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Difference Between Two Years and Five Years of House:
1. The two years of the real estate certificate refers to the time from the purchase of the house to the transfer of the deed tax has been two years, and the time of two years in line with the payment of the deed tax is "two years". The starting point of the deed tax payment time is the date of payment of the deed tax and the issuance of the deed tax invoice!
2. The real estate certificate has been completed for five years or more than five years from the date of issuance of the deed tax invoice. That is, it has been more than five years from the date and time of the first payment of the deed tax and the issuance of the invoice, that is, it is full five.
3. The tax rate is different, the biggest difference between the house for two years and the house for five years is the difference in taxes and fees, the real estate certificate for five years, the business tax will be saved when the transfer is completed, and if there is no second house under the name, you can save 1% personal income tax. If the real estate certificate is less than five years, the business tax and 1% personal income tax must be paid when the ownership is transferred.
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What is the difference between a second-owned house that has been 5 years old and a 2 year old? Be careful to spend a lot of money, too much!
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The tax paid for the real estate certificate for 2 years and less than 5 years is as follows:
1. Taxes and fees payable by the buyer:
Deed tax: 1% of the house price;
Stamp duty: of the house payment;
Transaction fee: 3 yuan per square meter;
Surveying and mapping fee: yuan square meter;
Ownership registration fee and evidence collection fee: generally within 200 yuan.
2. The seller shall pay taxes and fees:
Stamp duty: of the house payment;
Transaction fee: 3 yuan per square meter;
Business tax: no need to pay, individuals ** purchase ordinary housing for more than 2 years;
Exemption from business tax: personal income tax: 1% individual income tax is required.
Legal basisNotice of the State Administration of Taxation on Issues Concerning the Administration of Land Appreciation Tax Liquidation of Real Estate Development Enterprises
Income from indirect sales and owner-occupied real estate is determined.
1) When a real estate development enterprise uses the developed products for employee welfare, incentives, foreign investment, distribution to shareholders or investors, repayment of debts, and exchange for non-monetary assets of other units and individuals, it shall be regarded as the sale of real estate when the transfer of ownership occurs, and its income shall be recognized in the following methods and sequences:
1.Determined by the average ** of the same type of real estate sold by the enterprise in the same area and in the same year;
2.It shall be determined by the in-charge tax authority with reference to the local market ** or appraised value of similar real estate in the current year.
2) When a real estate development enterprise converts part of the developed real estate for its own use or for commercial purposes such as leasing, if the property rights are not transferred, no LAT shall be levied, and the income shall not be included in the tax liquidation, and the corresponding costs and expenses shall not be deducted.
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The difference is in the difference in taxes.
1. According to the relevant tax policies, the property sold for more than 2 years can be exempted from value-added tax according to the regulations, but the individual income tax still needs to be paid, and it is generally necessary to pay 1% of the house price or 20% of the difference between the two transactions.
2. The property that has been completed for five years will be more preferential in terms of taxation, not only can it be exempted from VAT, but also it can also be exempted from personal income tax, but the premise is that it is the only house in the family.
3. If it is not the only house of the family, it is necessary to pay 1% of the house price or 20% of the difference between the two transactions.
For commercial housing and affordable housing, the term of the second-hand real estate certificate can be defined according to the date filled in on the deed tax invoice.
For public housing that has been purchased, the age of the house can be calculated from the date filled in the title deed, the date signed in the original purchase contract, and the date of receipt of the first purchase price.
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1. Taxes and fees payable by the buyer: deed tax: 1% of the house price (1% can be paid if the area is less than 90 square meters and it is the first house); Stamp Duty:
of the payment of the house; Transaction fee: 3 yuan per square meter; Surveying and mapping fee: yuan square meter; Ownership registration fee and evidence collection fee:
Generally, it is within 200 yuan.
2. Taxes payable by the seller: stamp duty: house payment; Transaction Fees:
3 yuan square meter; Business tax: no need to pay, individuals who purchase ordinary housing for more than 2 years (including 2 years) are exempt from business tax: individual income tax:
You need to pay 1% individual income tax (if the real estate certificate is more than 5 years old and you are the only house, you can be exempted).
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1. The time is different
"Full 5" means that the deed tax payment time for the house transfer is 5 years, while "full 2" means that the deed tax payment time for the house transfer is 2 years, and the time limit for the two is different.
2. Land appreciation tax is different
The total transaction amount of non-ordinary residential houses within 3 years, the total transaction amount of houses within 3 to 5 years, and the total transaction volume of houses in 5 years or more are exempted.
3. Individual income tax is different
For ordinary residences, for ordinary residences that are more than 2 years old (inclusive) and less than 5 years old, the individual income tax (income from the sale of the house, the total amount of the house purchased, and stamp duty) is 20%. The only dwelling for more than 5 years can be exempted.
4. The deed tax is different
For ordinary residences, regardless of whether they are unique or not, if they have been completed for two years but less than five years, they will be charged at 1%; Exclusive housing tax exemption for five years.
What are the precautions for buying a second-hand house:
1. Pay attention to the nature of the house.
There are several types of houses: commercial housing, affordable housing, fund-raising housing, public housing purchased at standard price, public housing purchased at cost price, central production housing, etc. Given the different nature of the property, the law applicable in the sale and purchase of the property is also different.
Therefore, it is recommended that everyone distinguish the nature of the house when buying a second-hand house.
2. Pay attention to the rental status of the house.
If the seller's house has been rented out, the lessee has the right of first refusal to purchase the house, so the buyer must obtain a statement from the lessee to waive the right of first refusal, otherwise the lessee has the right to claim that the sales contract signed by the buyer and the seller is invalid. At the same time, even if the lessee waives the right of first refusal, the lessee has the right to require the buyer to continue to perform the original lease contract if the lease term of the lessee has not expired. This will have a certain impact on home buyers.
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The difference between two years and five years is that the taxes charged on the sale and purchase of a house are different。Houses with a two-year capital are subject to individual income tax, and a house with a five-year capital is the seller's only house, so Huaichang can be exempted from personal income tax. However, regardless of whether the house capital is five years old or two years, the business tax is exempted.
Ways to define whether a house is two years old and five years old:
1. Commercial housing
The definition of commercial housing mainly depends on the date of filling and issuing the deed tax payment invoice, or the registration date of the real estate certificate, and whether the house is 2 years old or 5 years old according to the original one.
2. Inherited real estate
It is relatively easy to define the inheritance of real estate, generally from the date of inheritance to calculate the starting date, to see whether the starting date is 2 years or 5 years.
3. Housing reform
There are three ways to define a house for renovation: it can be calculated from the date of signing the original purchase contract, or it can be calculated from the date of issuance of the title deed or the date of the receipt of the first purchase price. According to the principle of the above three times, to calculate whether the house is 5 years old or 2 years old, it is worth noting that the chapter of the receipt and the chapter of the purchase contract must be the same to be valid.
4. Donated real estate
The definition of the donated property is calculated from the date before the gift, and whether it is 5 years or 2 years from this time; If it is a real estate gift for non-immediate family members, it is necessary to calculate whether the house has been 2 years old or 5 years old according to the provisions of commercial housing and housing reform.
5. Real estate for the husband and wife to change their names (including divorce and property separation).
The definition of a change of name between husband and wife is based on the date before the change of name of the property to determine whether it has been 2 years or 5 years.
The property ownership certificate can also be transferred if it is less than two years old
The real estate certificate can be transferred for less than two years, and at the same time, it is necessary to pay personal income tax, value-added tax and surcharges. Thirty days after the signing of the housing transaction contract, both parties shall apply to the real estate management department with a valid certificate of real estate and a valid identity certificate and transfer contract, and declare the transaction**. The relevant real estate department shall review the relevant documents and make a written reply to the application within 15 days.
1. The real estate management department verifies the property and conducts on-site assessment. The parties to the real estate transfer pay certain taxes and fees, and the real estate management department issues a certificate of transfer. When the two parties sign the sales contract, they agree in writing on the specific time for the buyer to obtain the real estate certificate, and if the buyer does not obtain the real estate certificate due to the developer's reasons, the developer shall bear the liability for breach of contract.
2. If the two parties agree on the specific liability for breach of contract in the contract, it shall be agreed upon; If only the time is agreed and the liability for breach of contract is not agreed, the buyer may request the developer to pay interest according to the total amount paid for the purchase, which is calculated with reference to the standard for financial institutions to charge interest on overdue loans stipulated by the People's Bank of China.
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