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1. Application form for real estate transfer registration; Proof of the applicant's identity; Certificate of Real Estate Title.
2. If the administrative decision of the relevant administrative organ or the real estate sale and purchase contract needs to be notarized according to the regulations, the notarized real estate sales contract or notarized real estate gift letter, or the notarized real estate inheritance certificate, or the real estate exchange agreement, or the real estate division agreement shall be submitted.
3. If a mortgage has been created, a written document agreeing to the mortgagee shall be submitted.
4. In the case of compulsory transfer, the people's court shall submit an effective judgment, ruling, mediation document and notice of assistance in enforcement.
5. For the transfer of real estate of unincorporated enterprises and organizations, the approval documents of the property rights department agreeing to the transfer shall be submitted.
6. For land that is administratively allocated or reduced or exempted from land premium, the approval documents of the competent department and the certificate of payment of land price shall be submitted.
7. If the real estate is acquired by bidding, auction or listing, the confirmation of winning the bid, the confirmation of the auction transaction, the contract for the transfer of land use rights and the certificate of payment of the land price shall be submitted.
8. If it is a first-class welfare commercial house, it shall be submitted to the relevant competent department for approval; In the case of compensation for demolition, a demolition compensation agreement shall be submitted; A written statement from the co-owners of the real estate agreeing to the transfer.
9. If an enterprise is acquired or merged, the approval documents of the relevant departments shall be submitted.
10. For the transfer of real estate between state-owned enterprises or other organizations, the approval documents of the relevant departments shall be submitted.
11. Other documents stipulated by laws, regulations, rules and normative documents.
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The so-called demolition and resettlement housing refers to the houses that are demolished and relocated to the demolished person or tenant for residential use due to urban planning, land development and other reasons. Because the resettlement target is a specific resettlement household, the purchase and sale of this type of house is not only regulated by laws and regulations, but also subject to the relevant local policies. Therefore, it is very different from the general commercial housing transaction.
The land for demolition and resettlement housing is allocated, so it is different from the purchase of normal commercial housing (commercial housing development, the developer obtains the land through transfer). However, if the property rights of the demolition and resettlement houses have been registered and the house ownership certificate has been obtained, the demolition and resettlement houses can be listed and traded, and there is a time limit for the transfer of ownership of the demolition and resettlement houses. Local demolition and relocation agencies stipulate that within a certain period of time after the signing of the demolition contract, they may handle the division of households, the transfer of property and the transfer of ownership.
However, if the time limit is exceeded, it will not be possible. If it is less than 5 years, you can't transfer the ownership, and if you want to, you can only do justice with you. If he is willing.
Such a house is just an agreement! But you're better off waiting for the title deed to come down before buying!
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Legal analysis: the equivalent value of the resettlement house and the resettlement house search for the bridge part, only pay the transaction fee, the fee standard is 3 yuan square meter, paid by the individual, the excess value part, according to the purchase and sale of the deed tax and transaction fee, deed tax 2, handling fee 3 yuan square meter. The property registration fee is charged on a per-set basis.
Deed tax shall be exempted for newly built houses with a value equivalent to the compensation obtained by the demolition households from the real estate development enterprises. In accordance with the provisions of the state, if the demolished residents repurchase a house due to demolition, the part of the transaction that is equivalent to the demolition compensation shall be exempted from deed tax, and if the transaction exceeds the demolition compensation, the deed tax shall be levied on the excess part.
Legal basis: Article 61 of the Law on the Administration of Urban Real Estate to obtain land use rights by way of transfer or allocation, shall apply to the local people's land management department at or above the county level for registration, verified by the local people's land management department at or above the county level, and issued by the people at the same level of land use right certificate. If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate.
When the 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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The transfer of the relocation house needs to bring the real estate certificate and the materials that can prove the identity of the owner of the house, because the relocation house is relatively cheap, China's law stipulates that the transfer shall not be made within five years after the purchase of the relocation house, which is due to the fact that the property ownership certificate of the relocation house cannot be obtained within five years after the purchase. After the transfer of ownership, the tax amount must be paid. The relocation house belongs to the resettlement house, and the original house owner needs to have five years to pay the land transfer fee in the name of the original owner, and the deed tax, and other taxes, and apply for the real estate certificate, deed tax certificate, and land certificate of the original owner's name, before they can be freely bought and sold and transferred to others.
If the land for the relocation house is allocated by the state (the demolition plot belongs to the public welfare undertaking) can only be traded after five years, the state-owned land transfer fee must also be paid, and the renaming of the relocation house between relatives includes: gift, inheritance, and sale. 1. When the relocation house is delivered, the fees that need to be paid are generally determined according to the agreement in the contract, for example, the final payment of the house needs to be paid in full, and then the property management fee must be paid, and then there is the need to pay the decoration deposit if the house needs to be decorated after delivery.
2. If you are in the northern region, you still need to pay the heating fee when you hand over the house in winter. You will only be able to get the keys to the house if you have paid these fees in full.
3. Be sure to agree on the time of real estate transfer and delivery, and when signing the agreement for the sale and purchase of the relocated house, it is necessary to indicate how many procedures for the transfer of house ownership from the date of obtaining the real estate certificate.
4. The relocated people are holding the contract instead of the real estate certificate, and the real estate certificate of the relocated house is also entrusted by the developer, and the real estate certificate fee of the relocated house is generally subject to the payment of the real estate certificate agency fee, public maintenance**, deed tax, and stamp duty.
Entities with family financial difficulties are eligible for transfer of ownership only after five years of purchasing the relocated house. In order to avoid economic disputes with other people after the transfer of ownership, relevant materials must be submitted to the local land resources management department when the transfer procedures are handled. After the transfer of ownership, you need to pay the tax amount, after which you can get the title deed.
Legal basisArticle 38 of the Law of the People's Republic of China on the Administration of Urban Real Estate stipulates: "The following real estate shall not be transferred:
6) Failure to register and receive a certificate of ownership in accordance with the law ......The real legislative intent of this article is not to prohibit the re-transfer of pre-sold commercial housing, but to facilitate administrative management, and does not belong to the prohibitive norms of contract validity. As long as the seller has the "Demolition Agreement" and the "Relocation Certificate", it will obtain quasi-ownership of the house.
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Legal Analysis: The cost of the transfer fee is:
1. Deed tax. 2. Business tax: If the real estate certificate is less than five years, the property certificate can be exempted from paying business tax after five years.
3. Individual income tax.
4. Transaction fees.
5. Surveying and mapping fees.
6. Ownership registration fee and certificate collection fee.
Legal basis: "Housing Registration Measures" Article 33 To apply for registration of transfer of housing ownership, the following materials shall be submitted:
1) Application for registration, (2) Applicant's identity certificate, (3) Certificate of house ownership or certificate of real estate rights, (4) Materials proving the transfer of house ownership, and (5) Other necessary materials.
The materials in item (4) of the preceding paragraph may be sales contracts, exchange contracts, gift contracts, bequest certificates, inheritance certificates, division agreements, merger agreements, legal documents effective by the people's courts or arbitration commissions, or other materials proving the transfer of ownership of the house.
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The cost of conveyancing (including relocation housing) is as follows, but may vary from place to place:
1. Policy fees:
1. Deed Tax: Ordinary Residential: Appraised Price*; Non-ordinary Residential: Assessed Price*3%;
2. Personal income adjustment tax: (appraisal price - original purchase price) * 20%;
3. Business tax: if the residential property is purchased for less than two years: the appraised price*; Non-ordinary residential purchase for more than two years: (Appraisal price - original purchase price)*; Ordinary residential purchases for more than two years are exempted;
4. Real estate transaction fee: building area * 6 yuan square meter;
5. Stamp duty: appraisal price*;
6. The cost of real estate certificate: 85 yuan;
7. The cost of land certificate: 105 yuan;
8. Transaction Appraisal Fee: Appraisal Price*.
2. The intermediary fee payable if the transaction is made through an intermediary:
1. Transaction intermediary fee: transaction price * 1%;
2. Real estate certificate agency fee: 100 yuan per certificate.
Extended information: There are two types of relocated houses: one is that the owner already holds the real estate certificate; The other is that the owner only holds the relocation agreement. In the first case, this kind of relocated house can be used for second-hand sales or leasing transactions, because in the process of second-hand transactions, the "Real Estate Certificate" is recognized and supervised by the Housing Authority, which is relatively safe.
In the second case, the buyer needs to have an extra mind. The owners of these houses only have the developer's relocation agreement in their hands, and they cannot do notarized transfer or change of name at the real estate exchange when doing second-hand transactions. As the removal-back agreement was only a private commercial agreement between the owner and the developer, it was not endorsed by the Housing Authority.
Relocated households can enjoy some preferential policies, but they can face the situation of paying some additional fees when the transfer of ownership of the relocated house is completed, which increases the cost of transfer registration. For example, if the allocated land is used for the relocation house, the land transfer fee needs to be paid to become the land transfer before the land use certificate can be processed.
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3% for those with an area of more than 144 square meters, and 1% for those with an area of less than 90 square meters and the first set; 2. Buying and selling fee: 3 yuan per square meter; 3. Surveying and mapping fee: according to the specific provisions of each district; 4. Ownership registration fee and certificate collection fee:
According to the specific regulations of each district, the usual situation is within 200 yuan.
2.Taxes payable by the seller: 1. Buying and selling fees:
3 yuan square meter; 2. Business tax: price difference * real estate certificate less than 5 years); 3. Individual income tax: 20% of the surplus of the real estate or 1% of the house price (the real estate certificate is 5 years old and only the house can be removed); 4. Land transfer fee:
Approximately 3% of the price of the property, which is currently uncertain.
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If the property rights of the relocated house are completed, the transfer fee will be paid the same as that of ordinary commercial housing, according to whether the house has been completed for five years? Is it the only home? Is it a first-time buyer? According to the previous question, appraisal price, area, etc., pay as follows:
1. Surveying and mapping fee yuan squared, buyer;
2. The assessment amount of the appraisal fee is allowed to float), the buyer;
3. The deed tax assessment amount is within 90 square meters for the first time and within 140 square meters, and the buyer pays more than 140 square meters or 3% for the first time;
4. The income tax shall be borne by the seller at 1% of the full amount, and the only housing shall be exempted for five years;
5. The transaction fee is 6 square meters, both sides;
6. The cost of production is 80 yuan, and the buyer (stamp duty of the production cost is 5 yuan);
7. The seller pays the business tax, and the ordinary housing can be reduced or exempted after five years.
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The fees for the transfer fee are: 1. Deed tax. 2. Business tax:
If the real estate certificate is less than five years, the property certificate can be exempted from paying business tax after five years. 3. Individual income tax. 4. Transaction fees.
5. Surveying and mapping fees. 6. Ownership registration fee and certificate collection fee. "Housing Registration Measures" Article 33 To apply for registration of the transfer of housing ownership, the following materials shall be submitted:
1) Application for registration, (2) Applicant's identity certificate, (3) Certificate of house ownership or certificate of real estate rights, and (4) Materials proving the transfer of house ownership.
The deed tax for the relocation property is calculated as follows: >>>More
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