A donation must include which element to be valid?

For a donation to be considered valid, it is necessary for the property being donated to be specifically identified. This requirement ensures that both the donor and the donee are clear about what is being transferred, thus minimizing any potential disputes or confusion regarding the gift. Specific identification of the property helps establish the intent of the donor to give and the acceptance of that gift by the donee, which is a crucial aspect of a valid donation.

While the other elements mentioned may be relevant in different contexts, they do not directly pertain to the validity of the donation itself. Agreement between the donor and donee can be implied in the act of donation but is not a strict requirement for validity. Capacity to pay taxes relates more to the tax implications of the donation rather than the donation itself. Lastly, formal registration with tax authorities is not necessary for a donation to be valid; however, it may be required for tax purposes or to formalize certain types of gifts. Overall, the specific identification of the property is the critical element that ensures clarity and intent in the donation process.