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Transfer of real estate from a natural person to a legal person.
Article 33 of the Housing Registration Measures shall submit the following materials to apply for registration of the transfer of housing ownership:
a) Application for registration;
2) Proof of the applicant's identity (business license of legal person or ** certificate of organization, ID card of legal representative and power of attorney, etc.);
3) Certificate of ownership of the house or certificate of real estate rights;
4) Materials proving the transfer of ownership of the house;
5) Other necessary materials.
1. The buyer shall pay taxes and fees:
1. Real estate transfer deed tax: 1 5 of the house price (3 for the house area of more than 144 square meters, and 1 for the house area of less than 90 square meters and the first house);
2. Stamp duty on real estate transfer: 0 05 of the house price;
3. Real estate transfer transaction fee: 3 yuan square meter;
4. Real estate transfer surveying and mapping fee: 1 36 yuan square meter;
5. Registration fee and certificate collection fee for real estate transfer ownership: generally within 200 yuan.
2. The seller shall pay taxes and fees:
1. Stamp duty on real estate transfer: 0 05 of the house price;
2. Real estate transfer transaction fee: 3 yuan per square meter;
3. Real estate transfer business tax: 5 5 for the full amount (the real estate certificate is not full for 5 years);
4. Individual income tax on real estate transfer: 20 of the profit of the real estate transaction or 1 of the house price (the real estate certificate has been completed for 5 years and is a single house can be exempted).
Extended Materials. What are the peculiarities of buying a house in a company.
1. The company is divided into a company registered in China and a company registered overseas, the type and number of houses purchased by the company registered in China are not restricted, and the company registered abroad cannot buy a residential house in Shanghai, if there is an office in Shanghai, you can buy a non-residential house in the name of the office;
2. The company cannot purchase a commercial loan, and can only apply for a mortgage with a certificate after the issuance of the property certificate, and the term and interest rate are different from that of commercial loans;
3. The large tax paid by the company for buying a house is 3% of the deed tax, and the rest of the handling fees are not high, but there is a difference from the individual purchase: real estate tax, according to the ***** years (to be paid every year, if not paid, it will be required to be paid in a lump sum when selling);
4. The house of the company's property rights can be transferred through equity transfer without going through the trading center, but this is only a change of equity and actual controller, and the most suitable for this kind of transaction is that there is no other real estate and assets under the company's name, otherwise it is unrealistic;
5. If the company's property rights are to be changed to the name of the individual, the property rights must be bought and sold and registered from the trading center;
6. The real estate purchased in the name of the company is used as the company's assets, which are shared by all shareholders of the company, and the disposal of assets can only be disposed of with the consent and authorization of all shareholders or the resolution of the board of directors.
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Hello, I am a consulting cooperating lawyer, I have received your question, please wait, I am helping you solve the problem.
The company's property can be transferred to an individual, because the property itself belongs to the company, and the procedures for transferring the property rights are more complicated and the taxes are higher.
The company's property can be transferred to an individual, because the property itself belongs to the company, and the procedures for transferring the property rights are more complicated and the taxes are higher.
The company house is transferred to an individual in the form of equity 1, the real estate belongs to all shareholders of the company, and the transfer requires the consent of the shareholders and the signing of the equity transfer consent, so even if you want to use the company to buy a house, it is best to choose a company with a single shareholder 2, transfer to an individual, if the house of 2 million is also 2 million when transferred, the amount that the individual needs to pay is: Individuals need to pay individual income tax = the difference between purchase and transfer * 20% = 0 Stamp duty = subject valuation * 10,000 Deed tax = subject valuation * 3% = 60,000 When the company buys the deed tax = 60,000 Total = 220,000 The original 2 million house was sold at 2.22 million.
I want to change the name of the property in the name of the company to the name of the individual, which is more convenient and more cost-effective.
The company buys a house** to the individual after n years after the house is sold after the increase in value, 2 million sold for 3 million 1, the purchase link: company deed tax = 2 million * 3% = 60,000 personal deed tax = 60,000 2, holding link: real estate tax:
2 million per year 3, value-added tax = (transfer price - registration price) 10,000 4, value-added tax (education and urban construction surcharge) = value-added tax * 12% = 5714 5, land value-added tax = (transfer price - deduction) applicable tax rate = (300-200) 40% = 400,000 yuan. 6. Stamp duty = (transfer price - value-added tax) * 10,000 7. Individual income tax = (300-200) * 10,000 yuan Total cost in the transaction: 10,000.
It is more cost-effective to transfer the company house to an individual in the form of equity.
Is an individual a shareholder of a company?
The property belongs to all shareholders of the company, and the transfer requires the consent of the shareholders and the signing of the consent letter for the transfer of shares, so even if you want to buy a house with a company, it is best to choose a company with a single shareholder.
Our wife is a corporate legal person, I am a shareholder, is it considered a single-shareholder company?
A one-person company refers to a company in which all the capital contributions of the company belong to a single shareholder. China's Company Law allows natural persons or legal persons to make separate contributions to establish a one-person company, while a wholly state-owned company can also be regarded as a special form of a one-person company.
How much tax does a single-shareholder company need to pay for the transfer of real estate to the name of a legal person and 3.6 million yuan?
Individuals need to pay personal income tax = the difference between purchase and sale * 20% stamp duty = valuation of the subject * deed tax = valuation of the subject * 3% deed tax at the time of purchase by the company.
Just follow this, this calculation, and you're good to go.
Is it the same for selling the company's property to another individual?
This doesn't count, dear.
If the name of the company is changed to the name of the legal person, do I need to pay tax on the real estate?
This does not affect, the same as paying taxes.
The company is transferred to an individual, that is, you need to pay taxes, pro.
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What materials are needed for the transfer of the company's house to the individual.
1.Bring the legal person certificate, the first person certificate, the business license, the first organization certificate, the articles of association, the resolution of the shareholders' meeting, the bank account opening certificate, and the tax registration certificate to the real estate bureau to handle the transfer;
2.Handle tax verification and payment procedures and issue tax receipts; Submit the receipt and the documents required for the transfer of ownership of both parties, fill in the application form, and receive the acceptance notice;
3.Go to the trading center to get the real estate certificate and confirm the information.
The fees to be paid for the transfer of the company's real estate to the name of the individual are divided into the difference between the buyer and the buyer, specifically:
1.Buyers are subject to taxes:
1) Deed tax: 3% for the area of the house payment of more than 144 square meters, and 1% for the area of less than 90 square meters and the first house).
2) Stamp duty: of the house payment.
3) Transaction fee: 3 yuan per square meter.
4) Duan Yinxiang surveying and mapping fee: yuan square meters.
5) Ownership registration fee and evidence collection fee: generally within 200 yuan.
2.Taxes payable by the seller:
1) Transaction fee: 3 yuan per square meter.
2) Stamp duty: of the house payment.
3) Business Tax: Price difference * real estate certificate less than 5 years old).
4) Individual income tax: 20% of the profit part of the real estate transaction or 1% of the house price (the real estate certificate can be exempted if it is the only house for 5 years).
5) Education surcharge: 2% of business tax
6) Urban construction fee: 7% of business tax
7) Brokerage fee: generally 2% to 3% of the house price (shared by both the buyer and the seller).
Legal basis. Urban Real Estate Management Act
Article 61 To obtain land use rights by way of transfer or allocation, an application for registration shall be made to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the people at the same level after verification by the local people's land management department at or above the county level. If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate. When real estate is transferred or changed, it shall apply to the local people's real estate management department at or above the county level for registration of real estate change, and apply for registration of land use right change to the people's land management department at the same level with the changed house ownership certificate, and the people's land management department at the same level shall replace or change the land use right certificate after verification by the people's land management department at the same level.
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There is no reduction or exemption policy for the transfer of company real estate to individuals, and only the form of buying and selling is the transaction method with the least tax.
1. Taxes and fees collection standards.
1. Buyer's deed tax.
Ordinary house: less than 90 square meters: total price*1%, 90-144 square meters (120 in the suite): total price*
144 square meters (120 in the suite) or more or non-ordinary house: total price * 3%,
Commercial property or company property: total price * 3%.
Since May 2014, Chongqing has abolished the deed tax exemption policy for the first purchase of houses under 90 square meters by agricultural households.
2. Seller's corporate income tax.
Ordinary Residential: Total Price * 1% or (Total Price - Cost) * 20%
3. Seller's business tax and surcharge.
Ordinary House: Gross Price*
If the purchase of less than 144 square meters (120 units in the suite) is less than 2 years, the full amount of business tax will be levied, and the full amount of business tax will be exempted.
If the purchase of more than 144 square meters (120 units in the suite) is less than 2 years, the full amount of business tax will be levied, and the difference between the sales income and the purchase price of the house for 2 years will be levied.
The surcharge refers to the urban construction tax and the local education fee surcharge.
4. Stamp duty: total price*
5. Land Appreciation Tax: Transfer of Real Estate by Unit Taxpayers: 5% for Ordinary Residences; 6% for villa-type non-ordinary houses and garages; and non-residential (excluding garages) such as shops and office buildings are 8%. At the same time, the transfer of non-residential real estate by individual taxpayers is 6%.
2. Transaction fee collection standard.
1. Transaction fee: 3 yuan for each buyer and seller * construction area.
2. Transaction registration fee: 80 yuan.
3. Warrant stamping: 5 yuan.
4. Land engineering and cartography: Yuan.
3. Miscellaneous. If the nature of the land is "allocation", it is necessary to pay the land income money: land grade coefficient * construction area, and the land grade coefficient is queried at the Land Bureau.
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Give a portion of the company's assets** to someone.
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It is normal for the transfer of property rights to occur, and there are two main ways to transfer property rights.
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1.Application for registration of immovable property;
2.Proof of the applicant's identity;
3.Certificate of Ownership of Immovable Property;
4.Proof of the reason for registration;
5.If the immovable property advance notice registration has been completed, the immovable property registration certificate shall be submitted;
6.If it is necessary to pay the land transfer price and pay taxes and fees in accordance with the law, the land transfer price payment voucher and tax payment voucher shall be submitted;
7.Other materials provided for by laws, administrative regulations and the Implementing Rules.
1. Online real estate registration process.
The parties or their persons shall apply for registration of immovable property at the office of the immovable property registration authority. The applicant may withdraw the application for registration before the immovable property registration authority records the application for registration in the immovable property register.
The applicant shall submit the following materials and be responsible for the authenticity of the application materials:
a) Application for registration;
2) Identification materials and power of attorney of the applicant and ** person;
4) Materials such as the site, spatial boundaries, and area of immovable property;
5) Explanatory materials on the interests of others;
6) Other materials provided for by laws, administrative regulations, and detailed rules for the implementation of these Regulations.
2. How to do the transfer of real estate in the divorce of one of the husband and wife?
Both parties should bring their ID cards, divorce certificates, and original real estate registration certificates to the real estate registration agency where the property is located to go through the registration procedures for changing the registration with reference to the following laws. Article 16 of the Interim Provisions on the Registration of Immovable Property provides that the applicant shall submit the following materials and be responsible for the authenticity of the application materials: (1) the application for registration; 2) Identification materials and power of attorney of the applicant and ** person; (3) Relevant real estate ownership certificates, registration reason certificates, and real estate ownership certificates; 4) Materials such as the site, spatial boundaries, and area of immovable property; 5) Explanatory materials on the interests of others; 6) Other materials provided for by laws, administrative regulations, and detailed rules for the implementation of these Regulations.
The immovable property registration authority shall disclose the information such as the catalogue of materials and model texts required for application for registration in the office premises and portals.
Write the account directly as you, and pay the money after the transfer.
Generally speaking, you can transfer the title as long as you get the title deed. Regardless of the number of years of ownership, the transfer tax must be paid. >>>More
From a legal point of view, absolutely.
The legal basis is the Property Law of the People's Republic of China >>>More
Let's talk about the specifics, and I want to think about it.
I've also written before that My Dream House is Very Beautiful.