The problem of house gift, help, thank you

Depending on the recipient of the gift, the relevant materials and procedures required for the gift will be different. For example, children, bequests, and gifts to others. What is it exactly?

The donor of the house and the donee enter into a written contract for the gift of the house, that is, the letter of gift. According to the relevant laws and regulations, the gift of a house must be in writing.

The parties to the house donation shall pay the relevant taxes and fees in accordance with the provisions of the house ownership certificate, gift contract and other materials.

Notarization. According to the relevant regulations of the state, the gift of housing must go through notarization procedures.

Handle the registration procedures for the transfer of ownership of the house. The parties to the house donation shall apply for the transfer registration at the real estate transaction center where the house is located, and submit the following materials: transfer application, identity certificate, real estate ownership certificate, gift letter and notarial certificate, and receipts of relevant taxes and fees.

The donor delivers the house to the donee. The delivery here is subject to the registration of the transfer of property rights. If the property right transfer registration formalities have not been completed, but a written gift contract has been concluded between the parties, and the donor has handed over the original house ownership certificate to the donee, the gift shall also be deemed to be established in accordance with the provisions of the Supreme People's Court.

In terms of taxes, it depends on where you are located.

Also, there is a certain risk, under normal circumstances, the seller is the donor, the risk is greater, because you are buying a house, so this is not important, in addition, the state has relevant laws and regulations for transactions that take such measures in order to avoid taxes. In other words, the gift contract is invalid because it conceals the illegal purpose in a legal form, and the buyer and seller must bear the corresponding civil liability and administrative liability. I really don't know much about this specific judging criterion.

If one party has the intention to donate a house and the other party has no intention of accepting the gift, the gift contract cannot be established. Gift is an act in which the donor gives his house to the donee free of charge, and the donee expresses his acceptance. A gift is only given by one party and does not require the acceptance or non-acceptance of the other party.

Giving is the gift of a house to a person, and it also refers to the gift of a stupid house, etc. When there is a one-way transfer of ownership of a house or other subject matter, this act is a gift. Article 657 of the Civil Code stipulates that a gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift.

Article 209 of the Civil Code of the People's Republic of China The establishment, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered. Article 657 of the Civil Code of the People's Republic of China: A gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift.

Article 659 of the Civil Code of the People's Republic of China: Where donated property needs to go through registration or other formalities in accordance with law, the relevant formalities shall be completed.

If the ordinary house (less than 144 square meters) is less than 5 years old, the transaction transfer needs to pay business tax (according to the difference, gifts between immediate family members do not need to pay business tax).

The deed tax for ordinary housing is 3%, and the gift deed tax is 4%. Other taxes and fees are basically the same in both ways.

However, for the donated property, you will have to pay 20% of the individual income tax according to the transaction price (minus the taxes paid in the gift process) in the future.

Therefore, it is recommended to handle it according to the transaction transfer.

Key Taxes and Fees for Transaction Transfers:

Business tax: If the difference is made for ordinary housing for less than 5 years, it will not be paid for 5 years;

Individual income tax: 1% of the appraised price;

Appraisal fee: approximate appraisal price;

Other miscellaneous expenses: about 800,100 yuan for a 100-square-meter house.

If you are ready to do it again, make a deal with your mother, and if you are not ready to do it, give it away.

Because the gift needs to be notarized, the notary fee is charged at 2% of the area, but 20% of the individual income tax must be paid again.

50% of your mother's property rights are shared by your mother and your father, first do the inheritance notarization and then gift, if you have brothers and sisters, you have to give up, regardless of whether you transfer or donate, inheritance notarization must be done first. If the property is more than five years old and there is no business tax problem, the transfer cost will be lower. The cost of assessment is different for each city.

If you donate, you need to evaluate, but you can ask the appraisal company to lower the appraisal value, the appraisal fee is 400 yuan, and the comprehensive test of each place is not the same.

1. There is no need to pay deed tax.

The Notice of the Ministry of Finance and the State Administration of Taxation on the Deed Tax Policy on the Change of Housing and Land Ownership between Husband and Wife (CS 2014 No. 4) stipulates that during the existence of the marital relationship, if the ownership of the house or land originally owned by one of the husband and wife is changed to the joint ownership of the husband and wife or the other party, or the ownership of the house or land was originally owned by the husband and wife and is changed to one of the parties, or the ownership of the house or land was originally owned by the husband and wife, and the two parties agree to change the common share, the deed tax shall be exempted.

2. There is no need to pay individual income tax.

Article 1 (1) of the Notice of the Ministry of Finance and the State Administration of Taxation on Issues Concerning Individual Income Tax on Houses Donated by Individuals Free of Charge (CS 2009 No. 78) stipulates that if the owner of the house property rights donates the property rights to his spouse, parents, children, grandparents, grandchildren, grandchildren, brothers and sisters free of charge, no individual income tax shall be levied on both parties.

3. There is no need to pay business tax.

Article 2 (2) of the notice of the Ministry of Finance and the State Administration of Taxation on several tax exemption policies for business tax on the purchase and sale of personal financial products (Cai Shui 2009 No. 111) stipulates that if the real estate and land use rights are donated to spouses, parents, children, grandparents, grandchildren, grandchildren, brothers and sisters free of charge, the business tax shall be temporarily exempted.

4. There is no need to pay LAT yet.

Article 2 of the Provisional Regulations of the People's Republic of China on Land Appreciation Tax stipulates that entities and individuals who transfer the use right of state-owned land, buildings on the ground and their attachments (hereinafter referred to as the transfer of real estate) and obtain income are taxpayers of Land Appreciation Tax (hereinafter referred to as taxpayers) and shall pay Land Appreciation Tax in accordance with these Regulations. Article 2 of the Detailed Rules for the Implementation of the Provisional Regulations of the People's Republic of China on Land Appreciation Tax stipulates that the transfer of state-owned land use rights, buildings on the ground and their attachments and the acquisition of income as mentioned in Article 2 of the Regulations refer to the transfer of real estate for compensation in ** or other ways. It does not include the transfer of real estate by inheritance or gift without compensation.

Article 4 of the Circular of the Ministry of Finance and the State Administration of Taxation on Some Specific Issues Concerning Land Appreciation Tax (Cai Shui Zi 1995 No. 48) stipulates that if a real estate owner or a land use right owner donates the property right or land use right to his immediate family members or a person who bears the obligation of direct support, it falls within the scope of "gift" in the detailed rules.

1: Housing donation refers to a civil legal act in which one party (donor) voluntarily donates his or her house to another person (donee) free of charge, and the other party is willing to accept it. The parties to the gift of the house shall enter into a gift contract.

Once the real estate is donated, the real estate change registration cannot be revoked without special circumstances, so the following issues must be considered before the gift. <>

2: Parents donate real estate to their children, on the one hand, they want to leave an asset for their children as a future living guarantee. On the other hand, if the parents encounter debts and financial problems, the property registered in the name of the child will not be seized because of the implication, and can be used as reserved capital.

However, there are also some issues that need to be paid attention to when gifting to children. The property is registered in the name of the child, and even if the husband and wife repay the loan jointly, the husband and wife cannot re-divide the property in the event of divorce. <>

3: Article 18 of the General Principles of the Civil Law of China stipulates that guardians shall perform guardianship duties and protect the person, property and other legitimate rights and interests of the ward.

Although the parents are the guardians of the child, they do not have the right to dispose of the property, and until the son reaches the age of 18, the house is temporarily managed by the parent who has taken custody of the child. When the children reach adulthood, they will be persons with full capacity for civil conduct and have the right to dispose of the real estate in their own names. In this case, regardless of whether the child is ** or mortgaged, the parents have no right to intervene.

1. The content of the gift contract should be specific and clear. The gift contract mainly includes: the parties to the contract, the name of the donated property, the current status of the property, the time limit and method of performance of the gift contract, the liability for breach of the gift contract and the dispute resolution method.

2. From the perspective of the donor, if the gift is likely to be revoked before the delivery of the property or the transfer of rights, it is recommended not to notarize the gift contract, because it will be difficult to revoke once notarized.

3. If the donor has certain requirements for the donee when donating the property, it can be used as a condition of the gift.

4. Where the donated property needs to go through formalities such as registration in accordance with law, the content of the relevant formalities shall be stipulated.

5. The donor shall explain the defects in the donated property in the gift contract, otherwise the donee will be liable for any losses caused thereby.

6. The gift contract does not need to be notarized, but the notarized gift contract can better protect the interests of the donee.

According to Article 657 of the Civil Code, a gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift.

Article 660 stipulates that if the donor fails to deliver the donated property in a notarized gift contract or a gift contract that cannot be revoked in accordance with law and has the nature of public welfare or moral obligations such as disaster relief, poverty alleviation, and assistance to the disabled, the donee may request delivery. Where the donated property that shall be delivered in accordance with the provisions of the preceding paragraph is damaged or lost due to the donor's intentional or gross negligence, the donor shall be liable for compensation.

According to the provisions of the law, the gift contract is also a bilateral contract, that is, one party is required to express the intention of the gift, and the other party needs to have the intention to accept the gift, otherwise the gift contract cannot be established. After signing the gift contract, in fact, if the conditions are met, the parties are also allowed to revoke the gift.

What do I need to pay attention to when gifting a house?

Citizens have the right to dispose of their own property if they think it can be gifted.

Children born to the husband and his ex-wife have the right to inherit later, but under normal circumstances, children raised by the ex-wife rarely claim inheritance.

The most important thing for you is to handle the relationship with the man well, and there should be no disagreement between the two of you. Let him understand that everything you do (including being angry with your child) is for him and for your family, and trust him to take your feelings into account. It is normal for your ex-wife's children to be hostile to you, and if the children are not too old, there is a possibility of reversal.

It's best not to directly conflict with the child, and let the man come forward if it's inconvenient.

Hope it helps.

Can a man donate his existing home to his newborn child?

Children are your own children, not gifts, but inheritances!

If the custody is in the woman's possession, does the child born to the ex-wife have the right to inherit the man's property in the future? Yes.

1. Of course, your grandfather has the right to dispose of the above three houses.

2. But according to the provisions of the Property Law, the ownership is your grandfather, and the real estate collection book is also recorded by your grandfather.

3. If your grandfather got the above house during the period of living with your grandfather's wife, the owners of the three houses should be jointly owned by your grandfather and his wife, 4. Otherwise, the above house is the original joint ownership of your grandfather and your grandmother, and then you need to go through the inheritance notarization according to law, if this way your grandfather cannot dispose of the property independently, all the children of your grandfather have the right to inherit, so that your father, uncle, aunt, and have the right to inherit.

5. If an agreement cannot be reached, only an application for a judgment can be made, and if an agreement is reached, a notarization can be applied. On the basis of reaching an agreement, your grandfather can apply for a notarized will and add all the women's agreements to handle the aftermath of the house.

6. Don't think about anything else.

It's too complicated!

1. Grandpa has no right to dispose of all the house, **and your grandma's share! And in that share, your grandfather, father, uncle, and aunt all have the right to inherit!

2. For the property within the grandfather's share, he also has the right to dispose of it freely! But it is necessary to consider the distribution of the spouse and children, otherwise in the end, it would have been a good thing, but the relatives will become enemies!

It's very simple, make a will for the distribution of real estate, find a notary office to notarize, and generate a legal basis, and no one can change it.

All of your relatives have the right to divide the house, they are the legal heirs, and they want to change the way they can only make a will.