Do children need to transfer their parents real estate if they inherit it?

What are the costs of transferring an inherited property?

Inheritance notarization will do.

Take the title deed.

Death certificate. And notarized will to the notary office to do the notarization of the estate fee 200, so that there is no need to transfer the ownership.

Feel free to sell it when you want to.

Legal analysis: the main cost of the gift is individual income tax + deed tax + jujube type certificate fee.

If the transfer is made by gift, there is no business tax, but because the gift is considered to be a gratuitous gift, the donee needs to pay individual income tax, as well as deed tax and gift notary fees, which are much higher than the taxes and fees for the sale and transfer. However, for the donated property, the bank will generally determine that the recipient accepts the gift free of charge, and there is no actual transaction, so the donated house cannot apply for a mortgage loan.

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 mortgages, etc., both parties shall jointly apply for it.

In any of the following circumstances, the parties may apply unilaterally:

1) The immovable property that has not yet been registered is applied for registration for the first time (2) the inheritance or acceptance of a bequest to obtain the right to immovable property (3) the establishment of the right to immovable property in the effective legal documents of the people's court or the arbitration commission or the effective decision of the people, etc. (4) the name of the right holder is guessed, the name or the natural situation changes rapidly, and the application for change of registration is applied for (5) the immovable property is lost or the right holder gives up the right to immovable property, and the application for cancellation of registration is applied for (6) the application for correction of registration or objection to registration (7). Other circumstances where laws and administrative regulations provide that a unilateral application may be made by the parties.

Legal analysis: 1. Gift: Only 3% deed tax is paid at the time of the first transfer.

The taxes and fees that need to be paid for the "gift" of real estate include deed tax, notary fees and registration fees, the most important of which is the deed tax, which is 3% of the house appraisal **, generally speaking, 3% of the market**. The current market price of a house is 1.2 million yuan, and the deed tax is 10,000 yuan. If the child is the only house after 5 years of the real estate certificate, he or she can be exempted from business tax and personal income tax, and only need to pay a small handling fee.

If the children have a ** house less than 5 years after receiving the gift, or the children own multiple properties, according to the current operation method, the children can only pay individual income tax according to the actual collection method, that is, 20% of the transfer income minus reasonable expenses, and also pay the business tax of the transfer income.

2. Trading: Sell again within 5 years to pay less tax.

If parents "sell" a property to their children, they are required to pay personal income tax of 1% of the total assessed value. Since the real estate certificate is less than 5 years old, there is also a business tax on the value-added part. Children are required to pay a 1% deed tax.

When the child transfers the property again in the future, if the title deed has been obtained for 5 years and it is the only house, the daughter only needs to pay a small transaction fee. If the child sells the house in the future without waiting for the real estate certificate to expire for 5 years, it is more economical for the father and daughter to use the method of "buying and selling" than "gifting". In addition, if the daughter's real estate certificate is more than 5 years old, she should sell this house first and then buy a big house, which can save a lot of taxes and fees.

3. Inheritance: the most economical tax system.

Theoretically, leaving the property to the daughter by inheritance is the least taxable way, and if nothing else, you can wait until the death of the parents to complete the transfer process, which requires only a small registration fee and stamp duty. After the children have obtained the real estate certificate through inheritance for 5 years, if there is no other property at the time of the property, they can be exempted from paying personal income tax and business tax at the same time, and only need to pay a small transaction fee.

Legal basis: Civil Code of the People's Republic of China

Article 1127 Inheritance shall be inherited in the following order:

1) First order: spouse, children, parents;

2) 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 inherit; 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.

Article 1128:Where the children of the decedent die before the decedent, the blood relatives of the children of the decedent are to inherit by subrogation.

If the decedent's siblings die before the decedent, the children of the decedent's siblings shall inherit by subrogation.

Subrogated heirs can generally only inherit the share of the estate to which the subrogated heir is entitled.

There is no transfer fee, because the children have the right to inherit the parents' property, so when the parents are gone, the property is naturally inherited by the children, so there is no transfer fee. However, it is necessary to pay the deed tax and stamp duty of the house price, and the business tax of the property less than five years must be paid, and the personal income tax of 20% must be paid. There are two types of inheritance, one is statutory succession and the other is testamentary succession.

Statutory inheritance is the passing and distribution of houses in the order of inheritance without a will. If there are two children, but the elderly only want to give the house to one of them, then it is necessary to make a will in advance to designate who will be the heir.

Deed Tax Law of the People's Republic of China

Article 1. Units and individuals who transfer the ownership of land and houses within the territory of the People's Republic of China are taxpayers of deed tax and shall pay deed tax in accordance with the provisions of this Law. Article 4.

Basis of deed tax:

1. The transfer of land use rights, the sale and purchase of houses, and the transaction determined by the contract for the transfer of land and housing ownership, including the currency to be delivered and the price corresponding to the physical and other economic benefits;

2. The exchange of land use rights and houses is the difference between the land use rights and houses exchanged;

3. The donation of land use rights, housing gifts and other acts of transferring land and housing ownership without ** shall be approved by the tax authorities in accordance with the law with reference to the land use right and the market for housing sales.

If the difference between the transaction and the swap declared by the taxpayer is obviously low and there is no justifiable reason, the paragraph shall be verified by the tax authorities in accordance with the provisions of the Law of the People's Republic of China on the Administration of Tax Collection. Hold the traces of brothers.