# Gift agreement in Georgia — gifting a flat or a share Within families, property often passes by gift — from parent to child or between spouses. A gift is simple, but it has its own rules and risks. We draft gift agreements and check whether another route — a will or a sale — would be better. - Confidential - Georgian · English · Russian - Free first consultation - Courts of all instances Under a gift agreement the donor transfers property free of charge to the recipient, with the recipient's consent (Civil Code, Article 524). A gift of movable property takes effect on handover; a gift of real estate — on registration at the Public Registry (Article 525). A promise of a gift is binding only if made in writing. You may not gift property if it deprives you or your dependants of the means to live (Article 526). ## What to know - A gift can be made subject to a condition or purpose — if the recipient doesn't meet it, the donor can withdraw - A gift can be revoked if the recipient seriously insults or shows gross ingratitude to the donor or a close relative — within 1 year of the donor learning of it - If the donor falls into hardship, they can ask for the gift back, provided this doesn't put the recipient into hardship - Gifted property may be counted towards an heir's share on inheritance ## Tax First- and second-order relatives — children, spouse, parents, siblings — pay no tax on property received as a gift. Third- and fourth-order relatives are exempt up to GEL 150,000 a year; otherwise the value is taxed as income at 20%. ## Gift or will? With a gift, the property passes now and the donor no longer owns it. With a will, it passes only after death and the will can be changed at any time. Which is better depends on your goal. ## Common mistakes - Signing a sale instead of a gift — or the other way round - Giving away property so the donor is left with nowhere to live - Gifting without a co-owner's or spouse's consent ## Will a template do? A template is written for a general case and doesn't reflect your risks — often it lacks exactly the clause you'll need in a dispute. It's better to fit the contract to your deal. We draft the contract or review the other side's text before you sign. ## Our services - Gift agreements for a flat, house or land - Gifting a company share or stock - Conditional gifts — for example, keeping the donor's right to live there - Tax assessment before the gift - Registration at the Public Registry - Revoking or challenging a gift ## Questions & answers ### When does the flat pass to the recipient? From registration at the Public Registry. ### Can a gift be taken back? Only in cases set by law — for example, gross ingratitude by the recipient (within 1 year) or if the donor falls into hardship. ### Is there tax on gifting a flat to my child? No. Gifts between first- and second-order relatives are not taxed. ### Can I use a template from the internet? You can, but a template is written for a general case and often lacks exactly the clause you'll need in a dispute. It's better to fit the contract to your deal or have a lawyer review it before you sign. ## Legal basis - [Civil Code of Georgia](https://matsne.gov.ge/ka/document/view/31702) - [Tax Code of Georgia](https://matsne.gov.ge/ka/document/view/1043717) Official texts (in Georgian) — Legislative Herald of Georgia, matsne.gov.ge. ## Related topics - [#Property](https://mmlaw.ge/en/real-estate-lawyer/) - [#Family & children](https://mmlaw.ge/en/family-lawyer/) - - [Dividing marital property in a Georgian divorce](https://mmlaw.ge/en/marital-property-division/) - - [Gambling debts](https://mmlaw.ge/en/gambling-debts-georgia/) - - [Real estate lawyer](https://mmlaw.ge/en/real-estate-lawyer/) - - [Inheritance lawyer](https://mmlaw.ge/en/inheritance-lawyer/) - - [Legal help for Georgians living abroad](https://mmlaw.ge/en/georgians-abroad/) - - [Buying an apartment in Georgia: what to check](https://mmlaw.ge/en/blog/buying-an-apartment-checklist/) - - [Wills](https://mmlaw.ge/en/wills-in-georgia/) - - [Living in a flat for a lump sum (girao)](https://mmlaw.ge/en/girao-apartment-lump-sum-georgia/) Practice areas ## Other practice areas - [Criminal defense](https://mmlaw.ge/en/criminal-defense-lawyer/) — Defense at every stage — from investigation and arrest to trial and appeal. - [Drug offences](https://mmlaw.ge/en/drug-crime-lawyer/) — Defence in cases of buying, possessing, selling and importing drugs — and against fines and administrative detention. - [Cybercrime](https://mmlaw.ge/en/cybercrime-lawyer/) — Defense in cybercrime cases and help for victims of online fraud, hacked accounts and blackmail. - [Property crimes](https://mmlaw.ge/en/property-crime-lawyer/) — Defence in theft, robbery, fraud, extortion, embezzlement and misappropriation cases. - [Economic crimes](https://mmlaw.ge/en/economic-crime-lawyer/) — Defence against tax evasion, money laundering, customs and other economic charges. - [Corruption and official crimes](https://mmlaw.ge/en/corruption-crime-lawyer/) — Defence in bribery, trading in influence and abuse of official power cases. - [Violent crimes](https://mmlaw.ge/en/violent-crime-lawyer/) — Defence in assault, bodily injury, threats and homicide cases — including self-defence. - [Juvenile justice](https://mmlaw.ge/en/juvenile-justice-lawyer/) — Specialised representation of minors, focused on their rights and future. - [Civil litigation](https://mmlaw.ge/en/civil-litigation-lawyer/) — Contract, property and damages disputes — negotiated or argued in court. - [Administrative law](https://mmlaw.ge/en/administrative-law-lawyer/) — Challenging decisions of public bodies, fines, permits and licences. - [Labor disputes](https://mmlaw.ge/en/employment-lawyer/) — Unlawful dismissal, unpaid wages and employment contracts — for employees and employers. - [Corporate law](https://mmlaw.ge/en/corporate-lawyer/) — Company formation, contracts, compliance and shareholder matters. - [Real estate](https://mmlaw.ge/en/real-estate-lawyer/) — Due diligence, purchase agreements, registration and property disputes. - [Family law](https://mmlaw.ge/en/family-lawyer/) — Divorce, custody, alimony and division of property — handled with discretion. - [Inheritance](https://mmlaw.ge/en/inheritance-lawyer/) — Accepting an inheritance, the certificate of inheritance, wills and disputes between heirs. - [Intellectual property](https://mmlaw.ge/en/intellectual-property-lawyer/) — Trademarks, copyright and protection of your creative and business assets. --- Source: https://mmlaw.ge/en/gift-agreement-georgia/ · MMLAW · +995 551 00 43 00 · info@mmlaw.ge