Is it necessary to pay the house repair fund and deed tax first to buy a house and get the keys?

Housing repairs** need to be paid at the time of delivery, and the deed tax is paid when the purchase contract is filed with the housing authority.

The payment of housing maintenance** is as follows: the owner shall pay for housing maintenance** before the house is handed over. The owner of the first phase of the special maintenance fund for the house can directly deposit it into the special account for the special maintenance fund for the house, or entrust the real estate development enterprise to pay it on behalf of the owner.

If the real estate development enterprise is entrusted to submit on behalf of the real estate development enterprise, the real estate development enterprise shall, within 30 days from the date of receipt of the housing maintenance, deposit the special housing maintenance funds into the special housing maintenance fund account.

Housing repairs** are jointly owned by all owners and are not allowed to be misappropriated by any one without permission, and will be dealt with with with warnings, fines or criminal detention once discovered. There are certain conditions for applying for housing maintenance**: housing maintenance** must be used for residential public parts and public facilities and equipment; It is used after the warranty period has expired; With the consent of the owners of 2 3 or more relevant income.

When the commercial housing is sold, the buyer and the selling unit shall sign an agreement on the payment of housing maintenance, and the buyer shall pay the housing maintenance to the selling unit at a rate of 2-3% of the purchase price. Repairs** collected by the selling unit on behalf of the owner are jointly owned by all owners and are not included in the residential sales revenue. The current standards for the deposit of the first phase of special maintenance funds are:

High-rise (including multi-storey with elevator) is 90 yuan square meter, multi-storey (including villa) is 50 yuan square meter.

According to the relevant regulations, the buyer shall declare the deed tax within 10 days after signing the "Commercial Housing Sales Contract", but according to the actual operation, the buyer generally pays the deed tax when handling the property right certificate and the deed transfer. For public maintenance, the time for the real estate administrative department to collect the maintenance is also when handling the property right certificate and deed transfer. The developer itself is not the collection department of deed tax and maintenance**, it only collects and remits on behalf of the developer.

That is to say, the relevant departments collect the deed tax and repair the deed when handling the property right certificate and the deed transfer. For the developer in the delivery of the house, the buyer is required to pay the deed tax and maintenance ** before taking the key, the key is the agreement between the buyer and the developer in the "Commercial Housing Sales Contract", if the contract clearly stipulates that the buyer must pay the deed tax and maintenance ** before taking the key, then the buyer should hand over the deed tax and maintenance ** to the developer for collection according to this agreement. If the contract does not expressly stipulate that the buyer must pay the deed tax and maintenance** before taking the keys, the developer has no right to require the buyer to pay the deed tax and maintenance** first.

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The materials required for the maintenance of real estate deed tax include ID card, purchase contract, purchase invoice, initial registration certificate of commercial housing, house ownership certificate, land use certificate and other certificates with the nature of land and house ownership transfer contracts.

[Legal basis].

Article 2 of the Measures for the Management of Special Residential Maintenance Funds.

These measures shall apply to the deposit, use, management and supervision of special maintenance funds for commercial housing and after-sales public housing. The term "special residential maintenance funds" in these measures refers to the funds used for the maintenance and renewal and transformation of the common parts of the residence and the common facilities and equipment after the expiration of the warranty period.

Article 18 of the Detailed Rules of the Provisional Regulations on Deed Tax.

The term "other documents with the nature of a contract for the transfer of land and housing ownership" in the regulations refers to contracts, agreements, contracts, documents, confirmations and other documents determined by the people of provinces, autonomous regions and municipalities directly under the Central Government.

19th regulations of the relevant information, refers to the land management department, real estate management departments for land, housing ownership change registration procedures for land, housing ownership, land transfer fees, transactions ** and other ownership change information.

The so-called housing maintenance**, also known as the special residential maintenance fund, includes the special maintenance of housing utilities and the maintenance of the housing itself. When buying a new house, you need to pay for home repairs**. The special maintenance fund for residential buildings is paid by all owners and belongs to all owners.

[Legal basis].

Article 281 of the Civil Code The maintenance funds of buildings and their ancillary facilities belong to the owners in common. By the joint decision of the owners, it can be used for the maintenance, renewal and transformation of common parts such as elevators, roofs, exterior walls, barrier-free facilities, etc. The raising and use of funds for the maintenance of buildings and their ancillary facilities shall be announced on a regular basis.

If it is necessary to maintain the building and its ancillary facilities in an emergency, the owners' general meeting or the owners' committee may apply for the use of the maintenance funds of the building and its ancillary facilities in accordance with the law.

When to pay the deed tax and maintenance** depends on the specific situation. The time of payment of deed tax shall be based on Article 8 of the Provisional Decree on Deed Tax, which stipulates that the time limit for the payment of deed tax shall be the day on which the taxpayer signs the contract for the change of ownership of land or house, or the day on which the taxpayer obtains other documents with the nature of a land or house ownership contract.

Repairs should be paid before the house is handed over. Under normal circumstances, the standard of late collection of public repairs is determined by the local real estate administrative authorities according to local practice, and is paid according to the share of 2% to 3% of the total purchase price of the buyer, and the public repairs collected are attributed to the owners of the community, which are not counted in the income of the house.

Deed Tax Law of the People's Republic of China

Article 9. The tax liability of the deed tax shall be the date on which the taxpayer signs the contract for the transfer of land or house ownership, or the day on which the taxpayer obtains other certificates with the nature of the land or house ownership transfer contract.

The Deed Tax Law of the People's Republic of China

Article 10. Taxpayers shall declare and pay the deed and transportation tax before going through the registration formalities for land and house ownership in accordance with the law.

Hello dear, I am happy to answer the <> of [Happy Orange Lead].

If the contract between the two parties clearly stipulates that the buyer must first pay the deed tax and maintenance** and then take the key, the buyer shall hand over the deed tax and maintenance ** to the developer for collection according to this agreement. If the parties do not expressly stipulate in the contract that the buyer must pay the deed tax and maintenance** before taking the key, the Tingqiao developer has no right to require the buyer to pay the deed tax and maintenance** first. In fact, the deed tax collected by the tax authorities is paid by the purchaser when handling the property right certificate and transferring the ownership.

Late fees and fines will be imposed for late payment and non-payment.

Legal analysis: Some of the maintenance of the community is stored in the property management company, some are handed over to the developer, and some are handed over to the housing authority for management, and the deed tax is basically handed over to the local tax bureau.

Legal basis: God is aware of the Deed Tax Law of the People's Republic of China

Article 1 Units and individuals who transfer the ownership of land or 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 2 The term "transfer of land and housing 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.

Article 3 The deed tax rate shall be 3 to 5 percent.

The specific applicable tax rate of deed tax shall be proposed by the people of provinces, autonomous regions and municipalities directly under the Central Government within the range of tax rates specified in the preceding paragraph, and shall be reported to the Standing Committee of the People's Congress at the same level for decision, and shall be reported to the Standing Committee of the National People's Congress and the People's Congress for the record.

Provinces, autonomous regions, and municipalities directly under the Central Government may, in accordance with the procedures provided for in the preceding paragraph, determine differential tax rates for the transfer of ownership of different entities, different regions, and different types of housing.

Hello, it is a pleasure to serve you and give you the following answers: Deed tax and maintenance** are the fees that must be paid when buying a house, they are contractual agreements between the buyer and the seller, and the buyer must pay according to the agreement. Workaround:

1.First of all, buyers should carefully read the house sale and purchase contract to understand the amount of deed tax and repairs** and the payment method of supporting the loss. 2.

Secondly, the buyer should pay the deed tax and repairs according to the time and manner agreed in the contract**. 3.Finally, buyers should keep receipts for deed tax and repairs** so that they can look up if needed in the future.

Personal tip: When buying a house, be sure to read the house sale and purchase contract carefully, understand the amount and payment method of deed tax and maintenance**, pay the deed tax and maintenance** according to the time and method agreed in the contract, and keep the receipt of the deed tax and maintenance** so that you can check it when you need to roll over the calendar in the future.