My mother wants to transfer the house to me, is it better to give it away or to trade it?

I am a lawyer, I suggest that your mother still use the gift to give you better, tax free, if the transaction to you need to pay deed tax, and is the joint property of your husband and wife, if divorced, the house has half of your wife, the gift is different, you can only give it to you, even if it is a gift to the two of you, although it is also the joint property of your husband and wife, but your wife is divorced can not share the house, because the law stipulates that the donor can revoke the gift in several circumstances, in May 2009 issued a gift on three types of people.

Income tax exemption.

Gifts to spouses, parents, children, grandparents, grandchildren, siblings;

Giving a gift to a caregiver or supporter who bears the obligation of direct support or support for him or her free of charge;

When the owner of the property right dies, the legal heir, testamentary heir or legatee obtains the property right of the house in accordance with the law.

Therefore, both parties to this gift are tax-free, but the donated property needs to pay a high amount of personal income tax when it is **!

1. As a bulk commodity, the house may be traded again in the future. If you choose to transfer the property by gift, you may have to pay 20% more personal income tax if the donated property is transferred again in the future.

2. The State Administration of Taxation clarifies that if the donee transfers the immovable property again after obtaining the immovable property donated by the donor free of charge, the balance of the income from the property transfer after deducting the taxes and related reasonable expenses paid in the process of receiving and transferring the housing shall be the taxable income, and the individual income tax shall be calculated and paid at the applicable tax rate of 20% when paying individual income tax.

3. If the house is not going to be sold again, then it is cost-effective to transfer the house by gift. Otherwise, the property owner saves money by transferring the property by gift, but will have to pay more money for the transfer again in the future. In general, unless there are certain circumstances, the tax cost of a gift of property is higher than that of buying and selling, and there is also a notary fee.

First of all, whether it is a gift or a sale, you need to have the qualification to buy a house, parents give gifts to children who belong to the immediate family, you need to pay 3% deed tax, and you need to see the real estate situation and the number of real estate units in your name. The details are as follows:

Fathers give gifts to parents and adult children are immediate family members;

1) The costs incurred by the gift are: 3% deed tax and stamp duty;

2) There are two points to pay attention to in buying and selling:

1. First of all, if the immediate family members trade real estate, there will be suspicion of fraudulent loans, and the bank will not approve the loan;

2. Secondly, there are generally the following three situations when the immediate family members choose to buy and sell: a. The parents' family has only one residence in their name and the property has been for five years (exempt from individual income tax); b. There is no residence in the name of the child's family (you can enjoy the deed tax concession, 1% will be levied below 90 and more than 90 square meters; c. Ordinary residences with a real estate age of more than two years are exempt from value-added tax and surcharge, and non-ordinary residences are subject to value-added tax and surcharge for the difference. Most of the properties that are sold and sold between immediate family members are ordinary residences.

3) Suggestions for buying and selling gifts: the term of the property donated by the immediate family members shall be calculated according to the time before the gift, and the property rights shall be calculated according to the time of registration of the new house book after the sale; Therefore, 1. If you have the idea of changing the house or the property within 2-5 years after the transfer, it is recommended that you give it away;

2. If you are just for self-residence, it is recommended to choose the transaction method that suits you according to the actual total amount of taxes and fees calculated in (1) and (2).

If you want to transfer the house to your children, I think it would be better to give it because it can save a lot of formalities and save money at the same time.

This question is up to me, it takes a little time to type, so please be patient.

Questions. Can you hurry up.

Wait a minute, kiss me right away.

According to the relevant laws and regulations, gifts to spouses, parents, children, grandparents, grandchildren, grandchildren, siblings, etc., are temporarily exempted from VAT. At the same time, in terms of individual income tax, according to the relevant regulations: "If the owner of the house property rights donates the property rights to his spouse, parents, children, grandparents, grandchildren, grandchildren, brothers and sisters free of charge, neither party shall be subject to individual income tax."

According to reports, if the gift is handled, the donor, that is, the elder brother, will not be involved in any taxes. The donee, that is, Mr. Zhou himself, only needs to pay the deed tax, and the standard of deed tax payment is the same as that of individual buyers and sellers of second-hand houses. The way of buying and selling transactions will involve value-added tax, personal income tax, deed tax and other issues, especially the personal income tax should be levied at 20%, obviously, the tax generated by the transfer will be higher than the gift.

However, legal experts also warn that when a house acquired by way of gift or inheritance is retraded, it may be subject to personal income tax, and this factor should also be considered.

Questions. What does it mean to levy individual income tax on transactions again?

It is to carry out transactions that require tuition.

Questions. Isn't it inherently taxable when you trade?

Isn't it inherently taxable when you trade?

If it is a purchase and sale, there is no need to levy individual income tax if it is traded again?

The latest news, the Ministry of Finance and the State Administration of Taxation issued an announcement on the application of individual income tax taxable income items to relevant income obtained by individuals. Among them, individuals who provide guarantees for units or others to obtain income shall be calculated and paid individual income tax according to the item of "accidental income". If the owner of the property right of the house donates the property right of the house to others free of charge, the income obtained by the donee from the donated house free of charge shall be calculated and paid according to the item of "accidental income".

According to the announcement, if the owner of the house property rights donates the property rights to his spouse, parents, children, grandparents, grandchildren, grandchildren, brothers and sisters, etc., no individual income tax will be levied

The property is transferred to close relatives, and no personal income tax is levied on the transaction.

It won't make much of a difference. Whether it is a gift or a sale, it is necessary to pay taxes to the real estate department.

Hello, it is more economical to use the method of "buying and selling" between father and daughter than "gifting".

There are two ways to do it. Giving or buying.

The gift needs to be notarized first, the notarization fee needs to be paid, and the appraisal fee and deed tax, stamp duty, and production fee are paid after the gift.

You can do this, and this is relatively up to you. If you're not sure how much it will cost, you can go straight to the government hall. Please inquire about the transfer of real estate. will be more understanding.

If you transfer the house to your children, you can actually buy and sell. But in this case, this house is the first house for children to buy later.

If the transfer of the house to the children is a sale, it should not be a gift, because the tax on the gift will be much higher in the future than the transaction tax on the sale.

Whether the transfer of the family's house is a sale or a gift should be chosen according to the actual situation.

1.You need to go through the gift agreement and notarization first, you need to pay the notarization fee, and then pay the assessment fee and deed tax, stamp duty, and production fee.

2.As long as the property is the only owner-occupied property in your family and has been held for five years, then the personal income tax is also completely exempt.

Article 209 of the Civil Code [Effect of Registration of Real Estate Rights] The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, except as otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 210 [Immovable Property Registration Agencies and Unified Registration of Immovable Property] The registration of immovable property shall be handled by the registration authority where the immovable property is located. The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by the laws and regulations and administrative regulations.

1. What materials are needed for the transfer of the house.

The materials generally required for the transfer of ownership of the house are as follows:

1.Application for Registration of Transfer;

2.Applicant's ID card and other identification materials;

3.Title deeds of the house;

4.Proof of the reason for registration, such as the transfer of ownership due to sale, the sales contract;

5.Other materials needed.

Second, the real estate transfer process.

The process of conveying ownership of the property is as follows:

1.If the transfer of the real estate certificate does not go through a real estate agency, 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).

2.After the application materials are ready, you must go to the real estate bureau to fill in some ** and a stock contract, and the amount on the stock contract must be the same as the amount on the signed contract.

After the application materials for the transfer of real estate are submitted to the real estate bureau, the real estate bureau will give a receipt to pay the tax according to the date stated on the receipt form, which generally takes about 15 working days.

1. No matter who sells it to, the following principles are followed: the transaction is low for 5 years, and the tax is low for gifts for less than 5 years. This low is only relative. Because the tax rate is fixed.

On August 12, the Supreme People's Court held a press conference to report on the application of the "Supreme People's Court's Interpretation (III) on Several Issues Concerning the Application". The interpretation clarifies that after marriage, one of the parents contributes funds to purchase immovable property for their children, and the property rights are registered in the name of their children, it shall be recognized as the personal property of one of the spouses. So say the house is yours.

3. The tax rate is charged as a percentage of the transaction cost, and some local real estate bureaus need to issue an appraisal report (the gift is required to evaluate the report, and the tax rate is charged according to the assessment), if the local house buys 1w per square meter, your house is 100 square meters, and it is sold for 50w, which is definitely not good, but you can ask the appraisal company to make the report low and make it 8000 per square meter. Reduce taxes and fees during transactions.

4. This is the unspoken rule of the industry, don't say that I taught it...

1. The new marriage interpretation is irrelevant, because the transfer of ownership is to indicate that it was the mother's ownership before, and the gift has long been stipulated to be clearly given to you personally, so your spouse will not have ownership. But you still have to buy and sell, the income becomes movable property, there is no need to be personal, and it also affects the relationship between husband and wife, and although the gift tax is exempt from personal income tax of 20%, the gift contract tax is still about 4%, and the purchase and sale tax is low, so the transaction is good.

2. Of course, the transaction is considered the joint property of the husband and wife, and if you want to sell the house in the future, it is better for your mother to sell it herself.

Third, write high and low housing authority to assess, you write and he evaluates, who is high according to who collects taxes, of course, write high provident fund can withdraw a little more, as long as the provident fund is enough. You can withdraw your provident fund by contract.

1. Good deals.

2 counts 3 writes high points, taxes and fees are more, and the provident fund that can be withdrawn by contract is your contract price.

1. If the house is to be bought and sold in the future, the transaction method is better.

2. If you are married, even if you have joint property.

3. The tax is calculated according to the house price, and the provident fund can be withdrawn.

1. First of all, it should be noted that I don't know whether your father is alive, whether there is a marriage relationship with your mother, whether the house is their joint property, if this situation exists, your mother cannot give you full autonomy or all of it;

2. If you plan to live permanently, the gift fee is lower, but if you plan to sell it in the future, the transaction is better;

3. According to the latest marriage law, if your mother explicitly gives you the house, it will be your pre-marital property, unless you are willing to share it with your wife;

4. Of course, it is better to lower the assessment of the house price within the controllable range, but it cannot deviate from the market;

5. It is difficult for you and your mother to apply for the withdrawal of provident fund for gifts or transactions.

Whether it is an inheritance, a gift or a transfer, the corresponding taxes must be paid. Only by adding your name at the time of subscription does not need to pay more taxes, which is now equivalent to a transfer of property rights, so taxes will be incurred. If it's a transfer of how many shares to you, how much tax you'll have to pay.

If it is a gift, the tax must also be paid, and the fair fee is overpaid, which is calculated as the value of the donated property * 2% tax included; Deed; Transaction price*3%.

Stamp duty on transactions; Transaction price* Stamp duty on real estate certificate: 5 yuan (one per person) Property registration fee: 550 sets, 1 more buyer + 10 yuan Transaction management fee:

3 yuan The cost of inheritance is similar to that of gift, you can refer to the following.

The house is 90 square meters for the house, the appraisal price is 2 million yuan, and the only one. Gift method: 60,000 yuan for deed tax 3, 20,000 yuan for the first set of deed tax 1, which shows that the tax paid for sale and purchase is less.

If the real estate certificate has been completed for five years, the sale and transfer of ownership is cost-effective. The details are as follows:

The transfer fee is about 6% of the tax return price (i.e. the transfer price of the property as agreed upon) (3% of the notary fee and 3% of the transfer tax). However, after the transfer of the gift, if you want to transfer the property in the future, you will have to pay 20% of the declared value of the individual income tax alone. Therefore, it is not advisable to use gift transfer.

It is recommended to use the sale and transfer of ownership, that is, the direct transfer of the property, the tax is about 8% of the declared value of the property (seller: 1% of personal income tax (exempt for real estate certificate more than 5 years), VAT real estate certificate for more than 2 years), buyer: deed tax, other transfer taxes and fees are about hundreds, and the above tax points are calculated according to ordinary residences of less than 144 square meters).