What are the references to the literature on inheritance gift tax?

House Inheritance Tax Notarization Rules

Gift tax can be divided into annual allowances and lifetime allowances.

1.The annual allowance is calculated on a per-donee basis and is divided into general and conjugal allowances. In 2011, the general tax exemption is 13,000 yuan a year, and the husband and wife tax allowance is divided into two types, which are given to the spouse of the citizen, and the tax exemption is unlimited; For the spouse of a non-citizen, the tax exemption in 2011 is 136,000 yuan a year.

2.The lifetime allowance is calculated on a per-giver basis, with a difference between the lifetime allowance for Americans and non-Americans. The tax exemption for U.S. citizens and residents is $1 million, with the exception of 2011 and 2012, when the lifetime allowance was up to $5 million.

The estate tax law provides for a $5 million exemption on the estate of an American, whether left to any citizen, resident, or nonresident alien, up to $5 million in 2011 and 2012, and the unused allowance can be transferred to the surviving person.

If you leave an estate to your spouse, it depends on the status of the spouse who inherits it. A Qualified Domestic Trust (QDOT) bequeathed to or established for a non-citizen spouse is indefinitely tax-exempt.

Legal Analysis: Inheritance tax is a fee that your heirs need to pay when your property is inherited after your death, and it must be paid before the inheritance, if you do not have this fee, the property is likely not to be inherited. Gift tax is the tax you need to pay when you donate the property to others, and the proportion is equivalent to the tax that needs to be paid according to the transaction amount when the property is traded.

There is no high or low distinction between the two, and it depends on the specific situation.

Legal basis: Article 1145 of the Civil Code of the People's Republic of China After the commencement of inheritance, the executor of the will shall be the administrator of the estate; If there is no executor, the heirs shall promptly elect the estate administrator; if the heirs are not elected, the heirs shall jointly serve as the administrators of the estate; Where there is no heir or the heirs have renounced the inheritance, the civil affairs department or villagers' committee of the deceased's former residence shall serve as the administrator of the estate.

Gift Tax Definition; It refers to a tax levied on the object of donated property. It is a type of property tax. Gift tax is levied mainly to prevent property owners from giving away their property to others during their lifetime in order to avoid inheritance tax.

For this reason, many countries usually adopt a system in which inheritance tax and gift tax are levied at the same time. Inheritance tax is a tax levied on the heirs and legatees of the estate based on the property left behind by the deceased after his death. Theoretically speaking, if the inheritance tax is levied properly, it has certain significance for regulating the wealth distribution of members of the society and increasing the financial resources of social welfare undertakings.

Inheritance tax is often established and levied in conjunction with gift tax. However, in order to attract investment and capital inflows, some countries and regions deliberately do not establish inheritance tax or abolish inheritance tax.

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 be registered or other formalities in accordance with law, the relevant formalities shall be completed. Article 1122 of the Civil Code of the People's Republic of China An estate is the lawful property left 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.

Gift tax is the tax payable by a natural person on the donated property in accordance with the law when he or she donates his property to others. The object of taxation of gift tax is the donated property, which includes not only the money and goods that cannot be donated to others, but also the debts of the debtor that are forgiven or borne for others free of charge, as well as the expected property provided to others free of charge.

There is no inheritance tax in our country.

1. Provisions on gift tax.

The collection of gift taxes by various countries plays a certain positive role in some aspects, which is one of the reasons why the two taxes can exist for a long time, which can be summarized as follows:

1) Regulate social distribution. Through inheritance and gift taxes, the state implements differentiated tax burdens, and a part of the property of those who have a high inheritance is owned by the society, so as to support the livelihood of low-income people and social welfare undertakings, forming a virtuous circle of social distribution.

2) Increase fiscal revenue.

3) Restrictions on private capital. In a modern society where the gap between the rich and the poor is huge and social contradictions are intensifying, private capital should be appropriately restricted to ease social contradictions.

4) Curb social waste. The income from inheritance and the donated property are unearned for the recipient, and it is easy for the heirs and donees to be extravagant and wasteful. The imposition of inheritance tax and gift tax, and the transfer of a part of the property to social ownership, have a certain effect on curbing waste and forming a good social atmosphere.

In addition, donations to public welfare undertakings are allowed to be deducted from the additional burden of property, and a large number of donations to the society are encouraged, which is conducive to the development of social welfare undertakings.

5) Balance the psychology of taxpayers. Because of the emphasis on non-labor property acquired by inheritance or gift, and the reduction of wealth possession due to non-subjective factors such as blood lineage and family, people feel more psychologically fair to use the right of use.

The fiscal effect of the introduction of gift tax is mainly manifested in the impact on fiscal revenue. It is self-evident that the important branch of the gift tax property taxation system has the role of raising fiscal revenue, even now, the main income of the local government in various countries is still the property tax, but with the transformation of the property tax from the main tax to the auxiliary tax, the role of the gift tax in raising funds has been very limited, and the fiscal revenue effect of the gift tax has gradually weakened.

Legal analysis: The taxes involved in the gift of real estate between immediate family members are: stamp duty, which both parties need to pay, and the tax rate is; The deed tax, which is payable by the donee (the party acquiring the property), is taxed at a rate of 3.

The specific tax rate may be slightly different depending on the local policy) The gift of real estate between non-immediate family members needs to be regarded as a sale, and the donor pays tax according to the transaction situation (generally including value-added tax, urban construction tax and surcharge, individual income tax, and non-residential buildings also need to pay land value-added tax), and the donee needs to pay 20 personal income tax (according to the incidental income tax item) and 3 deed tax, and both parties need to pay stamp duty. (The specific tax rate may vary slightly depending on local policies).

Legal basis: Announcement of the Ministry of Finance and the State Administration of Taxation on the Application of Individual Income Tax Taxable Income Items to Relevant Income Obtained by Individuals If the owner of the house property right donates the property right to others free of charge, the donee shall calculate and pay individual income tax according to the item of "accidental income" for the donated house obtained by the donee for free. However, if the following circumstances are met, no individual income tax shall be levied on both parties:

1) The owner of the house property rights will give the property rights of the house to his spouse, parents, children, grandparents, grandchildren, grandchildren, brothers and sisters free of charge; (2) The owner of the property right of the house gives the property right of the house free of charge to the guardian or supporter who bears the obligation of direct support or support; (3) The legal heirs, testamentary heirs or legatees who have obtained the property rights of the house in accordance with the law after the death of the owner of the property rights.

Legal analysis: The taxes involved in the gift of real estate between immediate family members are: stamp duty, which both parties need to pay, and the tax rate is; The deed tax, which is payable by the donee (the party who acquires the property), is taxed at a rate of 3.

The specific tax rate may be slightly different depending on the local policy) The gift of real estate between non-immediate family members needs to be regarded as a sale, and the donor pays tax according to the transaction situation (generally including value-added tax, urban construction tax and surcharge, personal income tax, and non-residential buildings also need to pay land appreciation tax), and the donee needs to pay 20 personal income tax (according to the incidental income tax item) and 3 deed tax, and both parties need to pay the stamp auction tax. (The specific tax rate may vary slightly depending on local policies).

Legal basis: Announcement of the Ministry of Finance and the State Administration of Taxation on the Application of Individual Income Tax Taxable Income Items to Relevant Income Obtained by Individuals》 If the owner of the house property rights donates the property rights to others free of charge, the donee shall calculate and pay individual income tax according to the item of "accidental income" for the donated income obtained by the donee from the donated house free of charge. However, if the following circumstances are met, no individual income tax shall be levied on both parties:

1) The owner of the property right of the house gives the property right of the house to his spouse, parents, children, grandparents, grandchildren, grandchildren, brothers and sisters free of charge; (2) The owner of the property right of the house gives the property right of the house free of charge to the guardian or supporter who bears the obligation of direct support or support; (3) The legal heirs, testamentary heirs or legatees who have obtained the property rights of the house in accordance with the law after the death of the owner of the property rights.