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During the transfer of ownership of a second-hand house, the details of the fees that both parties to the transaction need to pay are as follows:
The tax on second-hand housing is based on a variety of factors, and the specific details are as follows (unless otherwise agreed by both parties, business tax and personal income tax shall be borne by the seller):
1. Deed tax: (generally paid by the buyer, unless otherwise agreed by both parties).
1. Gifts between parents and children are exempt from deed tax.
2. The buyer pays 1% for the first purchase of a property of less than 90 square meters;
3. The buyer's first purchase of a property of more than 90 square meters (including 90 square meters) and less than 144 square meters shall be paid according to the payment;
4. Pay at 3% in the following cases:
1) 144 (including 144 square meters) square or more;
2) the buyer is not a first-time buyer;
3) garage;
4) Non-ordinary residential (commercial buildings).
2. Business tax: (generally paid by the seller, unless otherwise agreed by both parties).
1. After the real estate certificate is completed for 2 years, ordinary residential properties below 144 square meters are exempt from business tax.
2. If the real estate certificate is less than 2 years, the business tax shall be paid;
3. If the area of the house exceeds 144 square meters, the real estate certificate shall be paid according to the difference for 2 years, and the calculation formula is: (last purchase ** - now ****) * tax rate.
4. The calculation formula for the payment of the difference between the shops is: (last purchase ** - now ****) * tax rate.
3. Individual income tax: (generally paid by the seller, unless otherwise agreed by both parties).
1. The real estate certificate has been completed for five years, and it is the only set of real estate in the name of the seller and his wife that is exempt from individual income tax.
2. If the seller's husband and wife are not the only property or the real estate certificate is less than 5 years, they shall pay 1%.
3. The shop shall pay according to the difference, and the calculation formula is: (last purchase ** - now ****) * tax rate of 20%.
Fourth, other expenses are relatively small:
Transaction fee: 6 yuan square * number of square houses
Production cost: 80 yuan for one certificate; Two documents 90
Appraisal fee: 5/1000 of the total amount assessed (bank loan needs to be paid).
Mortgage production cost: 100 yuan (bank loan needs to be paid).
Proof of house purchase: 20 yuan a copy of 3 copies are generally required.
5. Notarization fee: 300 yuan (if you can't handle it in person, you need to handle this business fee).
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What are the general costs of conveyancing?
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The transfer fee is charged as follows:
1. Deed tax, the deed tax shall be borne by the buyer, and handed over to the Housing Authority on the day of transfer. The deed tax is levied at different points depending on the situation of the house purchased. If an individual buys his or her first house with an area of 90 square meters or less, the deed tax will be levied at the taxable rate of **1%, and if the area is more than 90 square meters, it will be levied at the taxable rate**.
If an individual buys a second house with an area of 90 square meters or less, the deed tax will be levied at the taxable rate of **1%, and the deed tax will be levied at a reduced rate of 2% for the area of more than 90 square meters;
2. Value-added tax and additional tax, according to the regulations, value-added tax and additional tax are borne by the seller, but in the transaction of second-hand housing, in many cases, this cost has to be borne by the buyer. The VAT rate is 5%, the house ownership certificate of the individual ** is less than 2 years, and the VAT needs to be paid in full, and the individual will buy more than 2 years of Xiling non-ordinary housing for external sales, according to the difference of 5% of the value-added tax, and the individual will buy more than 2 years of ordinary housing for external sales, exempt from VAT;
3. Individual income tax, according to the regulations, is also paid by the seller, but in fact, it is mostly paid by the buyer. There are two methods of calculating individual income tax, one is 20% of the transaction difference, and the individual income tax is more, but if certain conditions are met, it can be reduced or reduced, that is, it is the only one that meets the full five, and it is exempt from individual income tax;
4. Intermediary fees, most buyers will trade second-hand houses through intermediaries, but they need to pay intermediary fees when using intermediaries, and the intermediary fees charged by brokerage companies in the market are mostly 1 to 3%. If the buyer wants to save on this cost, they can also choose to trade on their own;
5. Other expenses. Transaction fees, transaction fees are generally required to be paid by both buyers and sellers, in most cities the fee standard is yuan per square meter, property rights registration fees, property rights registration fees are paid by the buyer, residential is 80 yuan per set, non-residential units are 550 yuan per set, land value-added tax, non-residential secondary transactions need to pay land value-added tax, housing reform and other special types of housing secondary transactions need to pay land transfer fees, the specific standards are subject to local regulations.
[Legal basis].
Deed Tax Law of the People's Republic of China
Article 2 The term "transfer of land and house ownership" as used in this Law refers to the following acts:
1) the transfer of land use rights;
2) the transfer of land use rights, including **, gifts, and exchanges;
3) Sale, gift, and exchange of houses.
The transfer of land use rights in item (2) of the preceding paragraph does not include the transfer of land contract management rights and land operation rights.
Where the ownership of land or houses is transferred by means of investment (shareholding), debt repayment, transfer, reward, etc., deed tax shall be levied in accordance with the provisions of this Law.
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In the actual process of buying and selling a house, the cost of transferring the house is generally negotiated by both parties. Or before the sale and purchase transaction, the seller's ** includes the cost of closing the house. The parties may negotiate the cost of transferring the house, and the buyer of the house is willing to bear part or all of the transfer costs.
1. Real estate transfer process:
1. If the transfer of the real estate certificate does not go through the real estate agency, the terms of the contract and the terms of breach of contract must be clearly written, and the party with the name on the seller's real estate certificate must be present when signing the contract (if it is married, both husband and wife need to be present and sign, even if there is only one person's name on the real estate certificate).
2. After the application materials are ready, you must go to the real estate bureau to fill in some ** and a stock contract, and the amount on the stock contract must be the same as the amount on the signed contract.
3. After the application materials for the transfer of real estate are handed over to the Real Estate Bureau, the Real Estate Bureau will give a receipt to pay the tax according to the daily wisdom period stated on the receipt form, which generally takes about 15 working days.
4. After the real estate transfer tax is paid, you can get the real estate certificate.
2. The taxes and fees to be paid for the transfer of the house are:
1. Deed tax: usually 1% of the house price (1% can be paid for the area of less than 90 square meters and the first house, paid for the area of more than 90 square meters and less than 144 square meters, and 4% for the area of more than 144 square meters).
2. Business tax: If the real estate certificate is less than 5 years old, the property certificate can be exempted from business tax after five years.
3. Self-income tax, 1% (exempted if the real estate certificate is over 5 years old and only has a residence).
4. Sales fee: 3 yuan per square meter (but usually the buyer needs to pay the sales fee on both sides, that is, 6 yuan per square meter).
5. Surveying and mapping fee: according to the detailed rules of each district.
6. Ownership registration fee and certificate collection fee: usually within 200 yuan.
Legal basis: "Interim Regulations on the Registration of Immovable Property".
Article 20 The immovable property registration authority shall complete the formalities for the registration of immovable property within 30 working days from the date of acceptance of the application for registration, except as otherwise provided by law.
Article 21 The registration of registered items shall be completed when they are recorded in the immovable property register. When the immovable property registration authority completes the registration, it shall issue the immovable property ownership certificate or registration certificate to the applicant in accordance with the law.
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Legal analysis: The cost of house transfer shall be borne by the seller, and the transfer of house property rights is the legal obligation of the seller, and the corresponding expenses shall also be borne by the seller in accordance with the law. Therefore, the expenses incurred in the transfer of ownership have been agreed by both parties and have not agreed to be paid according to the law.
Legal basis: Article 598 of the Civil Code of the People's Republic of China: The seller shall perform the obligation to deliver the subject matter to the buyer or deliver the documents for the extraction of the subject matter, and to transfer the ownership of the subject matter.
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Two ways to handle the transfer of property rights;
1. Handle the transfer of housing property rights according to the gift of housing property rights;
1. Parents bring "ID Card", "Household Booklet", "Marriage Certificate", "House Ownership Certificate", "Paternity Certificate" and children bring "ID Card", "Household Booklet" and "Marriage Certificate" to the local notary office to notarize the "Housing Property Rights Gift Contract", and then bring the above procedures to the local housing property rights registration department to go through the housing property rights transfer procedures, and transfer the house property rights to the children's names.
2. Transfer costs;
1) Notary fee; Pay at 2% of the room price, 2) Assessment fee: Pay according to the room price.
3) Deed tax; Pay at 3% of the room rate.
4) Land Appreciation Tax; Pay at 1% of the room rate.
5) Income tax; Pay at 1% of the room rate.
6) Housing property registration fee: RMB.
2. Handle the transfer of ownership according to the sale and purchase of the house;
1. Parents bring "ID Card", "Household Booklet", "Marriage Certificate", "House Ownership Certificate" and children bring "ID Card", "Hukou Booklet" and "Marriage Certificate" to the local housing property registration department to go through the procedures for the transfer of housing property rights, and transfer the property rights of the house to the name of the children.
2. Transfer costs;
1) Deed tax; For first-time buyers of less than 90 square meters, 1% shall be paid; 90-140 square meters according to the house price; For more than 140 square meters, 3% of the room price will be paid.
2) Business tax: Exemption for those who have obtained the property right for five years, and payment according to the house price if it has not exceeded five years.
3) Land Appreciation Tax; The property right of the house is exempted for five years, and the payment is 1% of the house price if it is not more than five years.
4) Income tax: Exemption for five years of property rights, less than five years of payment at the rate of 1% of the house price or 20% of the difference between the original value of the house and the current value of the house. (The original value of the house is generally calculated according to the tax paid amount of the previous deed tax).
5) Housing transaction fee; According to the building area of 6 yuan square meter payment.
6) Housing property registration fee: RMB.
7) Housing appraisal fee; Pay according to the assessed amount.
3. You choose which one to use.
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What are the general costs of conveyancing?
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Taxes and fees that need to be paid for general second-hand housing transactions:
1. Taxes and fees payable by the buyer:
1. Deed tax: 3% for the house (3% for the area of more than 144 square meters, 1% for the area of less than 90 square meters and the first house).
2. Stamp duty: for the house payment.
3. Transaction fee: 3 yuan per square meter.
4. Surveying and mapping fee: yuan square meter.
5. Ownership registration fee and evidence collection fee: generally within 200 yuan.
2. Taxes and fees payable by the seller:
1. Stamp duty: of the house payment.
2. Transaction fee: 3 yuan per square meter.
3. Business tax: the full amount of the real estate certificate is less than 5 years).
4. Individual income tax: 20% of the profit part of the real estate transaction or 1% of the house price (the real estate certificate can be exempted if it is the only house for 5 years).
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Legal analysis: who will bear the second-hand car transfer fee, different cities, the specific second-hand car transfer costs are not the same, consumers need to pay the relevant fees according to the local situation, as for whether the cost is borne by the buyer or the seller mainly depends on the negotiation between the two parties.
The second-hand housing transaction tax is a large expense in the second-hand housing sales transaction, and this fee is usually borne by both parties through negotiation, and is generally paid by the buyer. However, according to the relevant laws and regulations of our country, the taxes and fees borne by the buyer are the registration fee for the transfer of the second-hand house, the deed tax for the transfer of the second-hand house, and the verification fee for the transfer of the second-hand house. The expenses borne by the seller are the land income from the transfer of the second-hand house, the tax on the transfer of the second-hand house, the surcharge related to the business tax, the personal income tax on the transfer of the second-hand house, and the assessment fee.
The costs that the buyer and the seller need to share equally are the service fee for the second-hand housing transaction procedures and the stamp duty for the transfer of the second-hand house.
Legal basis: Article 12 of the Land Management Law The registration of land ownership and use rights shall be carried out in accordance with the laws and administrative regulations on the registration of immovable property.
The ownership and use rights of land registered in accordance with the law are protected by law and may not be infringed upon by any unit or individual.
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The transfer fee refers to the fee paid for the change of equity registration after the transaction of ** and ** after the transaction of the entrusted transaction. This income belongs to the income of the ** registration and clearing institution, and the hand is deducted by the ** business institution when clearing and closing with the investor.
At present, the transfer fee charged by the Shanghai Stock Exchange in China is not charged by the Shenzhen Stock Exchange.
You are married, and you basically need to go to the housing authority to handle the transfer of real estate during the marriage, and you need to take the real estate certificate when you transfer the property, and then pay the deed tax, so that you can go through the transfer procedures.
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