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According to the relevant provisions of the Inheritance Law, the first thing to see is whether there is a will. If so, you need to bring your will, death certificate, household registration booklet and your ID card to the housing management department to go through the transfer procedures directly; If there is no will, other relatives with the right of inheritance need to give up the right to inherit the house, and they must go to the notary public to handle the inheritance notarization, and then go to the housing management department of the district where the property is located to go through the transfer procedures with the notarial certificate, death certificate, real estate certificate, etc.
1. Deed tax is not required for statutory inheritance, but the tax authorities need to go through the reduction and exemption procedures, and deed tax is required for non-statutory inheritance. The recipient of the gifted property is subject to deed tax. The tax rate is determined in the range of 3-5% by province and city, and may vary from province to province.
The basis of taxation is the assessed value or the tax approved value.
2. Do not enjoy the tax incentives of halving. According to Article 1 of the Notice of the Ministry of Finance and the State Administration of Taxation on Adjusting Several Tax Policies for the Real Estate Market (Cai Shui Zi [1999] No. 210), "the deed tax shall be temporarily reduced by half for individuals who purchase ordinary residential houses for their own use. "The offer to enjoy the halving levy is only for purchases.
3. In addition, you must pay the certificate production cost of 28 yuan, the registration fee of 80 yuan, and the surveying and mapping fee (if you need to survey and map).
4. Pay stamp duty according to the appraised value or the tax approved value. Gifts are subject to 20% personal income tax on incidental income. Statutory and non-statutory succession are not subject to personal income tax as there is no provision to pay it.
If you have any questions, you can add my friends to talk about them!!
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There is no inheritance tax in China for the time being, so don't worry.
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1. How much tax do children have to pay when they inherit their parents' real estate?
1. The taxes to be paid by children inheriting their parents' real estate are: real estate deed tax and contract stamp duty of the house; VAT to be paid for real estate less than five years (exempted for five years); 20% personal income tax (20% on profits or 1% on house**) is payable. If the children inherit the property, if they do not go to the house, they do not need to pay tax on the sale and sale, and only the sale and transfer of the property need to pay tax.
2. Legal basis: Article 208 of the Civil Code of the People's Republic of China.
The establishment, alteration, transfer and extinction of real estate rights shall be registered in accordance with the provisions of law. The creation and transfer of movable property rights shall be delivered in accordance with the provisions of law. Where the creation, alteration, transfer or extinction of immovable property rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the immovable property register.
2. How children inherit their parents' real estate.
If there is a will, it shall be executed according to the will, and if there is no will, it shall be inherited according to the law.
1. Housing appraisal: First of all, the market value of the house must be evaluated by the appraisal company. The appraisal company will make a professional analysis and property price assessment according to important factors such as the road section, sitting direction, floor, and age of the house, and determine the accurate market value of the property.
2. Inheritance notarization: The applicant shall go to the notary office where the house is located to handle the inheritance notarization and receive the inheritance notarial certificate. When notarizing, the death certificate of the owner of the house, the list of legal heirs issued by the legal authority, and the will (if any) made by the original owner of the house must be provided, and the original will should also be submitted.
If some of the legal heirs voluntarily renounce their inheritance rights, they must issue a certificate of renunciation of property commitment;
3. Housing surveying and mapping: The applicant must apply to the real estate surveying and mapping department for the surveying and mapping of the housing area or the transfer of the formalities, and receive the surveying and mapping results or drawings in order to go through the property rights registration procedures;
4. Inheritance registration: The applicant shall apply for inheritance registration procedures at the real estate trading center with real estate ownership certificate, inheritance notarial certificate, housing surveying and mapping and other certificates. After filling in the application form for real estate property registration and submitting the above materials, the case-handling personnel will accept the case and issue a receipt.
After all the information is verified, the real estate certificate of the changed owner will be issued;
5. Other information to be submitted: If the ownership of the house and other matters are subject to court judgment, ruling or mediation, the court judgment, ruling or mediation must be submitted. If the house is found to have been rebuilt or has illegal construction after on-site surveying and mapping, it must be submitted to the planning department for construction review or decision.
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Children do not need to pay taxes when they inherit their parents' property, but they pay the following taxes when they sell their parents' house:
1. Deed tax. According to the reply of the State Administration of Taxation on the issue of levying deed tax on the ownership of land and houses inherited by brother Li Shou, no deed tax shall be levied on the legal heirs, including spouses, children, parents, siblings, grandparents and maternal grandparents, when inheriting land and house ownership. At the same time, the State Administration of Taxation also clarified that, according to the regulations, if the non-statutory heirs inherit the land and house ownership of the deceased during his lifetime according to the will, it is a gift and deed tax shall be levied;
2. Stamp duty, including contract stamp duty and warrant stamp duty. Contract stamp duty, stamp duty is a document established in the process of inheriting a house, and stamp duty is calculated and paid according to the tax item of "property right transfer document"; Stamp duty on warrants, individuals who obtain real estate warrants pay stamp duty at 5 yuan per piece;
3. Individual income tax, after the inheritance of real estate, is the individual income tax that needs to be paid again, and the remaining amount of the property transfer income after deducting the tax paid in the process of receiving and transferring the housing and related reasonable expenses is the taxable income, and the individual income tax is calculated and paid at the use rate of 20%;
4. The inheritance of real estate no longer requires compulsory notarization, and you can choose not to notarize, but the notarized real estate can protect its own rights and interests against a third party, that is, the notarized real estate, and the notarization fee of inheritance rights is charged according to 2% of the appraised value of the real estate inherited by the heir.
Legal basisArticle 1133 of the Civil Code of the People's Republic of China.
Natural persons may make a will to dispose of personal property in accordance with the provisions of this Law, and may appoint executors.
A natural person may make a will to designate personal property to be inherited by one or more of the legal heirs.
A natural person may make a will to donate his or her personal property to an organization or individual other than the state, collective, or legal heirs.
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Inherited property is subject to taxes, including stamp duty, deed tax, etc., as follows:
1. Stamp duty, including contract stamp duty and warrant stamp duty. Contract stamp duty: According to the stamp duty tax item and tax rate table, the property right transfer document shall be decaled at 5/10,000 of the amount contained therein;
2. Deed tax. According to the relevant regulations, legal heirs who inherit real estate are exempt from paying deed tax; For the transfer of real estate by non-statutory heirs, it is necessary to pay deed tax and tax rate;
3. No matter how many heirs are, they do not need to pay any taxes to the tax department, which can also be said to be a name change procedure, only the cost of production. If you buy and sell, the tax paid is about half higher, because the personal income tax paid is as much as 20% of the total price of the house;
4. The real estate certificate has passed for 2 years and can be exempted; If the real estate certificate is less than 2 years old, the valuation is multiplied, and in summary, if you inherit, you need to go through the notarization of the inheritance agreement, you need to pay the notary fee, and you need to pay the real estate appraisal fee, deed tax and stamp duty, and the cost of handling fees and other fees when the property is transferred.
Legal basisArticle 6 of the Deed Tax Law of the People's Republic of China.
Deed tax shall be exempted under any of the following circumstances:
1) State organs, public institutions, social organizations, and military units that receive land and housing ownership for office, teaching, medical treatment, scientific research, and military facilities;
2) Non-profit schools, medical institutions, and social welfare institutions that receive land and housing ownership for office, teaching, medical treatment, scientific research, pension, and assistance;
3) Inherit the right to use barren mountains, wastelands, and barren beaches for agriculture, forestry, animal husbandry, and fishery production;
4) Changing the ownership of land or houses between husband and wife during the existence of the marital relationship;
5) The legal heirs inherit the ownership of the land and the house through inheritance;
6) Foreign embassies and consulates in China and representative offices of international organizations in China that shall be exempt from tax in accordance with the law shall inherit the ownership of land and houses.
According to the needs of national economic and social development, the deed tax may be exempted or reduced for the guarantee of residents' housing needs, enterprise restructuring and reorganization, post-disaster reconstruction, etc., and shall be reported to the Standing Committee of the National People's Congress for the record.
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Legal analysis: If a child inherits a parent's house, he or she shall pay individual income tax.
Legal basis: Article 3 of the Individual Income Tax Law of the People's Republic of China The tax rate of individual income tax: (1) For comprehensive income, the excess progressive tax rate of 3% to 45% shall be applied (the tax rate table is attached); 2) For business income, an excess progressive tax rate of 5% to 35% shall be applied (the tax rate table is attached); 3) Income from interest, dividends and bonuses, income from property leases, income from property transfer and incidental income shall be subject to a proportional tax rate of 20%.
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