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At present, there is no inheritance tax in China, so the taxes and fees that need to be paid for inheriting the house are the most basic stamp duty and production cost, and there is no additional tax on movable property. In addition, although China has abolished the requirement that the inheritance of real estate must be notarized, many real estate bureaus generally recommend that they do an inheritance notarization first for the sake of insurance when handling the inheritance of the house, which also requires a fee. If an agreement cannot be reached, and you have to sue the court for division, you will need to have litigation costs and attorney fees.
Although there is no inheritance tax in China at this stage, it is not ruled out that inheritance tax will be levied in the future, which requires us to prepare in advance, and can avoid inheritance tax by giving in advance, and it should be written in advance, which is valid five years before the death of the decedent, and of course, you can also buy some highly leveraged life insurance to hedge risks. This also meets cash flow requirements. Because if the inheritance tax is levied, you need to pay the tax before you can inherit the estate.
Referring to foreign experience, the rate of inheritance tax is still quite high, which requires us to plan in advance. The above is my answer to this question, I hope it helps you, thanks.
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At present, there is no inheritance tax legislation in China, so there is no inheritance tax.
When inheriting an inheritance in our country, if it is movable property (cash, antiques, etc.), it is enough to inherit it directly.
If the inheritance is immovable property (such as a house), the transfer fee will be levied at the time of transfer of ownership, and no inheritance tax will be levied.
On February 5, 2013, the Chinese ***** agreed to and ** Article 15 of Part IV of the Several Opinions on Deepening the Reform of the Income Distribution System, which clearly stated that the issue of levying inheritance tax should be studied at an appropriate time.
Entrusted by the China Society for Economic Reform, the China Institute of Income Distribution of Beijing Normal University undertook the project of "Inheritance Tax System and Its Enlightenment to China's Income Distribution Reform" to hold a mid-term results conference. According to the study, China has basically met the conditions for levying inheritance tax, and it is recommended that 5 million yuan be used as the threshold for inheritance tax. The "Several Opinions on Deepening the Reform of the Income Distribution System" previously approved had called for studying the issue of levying inheritance tax at an appropriate time.
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It is not required at this time. It is still in the process of improvement, just like stipulating the time authority of land use rights, and in the end it is supplemented and supplemented.
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It is to be levied abroad, and the rate is not low, but there is no such law and regulation in China at present, in the traditional view, it is natural to inherit the things of the elders, and what taxes do you have to pay, which is also a reason for the existence of the phenomenon of wealth and poverty in the country at present. Wealth is concentrated in the hands of a certain number of people and cannot be redistributed and reused effectively and rationally. There will be one in China in the future, and there are already members of the NPC session who have already proposed this draft.
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After the founding of the People's Republic of China in 1949, 14 foreign taxes were established, including inheritance tax. However, due to various reasons such as the level of economic development, the levy has not been introduced.
In the 1994 tax reform, the inheritance tax was re-established and was intended to be levied when conditions are ripe.
At present, there are three main forms of inheritance tax in various countries: the general inheritance tax system (which is taxed according to the total amount of the deceased's estate), the divided inheritance tax system (which is taxed according to the amount of property received by each heir), and the mixed inheritance tax system (both methods are used).
The tax rates mainly include proportional tax rates and excess progressive tax rates, and the specific tax rates vary greatly, with the highest tax rate reaching % or even 70%.
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Legal Analysis: Inheritance is not subject to inheritance tax.
Legal basis: Civil Code of the People's Republic of China
Article 1122:Inheritance is the lawful property left behind by a natural person when he or she dies.
An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.
Article 1123: After the commencement of inheritance, it shall be handled in accordance with the statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; If there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.
Article 1124:After the commencement of inheritance, the heir shall make an expression of renunciation of the inheritance in writing before the disposition of the inheritance; If there is no indication, it shall be deemed to have accepted the inheritance.
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China's current tax laws and policies do not stipulate the collection of inheritance tax for inheritance, but the collection of inheritance tax is under discussion, and there may be corresponding regulations in the near future, but it is not collected at present. According to the provisions of the Reply of the State Administration of Taxation on Deed Tax Issues Concerning the Inheritance of Land and Housing Ownership, the legal heirs who inherit the ownership of land and houses are not subject to deed tax. After-sales public housing (with the exception of the purchase under the 94 scheme) is the legal private property of the property owner and falls within the scope of inheritance.
Article 6 of the Provisional Regulations on Inheritance Tax allows deductions from the total taxable amount: if the decedent's estate is inherited in the first order as stipulated in Article 10 of the Inheritance Law of the People's Republic of China, each heir may deduct 20,000 yuan from the total taxable estate; For subrogation, deductions can be given according to the first-order heirs. If one of the heirs has lost the ability to work and is supported (protected) by the deceased during his lifetime, an additional 5,000 yuan per year may be deducted according to the number of years he is 75 years old at that time; If one of the heirs is over the age of 18 and is raised by the deceased before his death, an additional 5,000 yuan per year may be deducted according to the number of years he or she has reached the age of 18 at that time.
If the estate of the deceased is inherited by the second-order heirs specified in Article 10 of the Inheritance Law of the People's Republic of China, each heir may deduct 10,000 yuan from the total taxable estate; If one of the heirs has lost the ability to work and was supported (raised) by the deceased during his lifetime, an additional 3,000 yuan per year may be deducted according to the number of years since his or her age reached 75; If one of the heirs is under the age of 18 and is raised by the deceased before his death, he or she may be deducted 3,000 yuan per year according to the number of years he or she has reached the age of 18 at that time. If any of the above-mentioned heirs renounces their inheritance rights or loses their inheritance rights, they shall not be deducted.
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In our country, there is no need to pay taxes on inheritance. The purpose of inheritance tax is to adjust the gap between the rich and the poor, and at present, China has not issued relevant laws and regulations to regulate inheritance tax. China's legislature and the administrative organs have conducted research on the collection of inheritance tax, and it is not excluded that regulations on the collection of inheritance tax will be introduced in the future.
If the heir has a tax payable in accordance with the law, the heir shall pay the tax to the extent of the inheritance.
[Legal basis].Civil Code of the People's Republic of China Article 1161 The heirs shall pay off the taxes and debts that the decedent shall pay in accordance with the law to the extent of the actual value of the inheritance obtained. The part exceeding the actual value of the estate is not subject to voluntary repayment by the inheritor.
If the heir renounces the inheritance, he or she shall not be liable for the taxes and debts that the decedent shall pay in accordance with the law.
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