Do children need to pay taxes if the property left behind after the death of their parents is transf

Is there any tax to pay on the transfer of inheritance?

For the property left behind after the death of the parents, the children only need to pay the handling fee, the cost of production and the stamp duty of 5/10,000 after the inheritance of the child, and do not need to pay other taxes and fees.

If a fair inheritance is required, there is also a fair fee of the value of the property.

Inheriting the property of the parents needs to pay the deed tax, inheriting the property and handling the transfer of the real estate certificate, you need to pay the deed tax. If the inheritor does not own the property, the tax deed paid is correspondingly less than that of the person who owns the property, but the deed tax must be paid.

This is tax-exempt. In the notice "Guo Shui Han [2004] No. 1036", the State Administration of Taxation stipulates that the deed tax is levied on the ownership of inherited land and houses, and no deed tax is levied on legal heirs as stipulated in the Inheritance Law of the People's Republic of China, including spouses, children, parents, siblings, grandparents and maternal grandparents, when inheriting land and house ownership.

Parents die and leave real estate, children inherit to transfer, first go to the notary office for inheritance notarization and confirmation, the notary office is to charge, after the notarial certificate to go to the real estate transaction transfer name, to pay fees, there is no other tax.

Inheritance tax is required to pay inheritance tax on the property left behind after the death of the parents, and this tax rate is quite high, much higher than the purchase tax on buying a property. In addition, the property is still taxed when it is inherited by the next generation.

Inheritance is not taxed in China at present. There are too many Chinese, and the inheritance tax has not yet been implemented.

Inheritance does not need to pay deed tax, this is very certain, go to the inheritance notarization, and then bring all the documents to the housing authority to change the name of the house.

Of course, there are taxes, inheritance of property is subject to property tax, transfer fees, stamp duty, etc.

After the inheritance of the property left by the death of the parents, the children need to pay taxes to transfer the property.

Inheritance tax is taxable, and you can also sell it.

You need to pay property tax. And property taxes are not cheap.

Legal analysis: children legally inherit their parents' real estate and are exempt from deed tax. "Notice on Individual Income Tax Issues Concerning Individual Donated Houses Donated by Individuals" No individual income tax shall be levied on both parties for the free gift of house property rights in the following circumstances:

1) The owner of the property right of the house gives the property right of the house to his spouse, parents, children, grandparents, grandchildren, grandchildren, brothers and sisters free of charge;

2) The owner of the property right of the house donates the property right of the house free of charge to the guardian or supporter who bears the obligation of direct support or support;

3) The legal heirs, testamentary heirs or legatees who have obtained the property rights of the house in accordance with the law after the death of the owner of the property rights of the house.

Legal basis: Article 4 of the Income Tax Law of the People's Republic of China on Individual Suppression and Erection of Income Tax The following items of individual income are exempt from individual income tax:

1) Bonuses in science, education, technology, culture, health, sports, environmental protection, etc. issued by provincial-level people's ** and *** ministries and commissions and units at or above the army level of the Chinese People's Liberation Army, as well as foreign organizations and international organizations2) Interest on national bonds and financial bonds issued by the state 3) Subsidies and allowances issued in accordance with the unified provisions of the state 4) Welfare expenses, pensions and relief funds 5) Insurance compensation 6) Transfer, demobilization and retirement payments for servicemen 7) Settling-in allowances paid to cadres and workers in accordance with the unified provisions of the state, Retirement allowance, basic pension or retirement allowance, severance allowance, and living allowance for retirement, 8) Income of diplomatic representatives, consuls** and other personnel of embassies and consulates in China who are exempt from tax in accordance with relevant laws and regulations9) Income exempted from tax as stipulated in the international chain convention and signed agreements to which China** is a party, 10) Other tax-exempt income stipulated in the provisions of the International Chain-Hu Convention and signed agreements to which China** is a party. The tax exemption provisions in item 10 of the preceding paragraph shall be reported to the Standing Committee of the National People's Congress for the record.

The inheritance tax shall be calculated on the basis of the total taxable estate, but the maximum shall not exceed $5,000. Donated property that occurred within five years prior to the decedent's death and did not exceed 20,000 yuan in aggregate. The decedent has the ownership of the house and lives in it with his spouse, children or parents, and the value does not exceed 500,000 yuan.

Legal basis: Article 2 of the Individual Income Tax Law shall pay individual income tax on the following personal income: (1) income from wages and salaries; (2) Income from remuneration for labor services; (3) Income from author's remuneration; (D) the concession of the right to use the number of fees income; (5) Business income; (6) Income from interest, dividends and bonuses; (7) Income from property lease; (8) Income from the transfer of property; (9) Incidental gains.

Article 3 of the Provisional Regulations on Deed Tax stipulates that the tax rate for deed tax is 3-5. The applicable tax rate of deed tax shall be determined by the people of provinces, autonomous regions and municipalities directly under the Central Government within the range specified in the preceding paragraph in accordance with the actual situation of their respective regions, and shall be reported to the Ministry of Finance and the State Administration of Taxation for the record. Article 9 Taxpayers shall, within 10 days from the date on which the tax liability arises, file a tax declaration with the deed tax collection authority where the land or house is located, and pay the tax within the time limit approved by the deed tax collection authority.

Legal analysis: no tax is required for the transfer of inherited property: the inheritance of the house left by the parents does not need to pay tax, and only needs to pay the handling fee and the cost of production when applying for change of registration at the real estate registration agency, and the remaining property can be transferred.

There are two types of inherited property, one is legal inheritance and the other is testamentary inheritance. 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.

Legal basis: Article 1 of the Interpretation and Provisions of the Ministry of Finance on Several Issues Concerning the Deed Tax Work of the Ministry of Finance stipulates as follows the deed tax issues of gifts and inheritances: 1. Immediate family members or brothers and sisters who live in a cohabiting family are interdependent in their lives, and the analysis of real estate due to separation shall not be regarded as an increase and no deed tax shall be levied.

For example, if there is a sale, pawn, gift or non-equivalent exchange of real estate between them after the analysis of the separation, the deed tax shall be levied according to the deed tax, but after the analysis, if the inheritance occurs, the registration and transfer of the property rights shall not be subject to deed tax. 2 The transfer of real estate between husband and wife or the transfer of real estate due to divorce shall not be regarded as a gift and shall not be subject to deed tax. 3. If the owner of the real estate makes a will to donate the real estate to the non-legal heirs (those who have a dependency relationship should be regarded as the legal heirs), it is a gift and the deed tax shall be levied as the gift.

Children who inherit property after the death of their parents are subject to taxes. The details are as follows:

1. Deed tax. Legal heirs inherit real estate and are exempt from deed tax; If the non-statutory heirs receive the ownership of the house according to the will, they need to pay the deed tax;

2. Stamp duty, including contract stamp duty and warrant stamp duty;

3. Business tax. The real estate certificate has passed for 5 years and can be exempted; If the real estate certificate is less than 5 years old, it needs to be collected;

4. Individual income tax. The following three situations are exempt from individual income tax:

1) The owner of the house will donate the property right to his spouse, parents, children, grandparents, grandchildren, grandchildren, brothers and sisters free of charge;

2) The owner of the property right of the house is informed that the property right of the house is donated free of charge to the caregiver or supporter who bears the obligation of direct support or support;

3) The legal heirs, testamentary heirs or legatees who have obtained the property rights of the house in accordance with the law after the death of the owner of the house property.

Other fees that need to be paid in the process of registering inheritance transfers:

1. The standard for the transfer of registration is 80 yuan per residential unit and 550 yuan per non-residential unit, in addition, according to the different procedures chosen, notarization or litigation fees may also be required.

2. If the inheritance of the property is carried out, it is a second-hand house sale, and it needs to be taxed in accordance with the provisions of the second-hand house sale, for the seller, if the transfer of the property to obtain the property right certificate is less than 2 years, 1% personal income tax and value-added tax need to be paid, if the transfer of the property to obtain the property right certificate has been completed for 2 years, 1% individual income tax needs to be paid, if the transfer of the property to obtain the property right certificate has been 5 years and is the only home of the family, it is exempt from individual income tax.

Legal basisArticle 1161 of the Civil Code of the People's Republic of China.

The heirs shall pay off the taxes and debts that the decedent shall pay in accordance with the law within the actual value of the inheritance. The part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs.

If the heir renounces the inheritance, he or she shall not be liable for the taxes and debts that the decedent shall pay in accordance with the law.

Article 1163.

Where there is both statutory inheritance and testamentary succession or bequest, the legal heirs shall pay off the taxes and debts that the decedent shall pay in accordance with law; The part exceeding the actual value of the statutory inheritance shall be repaid by the testamentary heirs and legatees in proportion to the inheritance.

There is no need to pay taxes on inheritance of property after the death of parents: China's law does not stipulate inheritance tax, so it is not necessary to pay taxes when inheriting the estate house after the death of parents, but it is necessary to pay registration fees and other fees to the local housing management department when going through the house transfer procedures.

Legal basisArticle 5 of the Interim Regulations on the Registration of Immovable Property.

1) Collective land ownership;

2) Ownership of buildings and structures such as houses;

3) Ownership of forests and trees;

4) The right to contract and manage cultivated land, forest land, grassland, and other land;

E) the right to use the construction land bureau;

6) the right to use the homestead;

7) the right to use maritime space;

viii) easements;

9) Mortgage;

10) Other immovable property rights that need to be registered by law.

Summary. Hello, there is a tax. Even if the property is inherited, as long as it is sold, it is an act of transferring the property.

If my parents die and my children inherit the property, do I need to pay taxes if I want to sell the property?

Hello, there is a tax. Even if the property is inherited, as long as it is sold, it is an act of transferring the property.

When the inherited or donated house is **, the personal income tax can only be levied at (total price - original acquisition cost) * 20%.

Article 6 of the Regulations for the Implementation of the Individual Income Tax Law of the People's Republic of China The scope of individual income stipulated in the Individual Income Tax Law: (7) Income from property leasing refers to the income obtained by individuals from leasing real estate, machinery and equipment, vehicles and ships and other property. (8) Income from the transfer of property refers to the income obtained by individuals from the transfer of valuable, equity, property shares in partnerships, immovable property, machinery and equipment, vehicles and ships, and other property.

9) Accidental income refers to the income of individuals who have won prizes, won lotteries, won lotteries and other incidental natures. If it is difficult to define the taxable income items of the income obtained by an individual, it shall be determined by the competent tax department.