Gift Deed - South Carolina

GIFT DEED

State of South Carolina

Prepared By:
_____________________________________________

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Tax Map Number (TMS):
_____________________________________________

SPACE ABOVE THIS LINE FOR REGISTER OF DEEDS' USE

DOCUMENT INFORMATION

GIFT DEED

STATE OF SOUTH CAROLINA
COUNTY OF _________________

KNOW ALL MEN BY THESE PRESENTS:

This Gift Deed is made this _____ day of _________________, 20_____,

ARTICLE I: PARTIES

Section 1.1 Donor (Grantor)

_____________________________________________
(Name of Donor/Grantor)

of _____________________________________________
(Address)

Marital Status:
☐ An unmarried person
☐ A married person
☐ Husband and wife
☐ A _________________ [entity type], organized under the laws of _________________ [state]

hereinafter called the "DONOR" or "GRANTOR"

Section 1.2 Donee (Grantee)

_____________________________________________
(Name of Donee/Grantee)

Mailing Address (Required per S.C. Code):
_____________________________________________

Vesting:
☐ An unmarried person
☐ A married person
☐ Husband and wife, as tenants in common
☐ Husband and wife, as joint tenants with right of survivorship (S.C. Code § 27-7-10)
☐ As tenants in common
☐ As joint tenants with right of survivorship (S.C. Code § 27-7-10)
☐ A _________________ [entity type], organized under the laws of _________________ [state]

hereinafter called the "DONEE" or "GRANTEE"

Section 1.3 Relationship of the Parties

The Donor and Donee are related as: _____________________________________________
(e.g., spouse, parent/child, grandparent/grandchild, sibling, friend) — relevant to the deed-recording-fee exemption (S.C. Code § 12-24-40) and to federal gift-tax/basis treatment.

ARTICLE II: CONSIDERATION AND GIFT

Section 2.1 Consideration Recital

WITNESSETH: That the DONOR, for and in consideration of the natural love and affection which the DONOR has for the DONEE, and for no consideration of any kind in money or money's worth (or the nominal sum of Five Dollars ($5.00), the receipt and sufficiency of which are acknowledged), and not as a sale or exchange, makes this gift.

Section 2.2 Gift Statement

The DONOR declares this conveyance to be a present, voluntary, and irrevocable gift of the property described herein, made freely and with full donative intent, with no expectation of payment or return of value, and that the DONOR presently divests all right, title, and interest in the property in favor of the DONEE. The DONEE accepts this gift (see Donee acceptance at Section 6.4).

Section 2.3 Granting Clause

The DONOR has granted, bargained, sold, and released, and by these presents does GRANT, BARGAIN, SELL AND RELEASE unto the DONEE, and DONEE's heirs and assigns forever:

Section 2.4 Legal Description

All that certain piece, parcel, or lot of land, situate, lying, and being in the County of _________________, State of South Carolina, containing _______ acres, more or less, and being more particularly described as follows:

See Exhibit "A" attached hereto and incorporated herein by reference.

Tax Map Number (TMS): _____________________________________________

Property Address: _____________________________________________

Section 2.5 Derivation Clause (Required per S.C. Code § 30-5-35)

This being the same property conveyed to the DONOR by deed of _________________________ dated _________________, and recorded in the Office of the Register of Deeds for _________________ County in Deed Book _______ at Page _______.

ARTICLE III: HABENDUM AND WARRANTY

Section 3.1 Habendum

TOGETHER with all and singular the rights, members, hereditaments, and appurtenances to said premises belonging or in anywise incident or appertaining.

TO HAVE AND TO HOLD all and singular the premises before mentioned unto the DONEE, DONEE's heirs and assigns forever.

Section 3.2 Form of Warranty (Select One)

☐ LIMITED / SPECIAL WARRANTY (against Donor's own acts only). The DONOR binds DONOR and DONOR's heirs, executors, and administrators to WARRANT AND FOREVER DEFEND all and singular the said premises unto the DONEE, DONEE's heirs and assigns, against the DONOR and DONOR's heirs and against every person whomsoever lawfully claiming or to claim the same or any part thereof BY, THROUGH, OR UNDER THE DONOR, but against none other.

☐ QUITCLAIM (no warranty). The DONOR remises, releases, and forever quitclaims unto the DONEE all of the DONOR's right, title, and interest in the premises, without any warranty of title whatsoever, express or implied.

Section 3.3 Notice of Limited Protection

NOTICE: This Gift Deed is not a general warranty deed. The DONOR warrants title only against the DONOR's own acts (limited warranty) or gives no warranty at all (quitclaim). The DONEE is strongly advised to obtain title insurance.

ARTICLE IV: EXCEPTIONS AND SUBJECT-TO

This conveyance is made subject to:

(a) Ad valorem property taxes for the year 20_____ and thereafter;

(b) All applicable zoning ordinances, building codes, and governmental regulations;

(c) All restrictions, covenants, conditions, easements, rights-of-way, and reservations of record;

(d) All matters disclosed by an accurate survey and inspection of the property;

(e) Rights of tenants or parties in possession;

(f) Existing mortgage / lien (if any). The property ☐ is ☐ is not encumbered by a mortgage or other lien of record. If encumbered, the DONEE takes the property SUBJECT TO the following, which the DONEE ☐ assumes ☐ does not assume:
_____________________________________________
(Lender/lienholder, recording book/page, approximate balance $__________)

NOTE: An assumed mortgage or other consideration is "value" for the deed recording fee (S.C. Code § 12-24-30) and is relevant to the federal gift-tax computation. See Article V and Article VI.

(g) The following additional specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________

ARTICLE V: SOUTH CAROLINA DEED RECORDING FEE

Section 5.1 Deed Recording Fee (S.C. Code § 12-24-10)

South Carolina imposes a deed recording fee of $1.85 for each $500 (or fractional part) of the realty's value (§ 12-24-10). For a gift, "value" is the consideration paid; where no consideration is paid, the value is treated as $100 or less.

Value of realty (consideration / FMV less qualifying liens): $_____________________

Section 5.2 Gift Exemption (S.C. Code § 12-24-40)

☐ EXEMPT — gift / no consideration (§ 12-24-40(1)). A deed transferring realty as a gift with no consideration of any kind is exempt because the realty's "value" is $100 or less (see SC Revenue Ruling #04-6).

☐ EXEMPT — transfer to spouse (§ 12-24-40(4)). A deed transferring realty to a spouse is exempt under § 12-24-40(4) (IRC § 1041 — no gain or loss recognized), regardless of consideration.

☐ EXEMPT — family trust / family partnership (§ 12-24-40(9)). Transfer from a family partnership to a partner or family trust to a beneficiary where the only "consideration" is a reduction in the grantee's interest. ("Family" includes the grantor's spouse, parents, grandparents, siblings, children, stepchildren, grandchildren, and their spouses and lineal descendants.)

☐ NOT EXEMPT — fee due. Consideration (e.g., an assumed mortgage of $_____________) makes the transfer subject to the fee:

Exemption reason (state code section): _____________________________________________

Section 5.3 Affidavit for Taxable or Exempt Transfers (S.C. Code § 12-24-70)

An Affidavit for Taxable or Exempt Transfers stating the value of the property (and the exemption claimed, if any) must be submitted with this deed at recording.

☐ Affidavit attached.

ARTICLE VI: FEDERAL GIFT TAX AND BASIS

Section 6.1 Federal Gift Tax (26 U.S.C. § 2501, § 2502)

A gift of real property is a taxable gift for federal purposes. The DONOR (not the DONEE) is responsible for any federal gift tax and for filing IRS Form 709 (United States Gift Tax Return) if required.

• Annual exclusion (2026): $19,000 per donee (verify for the year of the gift).
• Lifetime basic exclusion amount (2026): $15,000,000 per donor (verify for the year of the gift).
• A gift to one donee exceeding the annual exclusion requires the DONOR to file Form 709; no gift tax is actually due until cumulative taxable gifts exceed the lifetime exclusion.
• Unlimited marital deduction generally applies to gifts to a U.S.-citizen spouse.

Section 6.2 Carryover Basis (26 U.S.C. § 1015)

The DONEE generally takes the DONOR's adjusted cost basis (carryover basis), not a stepped-up basis. If fair market value at the date of gift is less than the DONOR's adjusted basis, a special dual-basis rule applies for determining loss on a later sale. Consult a tax advisor regarding basis and capital-gains consequences.

ARTICLE VII: EXECUTION

Section 7.1 Delivery and Acceptance

This gift is completed by delivery of this executed deed to the DONEE (or the DONEE's agent, or by recording for the DONEE's benefit) and the DONEE's acceptance. The gift becomes irrevocable upon delivery and acceptance.

Section 7.2 Witness and Donor Signatures (Two Witnesses Required — S.C. Code § 30-5-30)

WITNESS(ES):

_____________________________________________
Witness #1 Signature

_____________________________________________
Witness #1 Printed Name

_____________________________________________
Witness #2 Signature / Notary Public

_____________________________________________
Witness #2 Printed Name

DONOR / GRANTOR(S):

_____________________________________________ (L.S.)
Signature

_____________________________________________
Printed Name

_____________________________________________ (L.S.)
Signature

_____________________________________________
Printed Name

Section 7.3 South Carolina Acknowledgment (Individual)

STATE OF SOUTH CAROLINA
COUNTY OF _________________

I, the undersigned Notary Public, do hereby certify that _________________________ personally appeared before me this day and acknowledged the due execution of the foregoing instrument.

WITNESS my hand and seal this _____ day of _________________, 20_____.

_____________________________________________
Notary Public for South Carolina

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 7.3a South Carolina Acknowledgment (Entity)

STATE OF SOUTH CAROLINA
COUNTY OF _________________

I, the undersigned Notary Public, do hereby certify that _________________________, the _________________________ [title] of _________________________ [entity name], personally appeared before me this day and, being duly sworn, acknowledged that he/she as such officer, being authorized to do so, executed the foregoing instrument on behalf of said entity by signing the name of the entity by himself/herself as such officer.

WITNESS my hand and seal this _____ day of _________________, 20_____.

_____________________________________________
Notary Public for South Carolina

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 7.4 Donee Acceptance (Recommended)

The undersigned DONEE hereby accepts the foregoing gift of real property.

_____________________________________________
Donee / Grantee Signature

_____________________________________________
Printed Name Date: [__/__/____]

EXHIBIT A — LEGAL DESCRIPTION

Legal Description of Property:

All that certain piece, parcel, or lot of land situate, lying, and being in _________________ County, South Carolina:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Tax Map Number (TMS): _____________________________________________

SOUTH CAROLINA RECORDING REQUIREMENTS

Deed Recording Fee Quick Reference

• Standard fee: $1.85 per $500 of value (§ 12-24-10).
• South Carolina has no separate state deed transfer tax; the deed recording fee functions as the transfer levy.
• A gift with no consideration is exempt under § 12-24-40(1) (value ≤ $100; SC Revenue Ruling #04-6).
• A spousal transfer is exempt under § 12-24-40(4) regardless of consideration.
• An assumed mortgage is "value" and may make the fee due.

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed South Carolina attorney before using this form.