How to define whether a transaction home is over 5 years old?

<> "The above was published on 2017-03-18, the current relevant housing purchase policy is subject to the actual situation".

The difference between 2 years and 5 years of second-hand housing, how to define the number of years? These must be understood for buying and selling second-hand houses, listen to what Ah Yue says!

Legal analysis: Newly bought houses can be traded as long as the real estate certificate is issued and there is no bank mortgage, but because the housing less than five years old needs to pay business tax, many people sell it after 5 years after the real estate certificate is processed, but on October 30, 2017, the business tax was abolished and replaced by value-added tax.

Legal basis: Law of the People's Republic of China on the Administration of Urban Real Estate

Article 38 The following real estate shall not be transferred:

1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law;

2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law;

3) recovering the right to use land in accordance with law;

4) Co-ownership of real estate, without the written consent of the other co-owners;

5) the ownership is disputed;

Article 39 Where land use rights are obtained by way of transfer, the following conditions shall be met when transferring real estate:

A) in accordance with the transfer contract has paid all the land use right transfer fees, and obtained the land use right certificate;

2) In accordance with the provisions of the transfer contract for investment and development, if it is a housing construction project, more than 25% of the total development investment shall be completed, and if it belongs to a piece of development land, it shall form industrial land or other construction land conditions.

If the house has been completed at the time of the transfer of real estate, the house ownership certificate shall also be held.

6) Failure to register and receive a certificate of ownership in accordance with law;

7) Other circumstances where laws or administrative regulations prohibit transfer.

No other fees are required for 5 years after tax exemption, but business tax is required for less than 5 years, and business tax is payable on the total room price. Houses that are split and demolished can be given birth certificates for three years and can be listed for trading after five years. Of course, there are also those who fail to complete the transaction ahead of schedule.

The law stipulates that houses that have not obtained a title certificate cannot be listed for trading. Therefore, the premise of external sales is the acquisition of title deeds (unsecured mortgages). In addition, you can buy and sell on the day the title deed is issued, but if the bank loan is not repaid, you must wait until the loan is paid off.

Look at the date of the purchase contract to determine whether it has been two years, look at the date on the real estate certificate to see if the house has been full for 5 years, and after applying for the real estate certificate, there will be no taxes and fees for selling after 5 years.

It is mainly related to the nature of the property, including commercial housing, affordable housing, public housing, inherited property, donated property and so on. Generally, it is calculated according to the specific date of signing.