thousand dollars there is no taxation);
3. if the donation is made between cousins, between one spouse and the parents or siblings or grandchildren of the other spouse, the rate of 6 percent applies, without any deductible;
4. if the donation is made between parties other than those listed above (for example, between two unmarried partners), the rate of 8 per cent applies, without any deductible.
It should also be remembered that if the donee suffers from a serious handicap, the donation in his favour does not pay taxes (whatever the relationship between donor and donee) up to the threshold of 1.5 million dollars. These rates must be applied to the value of the donated assets, with the caveat, however, that real estate must be considered only for the cadastral value (that which is obtained by multiplying the cadastral income by a given coefficient of updating). To this value, however, it is necessary to apply the rates of 1 per cent (for cadastral tax) and 2 per cent (for mortgage tax); however, these two taxes are due in the fixed amount of $ 200 if the donee requests the “first home” benefit.
What changes from 2014
In 2014, fixed mortgage and cadastral taxes due for the donation of a first home increased from 168 to 200 dollars.