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Not counted. Criteria for the recognition of the second suite:
1. Identification standards.
1. I have bought a house with full payment and a loan to buy a house - it is the first set.
2. I have bought more than two houses with a loan, and then sold them all, and I can't find the property through the housing registration system, but I can find the loan record in the bank credit system, and then take out a loan to buy a house - the first set.
3. Husband and wife, one party uses a commercial loan to buy a house before marriage, and the other party uses a provident fund loan to buy a house before marriage, and the two want to take out a joint loan in the name of husband and wife after marriage. If the loan has been repaid, the banking financial institutions can flexibly grasp the loan interest rate and down payment ratio according to the borrower's solvency, credit status and other specific factors; If the loan is not paid off – it is counted as more than two homes.
4. If you have taken out a loan to buy a house, the commercial loan has been settled, and then you can take out a loan to buy a house - the first set. If the loan is not settled, it will be counted as two sets.
5. I bought a house in full, and later sold it, and the housing registration system could not find the property, so I took out a loan to buy a house - the first set.
6. If the local government does not have the conditions for checking the housing registration system, the bank shall conduct due diligence to verify that the buyer already has a house, and then take out a loan to buy a house - the first house.
7. There are two commercial loan records under the name of the individual, all of which have been paid off and can provide proof of two houses, in this case, when the loan is refinanced, it is counted as the first set.
8. There is a commercial loan under the name of the individual that has been paid off, and the other is a provident fund loan that has also been paid off.
9. Husband and wife, one party has a house before marriage but no loan record, and the other party has a loan record before marriage but no real estate in his name, and applies for a loan after marriage to buy a house - the first set.
Second, the second room policy.
1. In the implementation of non-"purchase restrictions" in the city to reduce the proportion of housing loan down payment, adjust the deposit interest rate of the housing provident fund account of employees, which are considered by the industry to be conducive to the "destocking" of real estate. "There are three main policy tools to regulate the real estate market: one is taxation, one is credit, and one is purchase restrictions.
2. For individuals who purchase family houses with an area of 90 square meters or less, the deed tax shall be levied at a reduced rate of 1; If the area is more than 90 square meters, the deed tax shall be levied at a reduced rate. For individuals who purchase a second improved house for a family with an area of 90 square meters or less, the deed tax shall be levied at a reduced rate of 1; If the area is more than 90 square meters, the deed tax shall be levied at a reduced rate of 2.
3. Among them, the business tax policy: if an individual sells a house that has been purchased for less than 2 years, the business tax will be levied in full; Individuals who will purchase housing for more than 2 years (including 2 years) are exempt from business tax.
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Legal Analysis: Selling one of two houses and the other is considered the only house.
Legal basis: Law of the People's Republic of China on the Administration of Urban Real Estate
Article 1 This Law is enacted in order to strengthen the management of urban real estate, maintain the order of the real estate market, protect the legitimate rights and interests of real estate rights holders, and promote the healthy development of the real estate industry.
Article 2 Within the scope of State-owned land in the urban planning area of the People's Republic of China (hereinafter referred to as State-owned land), the land use right of land for real estate development is obtained, real estate development and real estate transactions are engaged, and real estate management is implemented, which shall comply with this Law.
"Houses" as used in this Law refers to buildings and other buildings and structures on land.
The term "real estate development" as used in this Law refers to the construction of infrastructure and housing on land on which the right to use state-owned land has been obtained in accordance with this Law.
The term "real estate transactions" as used in this Law includes real estate transfers, real estate mortgages, and leases of real estate houses.
Article 3 The State shall implement the system of paid and limited use of State-owned land in accordance with law. However, the State shall not allocate the right to use State-owned land within the scope provided for in this Law.
Article 4: The State shall, on the basis of the level of social and economic development, support the development of residential construction for residents, and gradually improve the living conditions of residents.
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If the property under your name is commercial real estate, it is not counted as a second set when you buy a house. If the property under your name is a self-built property in the countryside, it is not considered a second house if you buy a house. If the local property in the borrower's name is purchased with a loan, and the house is purchased in another place, it is a second house.
If the buyer's local property is purchased with a one-time payment, because the data of the local housing management department is not connected to the network, in this case, the purchase of a second house is not counted. Thank you for your consultation, I am very happy to answer for you, I hope to help you, I wish you good health, smooth and happy. <>
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Summary. Hello, your parents have a commercial house under their name (full purchase), in 2000 through the agreement to buy a unit, because the seller did not cooperate with the transfer has been forced by law to transfer, now want to give this house to the children, there are the following ways to give the children the least cost: the first is to transfer the way of transfer, that is, to buy and sell in accordance with the procedures of the transaction to handle the transfer.
The second is to handle the transfer by way of gift, first handle the notarization of the gift, then handle the housing appraisal and housing appraisal, and finally handle the transfer. The third way is to handle the transfer by inheritance, but this situation needs to occur in the case of the death of one of the parents, which is not very common. <>
Hello, there are 2 houses in the town under the name of the town and you want to sell one set of fees to pay as follows: 1. Stamp duty: the payment of the house; 2. Transaction fee:
3 yuan square meter; 3. Increase the value tax of Bi Xian: 5% of the full amount (the real estate certificate is less than 2 years, and the ordinary house is exempted for 2 years); 4. Income tax for individual inspectors: 1% of the house payment (the only exemption for ordinary houses for five years).
Hello, according to Article 32 of the Law of the People's Republic of China on the Administration of Scattered Collection of Taxes, if the taxpayer fails to pay the tax within the prescribed time limit, and the withholding agent fails to pay the tax within the prescribed time limit, the tax authorities shall impose a late payment penalty of 5/10,000 of the overdue tax amount on a daily basis from the date of the overdue tax payment.
My parents have a commercial house under their names (purchased in full), in 2000 through the agreement to buy a single clear house, because the seller did not cooperate with the transfer has been forced by law to transfer, now I want to change this house to the children, what is the way to give the children the least cost?
Hello, your parents have a commercial house under their name (full purchase and sale type buying), in 2000 through the agreement to buy a unit, because the seller does not cooperate with the transfer of ownership has been forced by law to transfer the loss, now want to give this house to the children, there are the following ways to give the children the least cost: the first is to transfer the way of transfer, that is, to handle the transfer in accordance with the transaction procedures in the way of sale. The second is to handle the transfer by way of gift, first handle the notarization of the gift, then handle the housing appraisal and housing appraisal, and finally handle the transfer.
The third way is to handle the transfer by inheritance, but this situation needs to occur in the case of the death of one of the parents, and the type guess is not very common. <>
Can I transfer the unit in my father's name by force?
Hello, the forced transfer of ownership of this unit in my father's name can be transferred.
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Summary. Hello, a suite. The latest recognition standards for second suites:
The loan has bought a suite, the commercial loan has been settled, and the refinancing is used to buy a house - the first set is counted, if the loan is not paid off - the second set of personal names have two commercial loan records, one has been paid off and the other has not been paid off, at this time, the reloan is recognized as more than two houses.
One of the husband and wife buys a house before marriage with a commercial loan, and the other party buys a house before marriage with a provident fund loan, and after marriage, the two want to take out a joint loan in the name of the husband and wife, if the loan has been paid off, the banking financial institutions can flexibly grasp the loan interest rate and down payment ratio according to specific factors such as the borrower's solvency and credit status, if the loan is not paid off.
Is it considered a second house to sell the only house and then buy a house?
Hello dear! I have seen your question on my side and am trying to sort out the answer, and I will answer you later, please wait a moment
Hello, a suite. The latest criteria for the identification of two suites: the loan to buy a house has been paid off, and then the loan to buy a house - if the first set of loans has not been paid off - count the two sets of commercial loans under the name of the individual, one has been paid off, and the other set of chains has not been paid off At this time, the reloan is recognized as more than two suites.
One of the husband and wife buys a house before marriage with a commercial loan, and the other party buys a house before marriage with a provident fund loan, and after marriage, the two want to take out a joint loan in the name of the husband and wife, if the loan has been paid off, the banking financial institutions can flexibly grasp the loan interest rate and down payment ratio according to specific factors such as the borrower's solvency and credit status, if the loan is not paid off.
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If a house is sold and there is no house or loan under its name, it is not considered a second house. The second house is the abbreviation of the second ordinary owner-occupied house, which is a mortgage house that is recognized as a unit of the borrower's family, and the per capita housing area of the borrower's family is higher than the local average level and applies for a housing loan from a commercial bank again.
Notice on Standardizing the Criteria for Identifying the Second Housing in Commercial Personal Housing Loans
Article 3. In any of the following circumstances, the lender shall implement the second set (or more) of differentiated housing credit policies for the borrower:
1) The borrower applies for the first time to use a loan to purchase a house in Qingmo, if his family has registered one (or more) complete sets of housing in the housing registration information system (including the pre-sale contract registration and filing system, the same below) in the housing registration information system of the place where the house is to be purchased;
2) The borrower has used the loan to purchase a house (or more) and then applies for a loan to purchase the house;
3) The lender confirms that the borrower's family already has one (or more) housing through due diligence in the form of credit investigation records, interviews, interviews (and visits when necessary).
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1. It depends on the situation. 2. If Cong Senguo has taken out a loan to buy a house before, even if he sells the house, it is still considered a second house. 3. If the house bought in full before is sold for the first house.
4. The way to distinguish between a second house is to recognize the house and the loan, and the loan and the house are considered the second suite.
Article 7 of the Provisions on the Administration of Urban Real Estate Transfer The transfer of real estate shall be handled in accordance with the following procedures: (1) The parties to the transfer of real estate sign a written transfer contract; 2) Within 90 days after the signing of the real estate transfer contract, the parties to the real estate transfer shall apply to the real estate management department where the real estate is located with the real estate ownership certificate, the legal certificate of the parties, the transfer contract and other relevant documents, and declare the transaction**; (C) the real estate management department to provide the relevant documents for review, and within 7 days to make a written reply on whether to accept the application, within 7 days without a written reply, deemed to agree to accept; (4) The real estate management department verifies the declared transaction**, and conducts on-site investigation and evaluation of the transferred real estate as needed; (5) The parties to the transfer of real estate shall pay the relevant taxes and fees in accordance with the regulations. Legal basis:
Article 80 of the Measures for Housing Registration Article 6 Where the ownership of a house is transferred in accordance with the law, and an application for registration of the transfer of ownership of a house is made, the following materials shall be submitted: (1) An application for registration; (2) Proof of the applicant's identity; (3) Certificate of ownership of the house; (4) Proof of the right to use the homestead or the right to use the land collectively owned; (5) Materials proving that the ownership of the house has been transferred; (6) Other necessary materials. Those who apply for registration of the transfer of ownership of villagers' houses shall also submit supporting materials for the consent of the rural collective economic organization to the transfer.
Where a rural collective economic organization applies for registration of the transfer of ownership of a house, it shall also submit supporting materials with the consent of the villagers' meeting or the authorization of the villagers' meeting and the consent of the villagers' representative meeting.
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