How is inheritance tax levied 2020 and how is inheritance tax levied

Inheritance tax is a tax levied on the heirs and legatees of the estate that is levied on the property left behind after the death of the deceased. According to the legislative plan published by the National People's Congress, the inheritance tax is not yet in it, and the inheritance tax we call refers to the tax that needs to be paid when it is external.

The Inheritance Law of the People's Republic of China stipulates that if the owner of the house is gone, the heirs in the first order (spouse, children, parents) shall inherit; There is no need to pay taxes in the process of inheriting the house, and 20% of the individual income tax and other taxes need to be paid in full when the foreign party is **, which is what we usually call the house inheritance tax.

1. Notarial inheritance.

According to the provisions of the Inheritance Law of the People's Republic of China, if the owner of the house is gone, the first-order heirs (spouse, children, parents) inherit and handle the notarization of the inheritance of the house.

2. Pay 2% of the notary fee

All the legal heirs of the house should bring their identity certificates, household registration books, house ownership certificates, and death certificates to the notary office to handle the notarization of property inheritance.

After acceptance, the staff of the notary department shall verify and investigate the materials provided by the parties in accordance with the regulations, record the interrogation of all legal heirs one by one, record them, and entrust the appraisal company to evaluate and issue an appraisal report; After confirming that there is no error, a notarial certificate will be issued based on the above testimony and evidence; Collect the notarial deed and pay a notary fee of 2%.

3. Change of housing rights.

The heir shall bring the identity certificate, the house ownership certificate and the notarial certificate to the housing management department to apply for inheritance and change application, and the staff of the housing management department will accept, approve and issue the certificate.

The handling fee is 1 yuan per square meter, the registration fee is 80 yuan, and the house right certificate is obtained.

4. Transfer of ownership of houses for sale.

Prepare the transfer materials with the buyer, survey, map and evaluate according to the procedures, and pay taxes and fees.

5. Pay individual income tax and other taxes.

At the deed tax window of the tax department, apply for the payment of deed tax, and the deed tax shall be paid at 1%-3% of the assessed amount, and the buyer shall pay it.

At the business tax window of the tax department, apply for payment (or reduction) of business tax, and pay according to payment (reduction) and the seller pays it.

At the business tax window of the tax department, apply for the payment of individual income tax, and the income tax shall be paid at 20% of the full amount, and the seller shall pay it.

The personal income tax levied by the state at 20% of the full amount is the so-called house inheritance tax.

6. Housing management department pays.

Go to the housing management department to apply for the transfer of the housing ownership certificate, and the staff of the housing management department will accept, approve and issue the certificate, pay the transaction fee, registration fee (production cost), and stamp duty of 5 yuan, and receive the housing ownership certificate.

Inherited property: including movable property, immovable property, cash, valuable**, deposits and savings, insurance money, intellectual property rights, creditor's rights and other property and property rights, the subject matter of inheritance tax, is the balance of the inheritance tax deducted from the property inherited by the heir (including the funeral expenses borne by the heir, the expenses used to preserve and manage the inherited property during the inheritance period, and the notary fees related to the inheritance of property), calculated at a rate of 6% to 30% of the above balance. When the debts of the decedent are reduced, they shall be notarized by a notary public.

The ** of the inherited property is the ** of the place where the inherited property is located. When assessing the inherited property, the inheritance tax shall be verified by the accounting verification authority.

Required fees: 1. Inheritance notary fee.

According to the Notice of the State Development Planning Commission and the Ministry of Justice on Adjusting the Fees for Notary Services, the certificate of property inheritance, gifts and bequests shall be collected according to the proportion of the beneficiary amount. 2% for less than 200,000 yuan; 200,000-500,000 yuan will be charged; 500,000 yuan to 1 million yuan will be charged at 1%; The part above 1 million yuan will be charged; The minimum charge is $200.

2. Real estate value appraisal fees.

Grade Total (10,000 yuan) Progressive billing rate Document basis:

Below 100 (including 100) 5 Beijing Price (Room) Zi [1997] No. 419, above 101 to 1000, above 1001 to 2000, above 2001 to 5000, above 5001 to 8000, above 8001 to 10000, above 10000;

3. Taxes and fees for inheritance and transfer of real estate.

It consists of a contract stamp duty on the appraised value of the house, a registration fee of $100, and a warrant stamp duty of $5.

4. Deed tax. Legal heirs inherit real estate and are exempt from deed tax; If the non-statutory heir inherits the ownership of the house according to the will, he or she needs to pay the deed tax.

1. How much is the inheritance tax on the house?

1. The direct necessary expenses for the will and administration of the estate shall be calculated as % of the total taxable estate, but the maximum shall not exceed 5,000 yuan.

If the decedent's estate is inherited in the first order as provided for in Article 1127 of the Civil Code (in force), each heir may deduct 10,000 yuan from the total taxable estate; For subrogation, deductions can be given according to the first-order heirs. If one of the heirs has lost the ability to work and is supported (protected) by the deceased during his lifetime, he may deduct 5,000 yuan per year according to the number of years he was 75 years old at that time; If one of the heirs is over the age of 18 and is raised by the deceased during his lifetime, he or she may be deducted 5,000 yuan per year according to the number of years that he has been 10 feet old and 8 years old at that time.

If the decedent's estate is inherited by the second-order heirs specified in Article 1127 of the Civil Code (in force), each heir may deduct 10,000 yuan from the total taxable estate; If one of the heirs has lost the ability to work and is supported (raised) by the deceased during his lifetime, an additional 3,000 yuan may be deducted per year according to the number of years since his or her age reached 75; If one of the heirs is under the age of 18 and is raised by the deceased before his death, he or she may be deducted 3,000 yuan per year according to the number of years he or she has reached the age of 18 at that time. If any of the above-mentioned heirs renounces their inheritance rights or loses their inheritance rights, they shall not be deducted.

2. Donated property that occurred within five years before the death of the decedent and the cumulative amount not exceeding 20,000 yuan.

3. The inherited acknowledgement of ownership, and the spouse, children or parents live together, indivisible, with a value of not more than 500,000 yuan. If the value exceeds 500,000 yuan, only 500,000 yuan is allowed to be deducted.

2. How to calculate property inheritance tax.

The formula for calculating inheritance tax is: amount of inheritance tax payable - net amount of taxable estate x applicable tax rate - quick deduction.

The amount of inheritance tax exemption and the amount of allowable deductions will be adjusted in a timely manner according to the changes in social and economic development. Inheritance tax is calculated and levied in accordance with the "Five-level Progressive Tax Rate Table for Inheritance Tax".