It is better to buy and sell a house between immediate family members or give it away

1. Gifts from immediate family members are exempt from individual income tax, and only 3% of the deed tax and stamp duty are levied.

2. The gift of a house for non-immediate family members is equivalent to a sale, and various taxes and fees will be levied in strict accordance with the sale, which needs to refer to the specific situation of the house and the situation of the donee.

I hope the above reply is helpful to you, thank you

Inheritance: Theoretically, leaving a property to your children by inheritance is the least taxable option, and this process requires only a minimal registration fee and stamp duty. Essentially, inheritance is not very different from buying and selling, but inheritance can only be carried out if the owner of the property has died.

After the death of the parents, it is very troublesome to go through the transfer procedures, and the inherited property will generate 20% personal income tax in the future, so the inheritance method is cumbersome and expensive, and it is generally not used.

Buying and selling: The way to buy and sell is straightforward and does not leave any trouble. There is no need to bargain for real estate transactions between immediate family members, and only stamp duty, deed tax and business tax can be paid according to the assessed value of the land tax, and the fee is not much.

First, if the house transaction method has been 5 years since the last time, and the house area is less than 140 square meters, it is exempt from business tax and only needs to pay 3% deed tax. If the area of the house is more than 140 square meters or it is less than 5 years since the last transaction, the business tax will be levied uniformly. By buying and selling a transferred property, the transaction will no longer incur 20% personal income tax in the future.

Gift: The way of gift is simple and convenient, and the gift between immediate family members only needs to pay stamp duty and deed tax, and the cost is not much. The taxes and fees that need to be paid for the "gift" of real estate include deed tax, notary fees and registration fees, the most important of which is the deed tax, which is 3% of the house appraisal **, generally speaking, 3% of the market**.

This can be done if you are considering keeping the property for yourself or renting it out. But in the future, this method is not very suitable, because the gifted property will incur 20% personal income tax at the time of transaction.

The house between the immediate family is a gift of good and beautiful love is hard to find, everyone is eager to talk about a love that does not break up, to be able to hold the hand of the son and grow old with the son, but there is always a slight gap between the ideal and the reality, not to give everything can be rewarded, nor can you spend the rest of your life hand in hand together, the world of feelings is very complicated, if you meet someone unladylike, you will only suffer grievances and pain.

Men's love is sometimes very simple, sometimes very affectionate, but real love to the bones, only in the details will be revealed, you will feel very comfortable when you get along, and you will feel very happy mentally, men pay attention to the details of love, naturally can bring a sense of security to women, every word and deed will be full of tenderness, especially when together, the love in the details, most of them will be hidden in the bits and pieces of life.

When you go out, you are always reminded to stay safe.

A man's love is care and care, so when you go out alone, he will always rest assured, and he will constantly tell you to pay attention to safety, such as letting you walk without looking at your mobile phone, asking you to send him the license plate when you take a taxi, when you want to go to a farther place, you will also look at the weather forecast, let you wear more clothes when it is cold, let you bring an umbrella when it rains, as long as you are not by your side, you will be like an old mother verbosity, and you can't hide the details of really caring about you.

When eating, pay attention to your taste.

When you like someone, you will want to know everything about the other person, including her eating habits, when you eat together, you will try to order what she likes to eat, and you will also take the initiative to pick vegetables for her, such as helping you peel shrimp, picking fish without spines to you, and even when you are alone, he will feed you.

When traveling, everything will be arranged.

Some people say that whether couples can come together can be clear after a trip, after all, the personalities and living habits of two people are different, and travel can test whether they can run in with each other and adapt to each other.

Traveling together is also an opportunity to enhance each other's feelings, the man who really loves you will naturally be very attentive, he will arrange everything properly, check the route, check the tourist attractions, what to bring, what the weather conditions do not need you to worry about, he will be arranged in advance, and it also shows that he values you very much, and just wants to spoil you.

Love is beautiful, details are more important, if you want to know whether a man is sincere to you, don't look at what he said, but look at what he did for you, after all, no matter how much sweet words are said, it is not as impressive as a practical action, men's love will not just stay on the lips, and promises will not be blurted out at will, but will use time and action to prove how deep the love for you is, as long as women observe carefully, they can find that men's love is sometimes hidden in the details.

1) Gift of real estate, usually the party receiving the gift does not need to pay the consideration, that is, there is no need to pay money in exchange.

2) Real estate sales, usually what we call one hand to pay and one hand to deliver, both parties need to pay the consideration. This is the main difference between the two.

2. Difference in transaction taxes and fees.

Gift of real estate: immediate family members.

Gifts are exempt from individual income tax.

Gifts from non-immediate family members are regarded as sales and need to pay individual income tax, in addition to 3% of the deed tax and 1% of the notary fee.

Housing donation refers to a civil legal act in which one party (donor) voluntarily donates his or her house to another person (donee) free of charge, and the other party is willing to accept it. The parties to the gift of the house shall enter into a gift contract. Once the house is donated, the registration of the change of real estate cannot be revoked without special circumstances.

Sale and purchase refers to the act of transferring the ownership of the house by the owner of the house to the buyer of the house, and the buyer pays the corresponding price for it.

Gifts from immediate family members do not require the qualification to purchase a house, and the house cannot be donated during the sales restriction period, and the donated housing will be included in the total number of housing units of the recipient's family. If the donee is less than five years old, the sole individual income tax of the family is: (tax calculation ** - related costs) * 20%.

Relatively speaking, buying and selling is relatively simple, and it also saves time and effort. Pay the relevant taxes and fees, and then transfer the title to collect the title deed, and it is completed. Of course, the downside is that the buyer has to be qualified (not qualified, can be ignored).

The real estate experts in Chengdu will escort you all the way to buy and sell houses.

The gift of real estate in the direct family refers to the meaning of the gift, and the valueless direction, which used to be the person who was donated to pay individual income tax, but now it can be avoided between the direct family, but it is still necessary to handle the notarization and transfer. The purchase and sale of houses between direct families is mainly to pay less inheritance tax, but the intervention and transaction costs of intermediaries are required, but at present, some urban housing management centers are piloted to help sign intermediary agreements for free, so as to save 1% of the intermediary fees, of course, ** is too lower than the market price, and if you sell this property again, you will have to pay 20%-60% premium tax.

The gift of the immediate family is to give the property for free without any charge, and there is a monetary relationship between the sale and the sale, and there may be a monetary dispute in the sale.

Gifting is a low-cost way.

1. Gift. The main cost of the gift is individual income tax + deed tax + notary fee;

If the transfer is made by gift, there is no business tax, but because the gift is considered to be a gratuitous gift, the donee needs to pay individual income tax, as well as deed tax and gift notary fees, which are much higher than the taxes and fees for the sale and transfer. At the same time, there is a difference in the cost of "gift" for immediate and non-immediate family members, specifically:

1. The cost of immediate family members is only deed tax;

2. There are three gift costs for non-immediate family members, of which the calculation method of deed tax and tax is exactly the same as that of the sale, and the individual income tax is 20% of the full amount.

2. Transfer of purchase and sale transactions.

Due to the differences in the nature of second-hand houses, only a rough calculation is given here:

Individual income tax = (this time** - original value** - taxes incurred in the transaction process - other expenses) * 20%, in a word: 20% of the difference.

The tax should also be divided into three types according to the "full five unique", and the tax for houses less than 2 years old is 5% of the full amount; For non-ordinary residences for more than 2 years, the tax is 5% of the difference; Ordinary residences over 2 years are exempt from taxation.

In terms of deed tax, the first house is 1% for less than 90 square meters, and more than 90 square meters. 1% for second suites under 90 square meters and 2% for more than 90 square meters.

Beijing, Shanghai, Guangzhou and Shenzhen still implement the original deed tax policy, the deed tax of the first house with a construction area of less than 90 square meters is calculated at 1%, the deed tax is calculated for housing below 90 to 140 square meters, and the deed tax is calculated at 3% for the purchase of housing above 140 square meters. The deed tax for the second house is calculated at 3%.

If it is gifted, there will be a 3% deed tax and a stamp duty of 1/1000.

If you buy and sell, the house is five years old, the first set of deed tax, the second set of 3%, exempt from VAT, public housing individual income tax can be found to be 20% of the original value, and the full amount of the original value of the individual income tax is 1%.

If the real estate certificate has been completed for five years, the purchase and sale are cost-effective. If it is less than five years, it is cost-effective to give it. 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 to the immediate family, the tax is about 8% of the tax value of the real estate (seller: personal income tax 1% (real estate certificate more than 5 years exempt), business tax real estate certificate more than 5 years exempt), buyer: deed tax, other transfer taxes and fees are about hundreds, the above tax points are calculated as ordinary residences less than 144 square meters).

If the real estate certificate is transferred for five years, there is no need to pay individual income tax, only the deed tax is paid, and other transfer taxes and fees are about hundreds. i.e. about a total of about that.

The tax return price is yours to set. The Housing Authority's computer system has a minimum assessment for each local area. If the declared value is higher than the appraised value, the tax will be calculated according to your value.

If it is lower, it will be calculated according to the appraised value of the system. The most knowledgeable about this appraisal price is the local real estate agent in the same area, because they often go to the transfer and know how much they can pass through the lowest report, so it is recommended that you go to the agent to find out.

The basic procedures for the transfer of ownership of second-hand houses: signing the sales contract, handing over documents, paying taxes, paying taxes and transferring, and obtaining certificates. Sometimes the procedures vary from region to region, for example, it is possible to pay taxes first and then submit the documents.

Signing a sales contract refers to the negotiation and signing of a contract between the buyer and the seller together with the intermediary party (if any) on the real estate, delivery method, payment method, etc.

If the loan requires a certificate of the first house, it must be issued by the relevant department first according to the requirements of the Housing Authority. The seller should bring the original ID card, real estate certificate, and original tax invoices related to the property. The sale and purchase contract can be signed with the Housing Authority version to the Housing Authority.

There are many big cities that have implemented online signing, which is to apply for a pre-acceptance number and fill in the form online, and then submit the documents, so as not to queue up at the housing authority).

Tax payment transfer means: after the buyer and the seller pay their respective taxes, both parties bring their ID cards and all the invoices and documents of their respective taxes and fees to the housing authority to check and confirm that the tax has been paid, complete the transfer, and receive the transfer receipt.

Obtaining the certificate means: the buyer shall bring the ID card and the transfer receipt to the housing authority to collect the new real estate certificate at the specified time according to the transfer receipt.

In the case that the property is an ordinary residential property, the title deed is more than 2 years old and it is the only residential property, the sale is more cost-effective.

The property is an ordinary residential property, and if the property ownership certificate has been completed for five years and is the only residential property, it is more cost-effective to buy and sell. The details are as follows: In the case of closing, the gift fee is about 6% of the tax return price (i.e. the transfer price of the property agreed upon by you) (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 the tax return value for a single individual income tax.

Since the gift between immediate family members only needs to pay 3% of the deed tax, if the transfer of the house involved will incur a large amount of taxes, in this case, it is more cost-effective to take the gift and transfer.

A 20% personal income tax is payable. However, if the donated real estate meets the conditions stipulated in the policy: "it is the only living house of the family and the date of issuance of the certificate is more than 5 years", it can still be exempted from paying individual income tax when the real estate is transferred.

Family members, including husband and wife and minor children, as long as there is only this property in their name and the date of the real estate certificate has been issued for 5 years, they are in line with the policy and do not pay individual income tax at the time of transfer.

This is the standard for gifted property.

According to the relevant regulations, if the donor and the donee are immediate relatives or in-laws, the real estate gift is exempt from deed tax. Gifts between parents and children or between husband and wife are exempt from deed tax.

The establishment of the gift contract requires the donor to have full civil capacity and express his true intentions, and the donee accepts it.

Legal basis: Civil Code of the People's Republic of China

Article 657: A contract for a gift is a contract in which the donor gives all his property to the donee free of charge, and the donee expresses his acceptance of the gift.

Article 659:Where it is necessary to go through registration or other formalities in accordance with law for donated property, the relevant formalities shall be completed.