Can the real estate certificate be bought and sold before two years old?

The real estate certificate can be bought and sold in non-restricted cities for less than two years, and it is necessary to confirm that you have independent property rights and no mortgage. Restricted cities need to comply with the corresponding purchase restriction policies.

According to Article 38 of the Law of the People's Republic of China on the Administration of Urban Real Estate, 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;

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

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

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.

Can be bought and sold. According to the Notice of the Ministry of Finance on Adjusting the Business Tax Policy on Individual Housing Transfer dated March 30, 2015, from March 31, 2015, the full amount of business tax will be levied on the external sale of housing purchased by individuals less than 2 years old. There is no longer a distinction between ordinary and non-ordinary houses, and the business tax shall be levied in full on the external sales of houses purchased by individuals for less than 2 years.

Individuals who purchase non-ordinary housing for more than 2 years (including 2 years) will be subject to business tax according to the difference between their sales income and the purchase price of the house. Individuals who will purchase ordinary housing for more than 2 years (including 2 years) are exempt from business tax.

It can be bought and sold. Taxes and fees that the buyer and seller need to pay in the transfer of second-hand housing:

Buyer: Deed Tax: Deed Tax = Total Price of the House Tax Rate.

If the area is more than 144 square meters, the tax rate is 3%;

If the area is less than 90 square meters (first house), the tax rate is 1%;

If the area is between 90 and 144 square meters (first house), the tax rate is;

Transaction service fee: 3 yuan square meter for residential buildings; Non-residential: 11 yuan square meter;

Housing property registration fee: 80 yuan for residential units; As of now, the registration fee can be waived if the tax office determines that you have purchased your first home.

Loan mortgage registration fee: 80 yuan set.

Seller: transaction service fee: 3 yuan square meters.

Business tax: The total price of the house is exempted for 2 years).

Personal income tax: 1% of the total price of the house

Note: The seller will generally add the business tax and individual income tax to the total house price, which means that the buyer is responsible for the business tax and individual income tax.

Title Deed. Premises permit is a document that allows the buyer to obtain the legal ownership of the house through the transaction, and can exercise the right to occupy, use, benefit and dispose of the purchased house in accordance with the law.

Can be bought and sold. 1. Handling conditions: Buyers who obtain the legal ownership of the house through transactions can exercise the right to occupy, use, benefit and dispose of the purchased house in accordance with the law.

Second, the handling materials:

1. Stamped application form;

2. Housing sales contract;

3. Confirmation letter between the buyer and seller who signed the pre-sale contract on the house number, the measured area of the house and the settlement of the house price;

4. Two copies of the surveying and mapping form, the housing registration form, and the household plan;

5. Special receipts for special maintenance funds;

6. Deed tax payment or tax reduction and exemption certificate;

7. Identity certificate of the buyer (copy to check the original);

8. Submit a co-ownership agreement for co-ownership of the house;

9. Proof of prepayment from the bank.

Can be bought and sold. That is, you need to bear a little more taxes and fees;

If you need money urgently, you can still consider it;

After all, the value-added part of the property is much higher than the real estate deed tax;

It cannot be bought or sold. Newly built commercial housing and second-hand housing purchased within the city (six districts and four cities) can only be listed and traded after two years of obtaining the "Real Estate Property Certificate".

The title deed can be sold in less than two years, and relevant taxes and fees need to be paid. The buyer pays 1% for the first purchase of a property of less than 90 square meters. The first purchase of a property of more than 90 square meters (including 90 square meters) and less than 144 square meters shall be paid according to the buyer with Quehui.

If the real estate certificate is less than 2 years, VAT shall be paid. If the "House Ownership Certificate" is obtained less than two years later**, the seller shall bear the business tax on the house price.

To be clear, as long as you obtain the property right, that is, you can get the property ownership certificate, you can sell the property, the difference is only that you need to pay more taxes or pay a little less. Under normal circumstances, commercial houses with full five years of property rights do not need to pay value-added tax, while commercial houses under the age of two need to pay a large amount of taxes and fees, and the specific situation should be determined by consensus between the two parties.

1. Deed tax: (generally paid by the buyer, unless otherwise agreed by both parties).

1. The buyer's first purchase of a property of less than 90 square meters shall be paid at 1%;

2. The buyer's first purchase of a property of more than 90 square meters (including 90 square meters) and less than 144 square meters shall be paid according to the payment;

3. Pay 3% in the following cases:

1) 144 (including 144 square meters) square or more;

2) the buyer is not a first-time buyer;

3) garage; 4) Non-ordinary residential (commercial buildings);

2. Value-added tax: (generally paid by the seller, unless otherwise agreed by both parties).

1. If the real estate certificate is more than 2 years, ordinary residential properties below 144 square meters are exempted, and 2. If the real estate certificate is less than 2 years, VAT shall be paid according to the real estate certificate;

3. If the area of the house exceeds 144 square meters, the real estate certificate shall be paid according to the difference for 2 years, and the calculation formula is: (last purchase ** - now ****) multiply the tax rate.

If the house ownership certificate is obtained for less than two years, the seller shall bear the tax on the appreciation of the house price. Other taxes are the responsibility of the buyer.

3. Individual income tax: (generally paid by the seller, unless otherwise agreed by both parties).

1. The real estate certificate has been completed for five years, and it is the only set of real estate under the name of the seller's husband and wife who are exempt from individual income tax;

2. If the seller's husband and wife are not the only property or the real estate certificate is less than 5 years, they shall pay 1%;

3. The shop pays according to the difference, and the calculation formula is: (last purchase ** - now ****) multiply the tax rate by 20%;

Legal basis

Law of the People's Republic of China on the Management of Urban Real Estate

Article 36 For the transfer or mortgage of real estate, the parties shall handle the registration of ownership in accordance with the provisions of Chapter V of this Law.

Article 37 The transfer of real estate refers to the act of the owner of real estate rights transferring his real estate to others through sale, gift or other lawful means.