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Calculation method of land transfer fee:
1. If there is an actual transaction price, and it is not lower than the average standard of the benchmark land price of the level, the transfer fee shall be calculated according to the standard of not less than 40% of the transaction price, and if the transaction price is lower than the average standard of the benchmark land price, it shall be calculated according to 40% of the total land price.
2. When the transfer of the allocated land use right is re-transferred, it shall be calculated at 40% of the average standard of the benchmark land price.
3. If the transferee of the land use right has any objection to the amount of land transfer fee calculated by the above methods, the transferee shall entrust a qualified land appraisal agency to conduct an assessment, and calculate the land transfer fee at 40% of the appraisal price.
Fourth, the maximum proportion of the cost of the allocated land use right to the land shall not be higher than 60%, and when calculating the transfer fee based on the allocation of land use right, the cost must be converted into market land, and then the land transfer fee shall be calculated according to the standard of not less than 40%.
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There are two kinds of affordable housing, and the house managed by affordable housing is generally a house that raises funds to build a house or a relocation house, which is often called the second type of affordable housing, and the buyer pays 3% of the land transfer fee when the transaction is made. The other is the affordable housing project house, such as Beijing's Huilongguan, Tiantongyuan, Tonghui Home, etc., when the land is approved in accordance with the affordable housing, this kind of house must be completed 5 years before the transaction, the transaction must pay 10% of the comprehensive land price, if the house book is stamped with a square seal, written according to the management of affordable housing, that is 3% of the land transfer fee.
Commercial housing does not need to pay the land transfer fee, and there may be some commercial housing in the relocated house, because the house where the original owner was demolished is a private house, so after the relocation, it is not given according to the relocated house, but according to the commercial house, so the commercial house does not need to pay this 3%, but this probability is very small.
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Legal analysis: No, the land transfer fee is generally only paid once, and after the owner of the relocated house obtains the right to use the land after paying the land transfer fee, the relocated house transaction does not need to pay the land fee, but when the land use right expires and is renewed, the land transfer fee must be paid again. Article 55 The construction unit that obtains the right to use State-owned land by way of transfer and other paid use shall pay the land use fee and other fees for the transfer of land use rights in accordance with the standards and methods prescribed by the State in accordance with the standards and methods prescribed by the State and the People's Republic of China.
Legal basis: Law of the People's Republic of China on the Administration of Urban Real Estate
Article 36 For the transfer or mortgage of real estate, the parties shall handle the registration of ownership in accordance with the provisions of Chapter V of this Law.
Article 62 When real estate is mortgaged, the mortgage registration shall be handled with the department prescribed by the local people's ** at or above the county level. Where land use rights and house ownership are obtained as a result of the disposal of mortgaged real estate, the transfer registration shall be completed in accordance with the provisions of this Chapter.
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Legal analysis: The land transfer fee must be paid for the relocated house. The land transfer fee is generally only paid once, and the owner of the relocated house obtains the right to use the land after paying the land transfer fee, and the relocated house transaction does not need to pay the land transfer fee again, but when the land use right expires and is renewed, the land transfer fee must be paid again.
Legal basis: Land Management Law of the People's Republic of China
Article 1 This Law is enacted in accordance with the Constitution in order to strengthen land management, maintain the socialist public ownership of land, protect and develop land resources, rationally utilize land, effectively protect cultivated land, and promote sustainable social and economic development.
Article 2 The People's Republic of China implements the socialist public ownership of land, that is, ownership by the whole people and collective ownership by the working masses. Ownership by the whole people, i.e. ownership of state-owned land is exercised by *** on behalf of the state. No unit or individual may occupy, buy, sell, or illegally transfer land in any other form.
Land use rights may be transferred in accordance with law. The State may, for the sake of the public interest, expropriate or expropriate land in accordance with the law and provide compensation. The State implements a system of paid use of state-owned land in accordance with the law.
However, the State shall not be able to allocate the right to inform the use of state-owned land within the scope prescribed by law.
Article 3 It is the basic national policy of our country to cherish and rationally use land and to effectively protect cultivated land. The people at all levels shall take measures to comprehensively plan and plan, strictly manage, protect and develop land resources, and stop illegal occupation of land.
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Legal analysis: The relocation house must pay the land transfer fee. The land transfer fee is generally only paid once, and after the owner of the relocated house obtains the right to use the land after paying the land transfer fee, the relocated house transaction does not need to pay the land fee again, but when the land use right expires and is renewed, the land transfer fee must be paid again.
Legal basis: "Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights" Article 13 The transfer of land use rights may take the following ways: (1) Agreement; (B) bidding; (3) Shoot quietly and sell fraud.
D) in accordance with the provisions of the preceding paragraph of the specific procedures and steps for the transfer of land use rights, by the provinces, autonomous regions, municipalities directly under the Central Government people.
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Summary. If the buyer and seller have any objection to the guidance, they can entrust a qualified real estate appraisal agency to evaluate the property, and the required appraisal fee shall be borne by the entrusting party. After purchasing the purchased affordable housing at the market price, the buyer obtains the property right of the commercial house.
The property owner can also obtain the commercial property right after paying the land income according to 70% of the price difference between the original purchase** and the ordinary commodity housing in the same location.
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It is stipulated that after the owner of the resettlement house has been held for 5 years, he can apply for the real estate certificate, deed tax certificate, and land transfer certificate of the commercial housing in Luhengming with the housing management department to which the housing belongs to apply for the real estate certificate, deed tax certificate, and land certificate of the nature of the transfer.
Land transfer fee (current market price purchase price) 70, after the family has purchased a house to change the house to obtain the deed tax payment certificate or house ownership certificate for five years, the house can be purchased at the market price**. The property owner shall pay the equivalent price of the land income according to the price difference between the original purchase ** and the sale of ** reeds.
At the time of the transaction, before the date of issuance of the regulations, it shall be handed over according to 10 of ****, and after the date of issuance of the regulations, the property owner shall pay the equivalent of land income according to the difference between the original purchase of ** and ****. **Zao Cong** is lower than the ordinary commodity housing with a basic similar housing condition in the same lot announced by the relevant municipal departments** (hereinafter referred to as the guidance of the Yan Hong**), the price difference should be calculated according to the guidance**.
If the buyer and seller have any objection to the guidance, they can entrust a qualified real estate appraisal agency to evaluate the property, and the required appraisal fee shall be borne by the entrusting party. After purchasing the purchased affordable housing at the market price, the buyer obtains the property right of the commercial house. The property owner can also obtain the commercial property right after paying the land income according to the 70 years of the difference between the price difference of the original purchase** and the ordinary commercial housing in the same area, which is basically similar to the housing condition.
Hope it helps.
If you pay the land transfer fee and get the real estate title certificate in the first transaction of the relocation house, you don't need to pay the land transfer fee in the second transaction, right?
yes, I hope mine can help you.
You don't have to pay back the land revenue, do you?
Yes, let's take a look at the local policies.
1. Application form for real estate transfer registration; Proof of the applicant's identity; Certificate of Real Estate Title. >>>More
The deed tax for the relocation property is calculated as follows: >>>More
Whether the tax on the sale and purchase of the relocated house needs to be paid.
Can I buy a relocation house? It is not recommended to buy a relocation house, and quality and property rights are things to pay attention to.
1. In terms of house prices.
There is a difference between commercial housing and demolition housing, which can be listed immediately and mortgaged by the bank for loans. The relocation house enjoys the preferential treatment of the national policy, does not include land transfer money, is relatively low and has small property rights, so it does not enjoy the above rights of commercial housing. >>>More