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It is possible to trade, but you need to pay personal income tax for less than five years after buying a house.
Seller: business tax, if the property certificate is less than five years of house price, it will be exempted for five years; Individual income tax, less than five years or 1% of the price of non-sole housing, full five years and only exempt: land value-added tax, less than three years of house price, more than three years less than five years, full five years of exemption; Transaction fee yuan square, stamp duty house price.
Buyer: deed tax, house price; The transaction fee is yuan square, the stamp duty house price, the production cost of the property certificate is 85 yuan, the cadastral map is 25 yuan, and there are more than 100 other bits and pieces.
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It is possible to trade, but you need to pay personal income tax for less than five years after buying a house.
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In order to carry out transactions, it is just two more taxes 1, second-hand housing business tax.
2. Personal income tax is 1%. 3. Nothing else has changed.
Also, you can check what the date of your purchase contract and the deed tax invoice is at that time. The full 5 years are determined by these, not the title deed.
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Legal analysis: According to the law, the circumstances that will lead to the failure of real estate transactions are: obtaining land use rights by way of transfer, judicial and administrative organs ruling in accordance with the law, deciding to seize or otherwise restrict real estate rights, recovering Shichaliang's land use rights in accordance with the law, disputed ownership, and failing to register and receive ownership certificates in accordance with the law.
Legal basis: 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) the land use right obtained by way of transfer does not meet the conditions stipulated in Article 39 of this Law; (2) Where judicial or administrative organs make rulings or decisions to seal up or otherwise restrict real estate rights in accordance with law; (3) Recall 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.
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Do you know the way of shirts? Housing purchase and sale refers to the act of the owner of the house legally owned by the owner of the house to transfer the house to another person with a certain amount of **. When buyers enter the real estate market, not all homes can be purchased.
The Law on the Administration of Urban Real Estate and the Regulations on the Administration of the Transfer of Urban Real Estate stipulate that the sale and purchase of certain houses shall be restricted, including: 1. If more than 25 of the total development investment amount of the total development investment is not completed, the commercial housing cannot be bought or sold. Strict restrictions on real estate developers from making huge profits through land speculation and sales, so as to ensure the smooth implementation of real estate developers' development and construction projects.
2. Judicial and administrative organs shall not buy or sell houses that have been sealed up or otherwise restricted in accordance with the law. Through the seizure of houses, the demolition of illegal buildings is ordered, the formation of transactions is prohibited with restrictions, and the rights of real estate are restricted by rulings and decisions in accordance with the law. 3 A co-owned house may not be sold without the written consent of the other co-owners.
A co-owned house is a house in which the ownership of the house is shared by two or more owners. 4 Houses with disputed ownership cannot be sold. The sale and purchase of a property with disputed ownership may affect the legitimacy of the transaction due to the unclear ownership.
Therefore, the house cannot be bought or sold until the title dispute is resolved. 5. Houses that have not been registered in accordance with the law and have received a house ownership certificate cannot be bought or sold. If the ownership registration formalities are not performed, the rights of the real estate rights holder do not have legal effect, and their act of selling the house is not protected by law.
In some areas, it is also stipulated that illegal or illegal buildings, religious buildings such as teaching buildings, temples, and nunnery in Peiqing Mountain, famous buildings or cultural relics and historic sites that need to be protected, and houses that have been requisitioned by the state or have been determined to be within the scope of demolition and relocation are not allowed to be bought or sold. In addition, there are certain restrictions on the purchase of houses that are subsidized by the state or units, as well as the purchase of urban private houses by units. In short, buyers must conduct a comprehensive investigation of all aspects of the house they are buying when buying a house, and do not believe the one-sided propaganda of some salesmen and advertisements.
If you are really unsure, you can hire an expert or professional organization to help. **Disclaimer: This article is the content of the Internet, the content of this article only represents the author's point of view, and this site only publishes**.
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Legal Analysis:1Properties that have been seized by the relevant authorities.
2.Undischarged properties.
3.The owner of the property has not been registered for property separation after divorce.
4.A property developed on collectively owned land.
5.Forge the power of attorney of the owner of the house to carry out the ** house.
6.The seller is a person with no capacity for civil conduct.
7.Properties that are in arrears with relevant taxes.
8.Unlisted central maternity wards.
9.Affordable housing and fund-raising housing for less than 5 years.
10.The owner is deceased, and the inheritance formalities have not been completed.
11.The house has a co-owner and the seller has a property without the consent of the other owners**.
12.The seller is unable to provide the title deed.
Legal basis: Administrative Measures for the Registration of Housing Ownership in Chengchen Hidden City" Article 23 In any of the following circumstances, the registration authority shall make a decision not to register: it is an illegal building; It is a temporary structure; Other circumstances stipulated by laws and regulations.
Before the illegal construction is demolished and restored to its original state, the house cannot be bought and sold, cannot be transferred, and cannot be mortgaged through any legal means.
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Legal Analysis: Search.
The two parties sign a house sale contract, and both parties bring their ID cards, house sale contracts, and real estate certificates to the local people's real estate management department at or above the county level to apply for real estate change registration. And with the changed house ownership certificate to the people's ** land management department at the same level to apply for the registration of land use right change, after the same level of people's ** land management department verified, by the same level of the people's ** to replace or change the land use right certificate.
Legal basis: Law of the People's Republic of China on the Management of Urban Real Estate Article 61 Paragraph 3 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 to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and after verification by the people's ** land management department at the same level, Yu Yunmin ** at the same level shall replace or change the land use right certificate.
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1. The buyer and the seller establish information communication channels, and the buyer understands the overall status quo and property rights of the house, and requires the seller to provide legal documents, including the certificate of ownership of the house, identity documents and other documents.
2. If the house provided by the seller is legal and can be listed for trading, the buyer can pay a deposit for the purchase of a house (paying a deposit for the purchase of a house is not a necessary procedure for the sale and purchase of commercial housing), and the buyer and seller sign a house sale contract (or house sale contract). After the buyer and seller reach an agreement on the location of the house, the status of property rights and the transaction, the delivery time of the house, the delivery of the house, and the handling of property rights through negotiation, the two parties shall sign at least three copies of the house sale and purchase contract.
3. The buyer and the seller jointly apply to the real estate transaction management department for review. After the buyer and seller submit the application procedures to the real estate management department, the management department shall check the relevant documents, review the property rights, and approve the transfer procedures for the houses that meet the listing conditions.
4. Deed. According to the property rights of the transaction house and the object of purchase, the real estate transaction management department can apply for review and approval step by step according to the approval authority set by the transaction department in advance, and the two parties to the transaction can go through the deed formalities. Now Beijing has abolished the real estate sale deed in the transaction process, which is commonly known as the white deed.
5. Pay taxes and fees. The composition of taxes and fees is more complex and depends on the nature of the transaction property.
6. Handle the procedures for the transfer of property rights. After the parties to the transaction complete the registration of property right change in the real estate transaction management department, the transaction materials will be transferred to the issuing department, and the buyer will apply for a new property right certificate with the notice of obtaining the house ownership certificate.
7. For the buyer of the loan, after signing the house sale contract with the seller, the buyer and the seller will go through the loan procedures with the loan bank, and the bank will review the buyer's credit, evaluate the house that both parties want to trade, so as to determine the buyer's loan amount, and then approve the buyer's loan.
8. The buyer receives the house ownership certificate, pays off all the house payments, and the seller delivers the house and settles all the property fees.
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Legal analysis: The two parties sign a house sale contract, and both parties bring their ID cards, house sale and purchase contracts, and real estate certificates to the local people's ** real estate management department at or above the county level to apply for real estate change registration. And with the changed house ownership certificate to the people's ** land management department at the same level to apply for the registration of land use right change, verified by the people's ** land management department at the same level, by the same level of the people's ** replacement or closed to change the land use right certificate.
Basis of the law: Article 61, Paragraph 3 of the Law of the People's Republic of China on the Management of Urban Real Estate 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 land use right change registration 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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