My father wants to transfer the property to me, what procedures do I need to do and how much I need

But it depends on whether you are dealing with inheritance, transfer, or gift.

Deed tax: The transferee pays the deed tax at 3% of the transaction** (or market**).

Stamp Duty: Taxed at the rate of the housing market**, each with full decals. The house ownership certificate is 5 yuan per copy.

Production cost: If a housing ownership certificate is issued, the production cost of the certificate will be exempted; When issuing a certificate of ownership to more than one house owner, the cost of the certificate shall be paid at 10 yuan per certificate for each additional certificate.

The above is more detailed.

The specific fees paid by the father to transfer the property to his son are as follows:

1. Handle the transfer of ownership by way of transfer

If the property is "sold" to children, the deed tax will be paid at 1% for the first time buyers of less than 90 square meters, and the price of 90-140 square meters will be paid according to the house price, and the VAT rate will be paid by the seller. If it is an ordinary residence that has been purchased for more than 2 years, it will be exempted from value-added tax and land appreciation tax for five years, paid at 1% of the house price for less than five years, exempted from income tax for five years, paid at 1% of the house price or 20% of the difference between the original value of the house or the current value of the house for less than five years, and the housing transaction fee shall be paid according to the construction area of 6 yuan square meter;

2. Transfer by gift:

Taxes and fees to be paid include deed tax, notary fee (generally 2% of the house price) and registration fee. The main one is the deed tax, which is 3% of the property appraisal**, which is generally 3% of the market**. If the child is a house after 5 years of real estate certificate, he can be exempted from business tax and personal income tax, and only need to pay a small handling fee;

3. Handle the transfer by inheritance:

The notary fee is paid at 2% of the house price, the appraisal fee is paid at the house price, the business tax is paid at the appraisal price of the house, the land appreciation tax is paid at 1% of the house price, and the house property registration fee is paid.

Legal basisArticle 6 of the Deed Tax Law of the People's Republic of China.

Deed tax shall be exempted under any of the following circumstances:

1) State organs, public institutions, social organizations, and military units that receive land and housing ownership for office, teaching, medical treatment, scientific research, and military facilities;

2) Non-profit schools, medical institutions, and social welfare institutions that receive land and housing ownership for office, teaching, medical treatment, scientific research, pension, and assistance;

3) Inherit the right to use barren mountains, wastelands, and barren beaches for agriculture, forestry, animal husbandry, and fishery production;

4) Changing the ownership of land or houses between husband and wife during the existence of the marital relationship;

5) The legal heirs inherit the ownership of land and houses through inheritance;

6) Foreign embassies and consulates in China and representative offices of international organizations in China that shall be exempt from tax in accordance with the law shall inherit the ownership of land and houses.

According to the needs of national economic and social development, the deed tax may be exempted or reduced for the guarantee of residents' housing needs, enterprise restructuring and reorganization, post-disaster reconstruction, etc., and shall be reported to the Standing Committee of the National People's Congress for the record.

Legal Analysis: It can be used as a gift transfer or a sale and purchase 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 value of the individual income tax alone. Therefore, it is not advisable to use gift transfer. It is advisable to use the sale and purchase transfer, i.e. the transfer of the property directly from the father to the children or others.

The tax is about 8% of the declared tax price (seller: 1% of personal income tax (exempt for real estate certificates greater than 5 years), and exempt for business tax real estate certificates greater than 5 years), buyers: deed tax, and other transfer taxes and fees are about hundreds, and the above tax points are calculated as 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. i.e. about a total of about that.

Legal basis: Civil Code of the People's Republic of China Article 208 The creation, alteration, transfer and extinction of real estate rights shall be registered in accordance with the provisions of law. The creation and transfer of movable property rights shall be delivered in accordance with the provisions of law.

1. The process of donating real estate:

1) Gifts between immediate family members:

Step 1: The donee submits the qualification review for the purchase of the house.

Step 2: Both parties sign a gift agreement.

Step 3: Both parties go to the notary office to do kinship notarization (there is no need to be impartial in one household register).

Step 4: Both parties take the notarial certificate of relatives to the Construction Commission to pay taxes and handle the registration of property rights transfer.

Gifts between immediate family members are subject to a 3% deed tax.

2) Gifts between non-immediate family members.

Step 1: The donee submits the qualification review for the purchase of the house.

Step 2: Both parties sign a gift agreement.

Step 3: Both parties take the gift agreement to the notary office for notarization of the gift.

Step 4: Take the notarial deed to the Construction Commission to pay taxes and handle the registration of property rights transfer.

Notary fees for gifts of property between non-immediate family members:

The building purchased at cost price is 60 yuan per square meter, and the bungalow is 40 yuan per square meter, and the commercial house is charged at 2% of the appraised price (if there is no appraised value, it is calculated based on the average ** of the area).

The cost of handling the gift is 80 yuan, regardless of whether it is an immediate family member or not.

Transfer. Second, the process of inheriting real estate:

1) To go through the procedures for the transfer of the real estate certificate, you must go to the police station where the decedent's household registration is located to cancel the household registration and apply for a death certificate;

2) To handle the transfer of real estate certificate to the district or city notary office (the original export of commercial housing to the city notary office) for inheritance notarization, real estate inheritance is divided into two kinds: one is testamentary inheritance, the other is legal inheritance. The materials that need to be submitted are:

1. Death certificate of the decedent;

2. To handle the transfer procedures of the real estate certificate, it is necessary to ask for the property right certificate or other certificates of the house;

3. Household registration book or other documents that can prove the kinship between the deceased and the legal heir;

Extended information: The identity document of the heir is required for the transfer of the real estate certificate; In the case of notarization of inheritance rights with a will, the information to be submitted separately is the will made by the deceased.

Legal basis: Article 209 of the Civil Code of the People's Republic of China The establishment, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.

It can be gifted or sold and transferred. The details are as follows:

The transfer fee is about 6% of the tax return price of the property (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 purchase transfer, that is, to transfer the property directly to the father, and the tax is about 8% of the tax value of the real estate (seller: 1% of personal income tax (exempt for real estate certificates greater than 5 years), and exempt for business tax real estate certificates greater than 5 years), buyers: deed tax, and other transfer taxes and fees are about hundreds, and the above tax points are calculated as 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. 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.

1. If the property does not need to be bought and sold again in the future, then it is better to choose [gift], so that you only need to pay:

Deed tax: 3% of the house payment.

Surveying and mapping fee: yuan square meter, ownership registration fee and evidence collection fee: within 150, notary fee: room payment.

However, when you need to trade real estate in the future, you need to pay 20% of the individual income tax.

A private gift is the act of giving away the ownership of a house to another person free of charge, usually between relatives and friends. According to the law, the donated house needs to submit the house ownership certificate, gift letter and deed, and the gift can only have legal effect after going through the formal registration procedures for the change of house ownership with the relevant departments.

The specific steps are as follows:

1. The donor and the donee enter into a written contract on the gift of the house, that is, the letter of gift.

2. The donee shall pay the deed tax and receive the deed with the original house ownership certificate and gift letter.

3. Notarization.

4. Go through the registration procedures for the transfer of house ownership. The donee shall apply for change of registration to the real estate management department and submit the following documents: (1) Application form (provided at the window).

2) Original real estate property certificate. (3) ID cards and household registration booklets of the relevant parties. (4) Letter of Gift and Notarial Deed.

5) Deed tax receipts.

5. The donor delivers the house to the donee. Here, "delivery" is subject to the completion of the registration of the transfer of property rights.

Second, if the property will still be sold, then it is better for you to choose [transaction transfer].

The transaction transfer only needs to pay: deed tax surveying and mapping fee: yuan square meter, ownership registration fee and certificate collection fee: within 150, individual income tax 1%, business tax difference. If the transfer is made at the original price, you do not need to pay individual income tax.

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