How to handle the registration of the transfer of state owned land use rights?

Approval process. 1. If the transfer of the allocated land use right needs to go through the transfer procedures, it shall be handled in accordance with the transfer procedures;

2. Transfer of the transferred land:

1. Application and transfer agreement between the two parties to the transferor;

2. Review the materials and fill in the transfer report;

3. Examination and approval of the conference office;

4. Pay taxes and fees;

5. Issue approval documents.

Relevant materials to be provided.

1. If the transfer of the allocated land use right needs to go through the transfer procedures, the required materials shall be provided in accordance with the requirements of the land transfer;

2. Transfer of the right to use the transferred land:

1. Application by both parties to the transfer;

2. State-owned land use certificate, transfer contract and approval documents;

3. Land transfer agreement;

4. For the division and transfer of parcels, the approval procedures of the planning department and the cadastral boundary survey map shall be provided;

5. Proof of identity of both parties;

6. If the real estate transfer has been handled, the real estate certificate shall be provided.

Time limit for approval. 1. The transfer of the allocated land use right shall be subject to the time limit for examination and approval of the transfer;

2. The transfer of the transferred land use right shall be completed within 10 working days after the materials are complete.

The above was published on 2014-07-15, the current relevant housing purchase policy please refer to the actual situation).

After obtaining the state-owned land use right by way of transfer, the transferee must, within 30 days after paying the full price of the transferred land, apply to the land administration department for land registration with the land registration application, the land use right transfer contract, the certificate of payment of the land price and the identity certificate. After receiving the application for land registration, the registration authority shall conduct investigation and review in accordance with the prescribed procedures, and if it meets the requirements, it shall be given registration, fill in the "Land Registration Card" and "Land Return Card", and issue a state-owned land use certificate by **.

Legal analysis: The process of land use and spring certificate cultivation and burial resistance is as follows: 1. To apply for a state-owned land use certificate, Liqing must first prepare the required materials, and then go to the Land and Resources Bureau to apply for registration; 2. Investigate, verify and survey the land of the land registration applicant, and determine whether there is any discrepancy between the land situation and the applicant's registration situation; 3. If there is no discrepancy after verification, it will be approved.

Legal basis: "Regulations on the Implementation of the Land Management Law of the People's Republic of China" Fifth units and individuals use State-owned land in accordance with the law, by the land user to the land at or above the county level of the people's land administrative departments to apply for land registration, by the people at or above the county level to register and make a register, issued a certificate of State-owned land use rights, confirm the right to use. Among them, the registration and issuance of state-owned land used by state organs, by the land administrative departments are responsible, the specific registration and certification measures are formulated by the land administrative departments in conjunction with the relevant departments such as the Administration of Government Affairs.

State-owned land that has not been determined to use shall be registered and registered by the people at or above the county level and shall be responsible for protection and management.

Article 25 of the Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights (Order No. 55 of May 19, 1990) stipulates that the transfer of ownership of land use rights and above-ground buildings and other attachments shall be registered in accordance with the regulations.

The right to use land has a term of use, 70 years for residential land, 50 years for industrial land, and 50 years for educational land and scientific and technological and cultural land. If the land use right has expired, then you can go to the local ** land management department to apply for renewal, if ** is the whole body, then you can continue to use.

1. What are the other fees to pay for the purchase of land use rights?

1. Business tax and surcharge (transferor):

1) Pay 5% business tax on the difference between the transfer price and the purchase price.

2) Pay 7% urban construction tax and 3% education surcharge according to the business tax paid.

2. Stamp duty and deed tax (both sides):

1) Stamp duty paid on the amount stated in the document (contract) of the transfer of property rights.

2) Pay 3% deed tax (5% in some places) according to the transaction** (contract).

3. Land Appreciation Tax (Transferor):

1) Pay LAT according to the value-added amount of the income obtained after deducting the amount of the prescribed deduction of the item.

2) Prescribed deductions: the amount paid for obtaining land use rights; the cost and expense of developing the land; Taxes related to the transfer of real estate, etc.

3) The tax rate is determined in four levels: the part of the value-added amount that does not exceed 50% of the amount of the deducted item is taxed at 30%; If the value-added amount exceeds 50% to 100% of the amount of the deductible item, the tax rate is 40%; If the value-added amount exceeds 100% to 200% of the amount of the deducted items, the tax rate is 50%; If the value-added amount exceeds 200% of the amount of the deductible item, the tax rate is 60%.

1. The term of land use right transfer.

1. Provisions on the maximum term of transfer of urban state-owned land use rights:

1) Seventy years of residential land.

2) Fifty years of industrial land.

3) Fifty years of land for education, science and technology, culture, health and sports.

4) Commercial, tourism and entertainment land for 40 years.

5) Fifty years for comprehensive or other land use.

2. Upon the expiration of the land use right, the land use right and all the rights of the above-ground buildings and its mountain attachments shall be acquired by the state free of charge. The land user shall return the land use certificate and cancel the registration in accordance with the regulations. When the land use right expires, the land user may apply for renewal.

If the renewal is approved by the first person, the contract shall be re-signed, the land use right transfer fee shall be paid, and the registration shall be handled.

1) If the land-using unit needs to allocate the right to use state-owned land, it can submit an application and relevant documents to the office window of the Municipal Land and Resources Bureau. (2) the office staff of the land use window on the acceptance of the application for allocation of land and related materials for the preliminary examination, after the preliminary examination of the construction project included in the "allocation of land catalogue" and the materials are complete, the application for the allocation of land and other land materials shall be accepted, and the issuance of the "transfer and rotation of the transfer of land procedures for handling the notice". 3) The Land Use Department, in conjunction with the relevant departments within the Bureau, shall conduct on-site surveys and surveys, and notify the applicant in a timely manner of the amount of the levy of the Laxiang allocation fee; (4) The applicant land-using unit shall pay the fees for the allocation of land use rights to the window in accordance with the charging standards stipulated by the state.

5) The land use department shall complete the procedures for the allocation of state-owned land within five days, and shall notify the applicant in a timely manner. (6) The applicant unit shall obtain the "State-owned Land Allocation Decision" from the window with the "Notice of Procedures for Transferring and Transferring Land" and the payment voucher. 7) The land-using unit shall apply for land registration procedures and obtain the land certificate with the "State-owned Land Allocation Decision".