Can the new policy property still be inherited, and what is the new policy of property inheritance

Real estate inheritance refers to the legal act of transferring the ownership of the house and the land use right of the decedent to the heir in accordance with the provisions of the Inheritance Law. Real estate inheritance is a way to obtain ownership and use rights. Among the estates listed in our Inheritance Act is housing.

The so-called inheritance of the house means that after the death of the decedent, the property belongs to the testamentary heirs or legal heirs. Therefore, only the decedent's house can be inherited if it has legal property rights. When inheritance occurs, if there are multiple heirs, the property should be divided in accordance with the will and relevant laws and regulations, and the original property right certificate, will and other materials should be transferred to the competent department.

The procedures for real estate inheritance must go through the process of housing appraisal, inheritance notarization, and application for property rights registration. For a house that has received the "Real Estate Ownership Certificate", when the owner of the house dies, its legal heirs can apply for the registration of the inheritance of the house. Legal basis:

Article 10 of the Inheritance Law of the People's Republic of China The inheritance shall be inherited in the following order: first order: spouse, children, parents.

Second order: siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not.

If there is no first-order heir, the second-order heir shall inherit.

1. What is the new policy for inherited real estate?

On February 19, the three ministries and commissions jointly issued a new policy to adjust the preferential policies of deed tax and business tax in real estate transactions from February 22.

According to the provisions of the new national policy, if an individual purchases the only family house with an area of 90 square meters or less, the deed tax will be levied at a reduced rate of 1%; If the area is more than 90 square meters, the deed tax shall be levied at a reduced rate. For individuals who purchase a second set of improved housing for a family with an area of 90 square meters or less, the deed tax will be levied at a reduced rate of 1%; If the area is more than 90 square meters, the deed tax shall be levied at a reduced rate of 2%. Among them, the second improved housing for families refers to the second home purchased by families who already own a house.

In addition, if an individual sells a house that has been purchased for less than 2 years, the full amount of business tax will be levied; Individuals who will purchase housing for more than 2 years (including 2 years) are exempt from business tax.

2. The gift tax rate has not changed The tax rate on "selling" the house to the children is less taxable.

The house purchase and sale policy has changed so much, so what about the house gift policy?

If parents want to donate a 180-square-meter house to their children, the tax rate for the house gift has not changed, and they need to pay 3% deed tax, and both parties need to pay 5/10,000 stamp duty, which adds up to the tax.

In this way, after the deed tax and business tax in the real estate transaction link are reduced, if you "sell" the house to your children, you only need to pay 2% of the deed tax.

3. Tax rate for children gifted to a house.

1. Deed tax 3%.

2. Both parties to the donor shall pay 5/10,000 stamp duty.

Total amount of taxes paid. Tax rate for "selling" a home to a child.

1. Deed tax 2%.

The total amount of tax paid is 2%.

Link to Lhasa lawyer's website.

From the above content, we can know what the inheritance of the real estate is the new policy, the main content of the same right to rent and sell is to rent and buy residents enjoy the same treatment, this policy has been implemented in recent years, the state has been regulating housing prices, but can only regulate the growth rate, the inheritance of the real estate policy has a very preferential project, so as to protect the legitimate rights and interests of the parties from infringement.

A 20% tax is payable.

After the inheritance of real estate, the individual income tax is subject to tax again, and the balance of the income from property transfer after deducting the tax and related reasonable expenses paid in the process of receiving and transferring the house is the taxable income, and the individual income tax is calculated and paid at the use rate of 20%.

There is no time limit for the new title deed.

Article 29 of the Inheritance Law of the People's Republic of China stipulates that the division of inheritance shall be conducive to the needs of production and life, and shall not impair the utility of the inheritance. Inheritances that are not suitable for division may be disposed of by means such as discounting, appropriate compensation, or joint ownership.

This provision of the inheritance law states that there are two basic principles that should be followed when dividing the estate of a house.

Legal analysis: If the owner of the property did not leave a will during his lifetime, it is defined by law. If there are many heirs and they want to transfer to the name of one of them, then the other inheritors must renounce the estate.

If the owner of the property left a valid legal document during his lifetime, the appointment of an heir must be a notarized will made by the inheritor before his death to have legal effect.

1. After the inheritance begins, it shall be handled in accordance with the statutory inheritance; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

2. After the commencement of inheritance, if the heir renounces the inheritance, he shall make an expression of renunciation of the inheritance in writing before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance. The legatee shall, within 60 days after knowing of the bequest, make an expression of acceptance or renunciation of the bequest; If it is not indicated at the expiration date, it shall be deemed to have waived the bequest.

3. A natural person may make a will to dispose of personal property in accordance with the provisions of this Law, and may appoint an executor. 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.

A natural person may establish a testamentary trust in accordance with the law.

Legal basis: Article 14 of the Interim Regulations on the Registration of Immovable Property Article 14 Where an application for registration of immovable property is made for sale, creation of mortgage, etc., both parties shall jointly apply.

In any of the following circumstances, the party concerned may apply unilaterally:

1) The immovable property that has not yet been registered is applied for registration for the first time;

2) Inheritance or acceptance of bequests to acquire immovable property rights;

3) The establishment, modification, transfer, or extinction of immovable property rights in effective legal documents of the people's courts or arbitration commissions, or effective decisions of the people's courts;

4) The name or title of the right holder or the natural situation changes, and the application for modification of registration is made;

5) The immovable property is lost or the right holder gives up the rights of the immovable property and applies for cancellation of registration;

6) Applying for correction of registration or objection to registration;

7) Other circumstances where laws or administrative regulations provide that a unilateral application may be made by the parties.

The new policy on property inheritance is as follows:

1. Inheritance shall occur only after the death of the decedent and, in the case of real estate, the person who left the property;

2. The person who inherits the estate shall be the legal successor of the decedent, that is, the heir who can be the heir in accordance with the provisions of the law;

3. The inheritance shall be the property owned by the individual during the lifetime of the deceased.

Article 1127 of the Civil Code of the People's Republic of China.

The estate is inherited in the following order:

1) First order: spouse, children, parents;

2) Second order: siblings, grandparents, maternal grandparents.

After the succession begins, it is inherited by the heir in the first order of stupidity, and the heir in the second order does not; If there is no first-order heir, the second-order heir shall inherit.

For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship.

The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Hello, happy to answer for you. If you change your name between immediate family members, which is more appropriate, whether you want to donate or buy and sell?

Housing gift, sale and purchase are a way to obtain the ownership of the house, when the immediate family members divide the property, the gift and the sale of who is more suitable need to be combined with the specific analysis of the housing situation, the more suitable circumstances for buying and selling generally are: the buyer has no real estate under the name of the only buyer has no real estate and has been not the only one for two years: the buyer has 1 house under the name and the only gift of five is more suitable for the situation generally:

The donee has no real estate in his name or the real estate is less than 2 years old, and the donee already has two houses in his name (but when it is donated by non-immediate family members, if the house is not full of five houses, the sole donee needs to pay 20% difference tax).

Property inheritance. Compared with real estate gifts, there is no business tax, individual income tax and deed tax for real estate inheritance, and only notarization is required. However, compared with gifts, the business of property inheritance is relatively complex, and there are still some problems.

There is no time limit for the inheritance of the property, and it can be applied for whenever from the date of death of the owner of the house. The more time passes, the more cumbersome the formalities may be, and the cost may increase. For example, if an heir dies before the division of the estate, his heirs are entitled to inherit his share of the inheritance.

If multiple children inherit together, all heirs need to go to the notary office to apply for inheritance notarization, and if someone delays, the notary office cannot issue a notarial certificate. Without a notarial deed, it is not possible to register the transfer of ownership of a property in a non-litigation manner. Try to resolve the matter through negotiation, and if the negotiation fails, the court may consider making a judgment on the ownership of the estate in accordance with the law through litigation.

However, this method affects family affection and is also very expensive, so it should be carefully considered.