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1. Whether the materials provided by the parties are legal and valid;
2. Whether the content of the application form is consistent and correct with the materials provided;
3. Whether the ownership of the real estate is clear, whether there are any ownership disputes or unclear other rights, and whether it falls within the scope of the "Measures for the Transfer of Real Estate";
4. Whether the transferee can transfer the real estate in accordance with the regulations;
5. Whether the real estate to be bought and sold has been mortgaged;
6. Whether the lessee waives the right of first refusal in the purchase and sale of leased real estate;
7. Whether the co-owners waive the right of first refusal in the purchase and sale of jointly owned real estate;
8. Other contents that the real estate transaction management agency believes should be reviewed.
If the buyer and seller have any objection to the decision not to transfer the ownership made by the municipal, district or county real estate transaction management agency, they may apply to the municipal real estate bureau for administrative reconsideration, or they can directly file a lawsuit with the people's court.
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With the real estate certificate, ID cards of both parties, household registration, and marriage certificates, go to the housing authority to check the file (to verify whether the buyer is a second home), and then handle the transfer with the file check form and the above materials.
1.Deed tax: If the purchaser is a second property: 3-4%; 3-4% for the first property over 144 square meters; 90-144 square meters; 1% for less than 90 square meters.
2.Business tax of the transaction price (exempted for 5 years);
3.Personal income tax 1 of the transaction price;
4.Transaction fee: 6 yuan m2;
5.Transfer registration fee: 80 yuan.
There is no necessary connection between the location of the household registration and the transfer of real estate, and it does not affect the transfer.
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First of all, select the house to be purchased, sign the sales contract, pay part of the house payment, and then go to the real estate transaction to go through the real estate transfer procedures.
To go through the transfer procedures of the property, you must first register and fill in the relevant **. If you have a computer at home and are familiar with the online signing operation process, you can register online online first and then handle the real estate transaction, and you can make an appointment in advance. Because there are many people handling real estate transactions, making an appointment in advance can save a lot of time and shorten the processing time.
After receiving the number, hand in the relevant materials, if there is a proof of power of attorney, also hand in together, the real estate transaction will be given a receipt after the review of the information, tell the specific time to pay the tax, and then go through the remaining transfer procedures of the real estate transaction after paying the tax.
Go to the tax department to pay the relevant taxes and fees for the transfer procedures, and after getting the tax payment voucher, return to the real estate transaction to continue processing.
After the formalities are completed, you need to wait for about a few days, and you can take your documents to the property right certificate window to get a new real estate certificate.
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Answer: The small property cannot be transferred, and the small property has not been legalized for the time being, so it will not be registered as real estate. Land for rural residential buildings can only be allocated to the villagers in their own villages, and urban residents are not allowed to purchase homesteads, peasant houses, or houses with small property rights in rural areas. Therefore, even if the parties have signed the "House Sale and Purchase Contract", it is invalid.
For the real estate certificate issued by the village committee, the real estate certificate can only be issued by the national unified real estate authority, and the village committee does not have the power to issue the certificate.
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My situation is a little bit special because someone else owes my boyfriend money for the project and is going to transfer the house to my boyfriend's family but we are not married yet, will this affect or do I need any other formalities?
In this case, you can transfer the ownership according to the gift.
It doesn't matter what your relationship with the other person is.
1. Business tax. According to the relevant provisions of the current Provisional Regulations on Business Tax and its implementation rules, if a unit or individual donates immovable property or land use rights to other units or individuals free of charge, it shall be deemed to have a taxable act, and in principle, the donor is required to pay business tax, and the tax rate for paying business tax is 5%. 2. Additional tax.
The additional tax is borne by the donor, and will only be levied under the premise that business tax, value-added tax and other taxes need to be levied, and it will be paid according to a certain proportion of the business tax payable, the specific proportion is: urban construction tax (7%), education surcharge (3%). 3. Deed tax.
The recipient of the donated property is required to pay the deed tax in full, at the rate of 3%. 4. Stamp duty. It means that if the full amount is to be paid, the two parties to the contract shall pay according to the proportion of the house.
5. Individual income tax. The donation of real estate between close relatives and persons with a relationship of support or support, as well as the acquisition of real estate by inheritance or bequest, shall be exempted from individual income tax.
The donated immovable property needs to be registered for transfer to take effect, and the materials required for transfer registration are: registration application; Identification materials and power of attorney of the applicant and ** person; Relevant proof of real estate ownership**, proof of registration reason, real estate ownership certificate; Materials such as the boundary of the real estate, the spatial boundary, the area, etc.
Question: Is it correct to pay all five taxes?
Ask a question: Okay, thank you.
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How to handle the transfer of real estate between husband and wife?
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At present, the taxes and fees involved in the sale and purchase of second-hand houses mainly include:
1. Business tax (seller): The Ministry of Finance and the State Administration of Taxation jointly issued a notice on December 30, 2008 that the new implementation standard of business tax for second-hand housing will be from January 1 to December 31, 2009. The new policy relaxes the previous policy of exempting the purchase of a house from business tax for 5 years:
If an individual purchases a non-ordinary house for less than two years and sells it externally, the business tax shall be levied in full; If an individual purchases a non-ordinary house for more than two years (including two years) or sells an ordinary house for less than two years, the business tax shall be levied on the difference between the sales income and the purchase price of the house; Individuals who purchase ordinary housing for more than two years (including two years) and sell it to the outside world are exempt from business tax.
2. Individual income tax: The purchased house is charged when it is listed and traded for less than five years, and there are two ways, the tax rate is 20%, which is calculated and levied according to the income from property transfer (this transaction** - the original price of the house - the original deed tax - the business tax paid - reasonable expenses); Failure to provide the original purchase invoice will be levied at 1% of the transaction**. Seller's assumptions.
My community property and house cat to find a house cooperation, if you have any questions to the property consultation, I don't know if there is so the community has cooperation, you can go to the property to ask.
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After buying a house and paying for the house, you need to go to the housing authority in time to go through the transfer procedures, and only by transferring the property rights of the house to your own name can you protect the interests of the buyer. So how to handle the house transfer procedures, and how much transfer costs are required for the house transfer, do you know it? Now let's take a look at it.
1. How to handle the procedures for the transfer of ownership of the house.
1. After the selection of **, pay a part of the house payment and sign the purchase contract; 2. Both parties bring relevant materials to the housing authority for registration and apply for transfer procedures; 3. The buyer and seller go to each window to pay the fees required for the transfer and get the payment certificate; 4. Submit the payment certificate to the transfer window and wait for the staff to review it; 5. Wait for the notice to receive a new real estate certificate.
2. How much transfer costs are required for the transfer of ownership of the house.
1. If the transaction is handled through a real estate agency, then it is necessary to pay a certain intermediary fee to the intermediary company according to the regulations, and the intermediary fee is generally 2% 3% of the appraisal price of the house.
2. Before going through the transfer procedures, you need to pay certain taxes and fees. If you have lived in the house for 5 years, you can be exempted from paying 1% personal income tax and value-added tax. Buyers need to pay deed taxes, appraisal fees, registration fees, and transaction fees.
3. If the house is an affordable house, if it has not been lived in for 5 years, it needs to be guided according to the ** issued ****; After 5 years of living, you will need to pay an additional 10% of the total amount of the house as land compensation when you trade for the house.
As for how to handle the house transfer procedures and how much transfer costs are required for the house transfer, I will introduce it here, do you understand? Before going through the transfer procedures, you need to bring the corresponding materials and proof of tax payment, so as not to waste too much time in the transfer process.
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Legal analysis: First of all, for the second-hand housing transaction, we must remind the buyer that the identity of the homeowner needs to be checked first, and the identity certificate and real estate certificate of the homeowner must be verified clearly, and then the state of the house must be understood, whether there is a mortgage, whether it is rented, and whether the surrounding environment and the collapsed structure, house type, and supporting facilities of the house meet their own requirements. After considering these factors, friends who feel that the house is suitable and the house price is also suitable can sign a house purchase contract with the homeowner, Fan Huaiyuan, and submit it to the notary public for notarization after signing.
Next, the buyer and seller bring the notarized contract and their respective identity certificates, marriage certificates, real estate certificates and other materials to the housing management to register and go through the transfer procedures, and declare the first class of the house. Of course, the transfer procedure is not so arbitrary, and the staff will need time to review the materials we submit, and after the review is completed, we will be notified in writing.
We all know that there are a variety of taxes and fees to be paid in the transaction of second-hand housing, but the taxes and fees that need to be paid in the second-hand housing transaction are related to the type and area of the house, which is as large as a few thousand yuan and as small as a few dollars, so it is not easy to define whether the taxes are expensive or not. After the tax payment is completed, we can obtain the relevant tax payment voucher.
Generally speaking, as long as the documents are complete, the taxes and fees are paid clearly, and the new real estate certificate can be obtained immediately, so that the real estate transfer procedures of the buyer and seller are completed.
Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 60 When real estate is transferred or changed, it shall apply to the local people's real estate management department at or above the county level for the registration of real estate change, and apply to the people's land management department at the same level for the registration of land use right change with the changed house ownership certificate, and the people's land management department at the same level shall replace or change the land use right certificate after verification by the people's land management department at the same level.
Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.
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If you have a real estate certificate, bring the original real estate certificate, the original ID cards of the buyer and the seller, and go to the housing authority to sign the contract for the transfer. If it is a rural area and does not have a real estate certificate, the district housing management bureau is not required. You can find a lawyer to be fair, or a third party can sign an agreement or something.
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Procedures required for the transfer of ownership of the house: 1. Sign the contract; 2. Bring relevant information for transfer registration and wait for review; 3. Pay taxes and obtain tax payment certificates; 4. Obtain the real estate certificate and complete the transfer.
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It depends on how your sales contract is agreed, the developer cannot develop commercial housing without development qualifications, please go to the local housing authority to ask whether the house you buy is a second-hand house.
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For the transfer of real estate, bring the real estate certificate, ID cards, household registration, and marriage certificates of both parties, and go to the housing authority to check the file first (to verify whether the buyer is a second house), and then handle the transfer with the file check form and the above materials.
1.Deed tax: If the purchaser is a second property: 3-4%; 3-4% for the first property over 144 square meters; 90-144 square meters; 1% for less than 90 square meters.
2.Sales tax.
Transaction price. 5 years free from hardship);
3.Personal income tax.
1 of the sold price
4.Transaction fees.
6 yuan segment m2;
5.Transfer registration fee.
80 yuan piece.
There is no necessary connection between the location of the household registration and the transfer of real estate, and it does not affect the transfer.
If one of the spouses is unable to show up for the transfer of ownership, a power of attorney must be written. >>>More
Divorce by mutual agreement shall be handled at the marriage registration authority at the place where one party is registered. If the agreement fails, the defendant sued for divorce in the defendant's local court.
Article 8 of the Marriage Law stipulates that a man and a woman who wish to marry must register their marriage in person at the marriage registration office. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. Obtaining a marriage certificate establishes the relationship between husband and wife. Where marriage registration has not been completed, the registration shall be re-registered. >>>More
If the transfer of the real estate certificate does not go through a real estate agent, the terms of the contract and the terms of breach of contract must be clearly written, and the party named 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 signed, even if there is only one person's name on the real estate certificate). >>>More
The main contents are as follows:
If two or more legal heirs inherit a house at the same time, they can be jointly owned by shares, that is, the co-owners of the house can apply for the "Housing Co-ownership Certificate" for the inherited common house according to their respective share of the house; It can also be co-co-owned, that is, the co-owner of the house can apply for the "Housing Co-ownership Certificate" for the co-owned house. >>>More