How to spend less money on the transfer of the parents real estate certificate to their children

Hello, first of all, to deny the notarization you mentioned, because notarization does not represent the real transfer of house ownership, notarization is only an intention, and the transfer of house ownership must be the change of the owner of the house on the real estate certificate, so notarization is not advisable.

Now let's talk about the remaining two ways, gift and buy.

According to the law, the donated house is exempt from business tax, and in addition, the donation of real estate between close relatives and people with a relationship of support and support, as well as the acquisition of real estate by inheritance or bequest, are exempt from individual income tax.

However, it should also be noted that, according to the provisions of the law, if the owner of the house property rights donates the house property rights to others free of charge, the donee shall pay individual income tax according to the item of "other income determined by the financial department to be taxed", and the tax rate is 20%, but the relevant taxes and fees in the process of handling the house transfer can be deducted.

That is to say, if the way of gift is adopted this time, then the personal income tax to be paid by the donee will be relatively high when the house is again ** in the future.

Therefore, you still have to think about it, in fact, just for this transfer behavior, the difference between the tax amount between the sale and the gift is not very large, whether to consider the current tax, or to consider the future tax, you have to take the big idea yourself

Parents ask for money to transfer the real estate certificate to their children, and the transfer costs, generally speaking, include (1) notary fees, (2) appraisal fees, (3) deed tax; (4) Land Appreciation Tax; (5) income tax; (6) Housing property registration fee.

Legal basis: Article 5 of the Provisional Regulations on Property Tax: The following properties are exempt from property tax:

1. Real estate for the personal use of state organs, people's organizations, and the military; 2. Real estate for self-use by units allocated by the state finance department; 3. Real estate for self-use of religious temples, parks, places of interest and historic sites; Burning car.

4. Individual-owned real estate that is not used for leather stool business; 5. Other properties that have been approved by the Ministry of Finance to be exempted from coarse plex tax.

It can be used as a gift transfer or a sale transfer. 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 tax value for a single personal income tax.

Therefore, it is not advisable to use gift transfer. It is recommended to use the vertical account of buying and selling, that is, the direct transfer of the property by the father to the children or others. The tax is about 8% greater than the tax return (seller:

Personal income tax 1% (exempt for real estate certificates greater than 5 years), business tax for real estate certificates greater than 5 years exempt), buyers: 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). 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.

That is, the total left which bridge is right. 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 housing: 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. Deliveries refer to:

The buyer and seller should bring the relevant documents to the housing authority to apply for real estate transfer registration. The buyer brings the original ID card. 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, that is, 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)

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 taxes have 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.

Article 1 of the Notice on Individual Income Tax Issues Concerning Individual Donated Houses Donated by Individuals Free of Charge shall not be subject to individual income tax on both parties in the following circumstances: (1) The owner of the house property right will donate the property right to his spouse, parents, children, grandparents, grandchildren, grandchildren, brothers and sisters free of charge; (2) The owner of the property right of the house gives the property right of the house free of charge to the guardian or supporter who bears the obligation of direct support or support; (3) The legal heirs, testamentary heirs or legatees who have obtained the property rights of the house in accordance with the law after the death of the owner of the property rights of the house.

Expenses required for the transfer of the real estate certificate by the parents to the children: If the house is donated to the children free of charge, there is no need to pay personal income tax, but it is necessary to pay deed tax and stamp duty; If the child inherits the parents' property through a will, there is no need to pay taxes, only the registration fee and the production cost. The registration fee for residential units is $80 per unit and $550 for non-residential units.

Article 1 of the Notice on Individual Income Tax Issues Concerning Individual Donated Houses Donated by Individuals Free of Charge shall not be subject to individual income tax on both parties in the following circumstances: (1) The owner of the house property right will donate the property right to his spouse, parents, children, grandparents, grandchildren, grandchildren, brothers and sisters free of charge; (2) The owner of the property right of the house gives the property right of the house free of charge to the guardian or supporter who bears the obligation of direct support or support; (3) The legal heirs, testamentary heirs or legatees who have obtained the property rights of the house in accordance with the law after the death of the owner of the property rights of the house.

Lawyer analysis

Fees for the transfer of the title deed to the children of the parents:

If you donate the house to your children free of charge, you do not need to pay personal income tax, but you need to pay deed tax and stamp duty;

If the child inherits the property of his or her parents through a will, he or she does not need to pay taxes, but only needs to pay the registration fee and the cost of production.

The residential registration fee is $80 per unit and $550 per non-residential unit.

Legal basis

Article 1 of the Notice on Individual Income Tax Issues Concerning Individual Donated Housing by Individuals Free of Charge.

In the following circumstances, no individual income tax shall be levied on both parties for the free gift of house property rights:

1) The owner of the property right of the house will donate the property right of the house to his spouse, parents, children, grandparents, grandchildren, grandchildren, brothers and sisters free of charge;

(2) The owner of the property right of the house gives the property right of the house free of charge to the guardian or supporter who bears the obligation of direct support or support;

(3) The legal heirs, testamentary heirs or legatees who have obtained the property rights of the house in accordance with the law after the death of the owner of the property rights of the house.

Legal analysis: If the transfer is made by way of gift to the son, there is no need to pay the deed tax, but if it is to be sold again in the future, it is necessary to pay individual income tax, and if the transfer is made to the son by way of sale, the deed tax is calculated in proportion to the total price of the house after the tax department has assessed it.

Legal basis: Article 14 of the Interim Regulations on the Registration of Immovable Property Article 14 Where an application for registration of immovable property is made due to speculation such as sale, creation of mortgage, etc., both parties shall jointly apply.

In any of the following circumstances, the person involved in the case may apply unilaterally:

1) The immovable property that has not yet been registered applies for registration for the first time (2) the inheritance or acceptance of a bequest to obtain the right to immovable property (3) the establishment, alteration, transfer or extinction of the immovable property right by the effective legal document of the people's court or the index liquid arbitration commission or the effective decision of the people's ** (4) the name or title of the right holder or the change of natural conditions and the application for modification of registration (5) the loss of immovable property or the waiver of the immovable property rights by the right holder and the application for cancellation of registration (6) the application for correction of registration or objection to registration (7) Other circumstances where laws and administrative regulations provide that a unilateral application may be made by the parties.

Legal Analysis: Gift tax between immediate family members is only 3% deed tax.

Legal basis: Article 32 of the "Housing Registration Measures" In the event of any of the following circumstances, the parties shall apply for registration of the transfer of housing ownership after the relevant legal documents take effect or the facts occur:

a) Buying and selling; ii) Ridge-resistant interchange;

3) gifts; 4) Inheritance and bequest;

5) The house is divided or merged, and the ownership is transferred;

6) Housing investors' shares;

7) The division or merger of Fachang Liang infiltrators or other organizations, resulting in the transfer of housing ownership;

Other circumstances stipulated by laws and regulations.