Immediate family real estate purchase and sale issues, can immediate family members buy and sell hou

Your mommy's house is her pre-marital property, and the property rights belong to him! If you want to transfer the property to your name, you can go through the gift procedures or buy and sell the transfer, and finally ask your mommy to write a will, designating you or your children as the sole heirs of the property. (Pay attention to the legal validity of the will).

Gift; Since it is a gratuitous gift between true relatives, it is exempt from individual income tax and business tax. It is necessary to handle the gift agreement and notarization, pay the notary fee, handle the transfer and pay the real estate appraisal fee, deed tax,. Stamp duty, enough for the cost of handling fees and other expenses, since you are a gift free of charge, then you will need to bear 20% of the full price of the personal income tax and business tax of the house in the future!

buying and selling; As long as this house is in your mother's name for inhibition housing and has been held for five years, then if it is sold to you, it is also exempt from personal income tax and business tax! It is necessary to pay an appraisal fee (about 6/1000), deed tax (15 per 15 square meters below 90 square meters), stamp duty (5/10,000), and a handling fee (about 200 yuan). The comparison found that buying and selling is more cost-effective than gifting!

Inheritance is similar to gifting, and you have to pay a high amount of personal income tax and business tax when you sell the house in the future!

Can it solve your problem?

Parents are alive and do not need other children to be present, and parents can go to the housing authority together to go through the transfer procedures, immediate family transfer or gift discounts, whether it is a gift, or a transaction transfer does not need a notarial certificate,.

Legal analysis: the immediate family household registration is together, not enough to become a form of sale, the household registration together can not be transferred, so it is not possible to take out a loan, if it is an immediate family buying, both parties need to meet the requirements of full buying. Requires the seller to provide:

Original and photocopy of title deed; Original and photocopy of ID card; Original purchase agreement original and photocopy; Original and photocopy of household register; If you are married, you need to provide the original and copy of the marriage certificate; If you are married, you need to provide a co-owner consent** opinion.

Legal basis: Article 728 of the Civil Code of the People's Republic of China If the lessor fails to notify the lessee or has other circumstances that hinder the lessee's exercise of the right of first refusal, the lessee may request the lessor to bear the liability for compensation. However, the validity of the contract for the sale and purchase of the house concluded between the lessor and a third party shall not be affected.

Legal analysis: The transfer of real estate for immediate family members is mainly divided into three forms: gift, transaction and inheritance.

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

Article 208:The establishment, 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.

Article 209 The creation, 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.

Article 215:Unless otherwise provided by law or otherwise agreed by the parties, a contract concluded between the parties concerning the creation, modification, transfer or extinction of real estate rights shall take effect upon the conclusion of the contract; If the property right is not registered, the validity of the contract shall not be affected.

Legal Analysis: There are the following processes for buying and selling a house:

1. The buyer and the seller establish information communication channels, and the buyer understands the overall status of the house and the property rights, and requires the seller to provide legal documents, including house ownership certificates, identity documents and other documents.

2. If the house provided by the seller is legal, it can be listed and traded, and the buyer and seller sign the house sale contract.

3. The buyer and the seller jointly apply to the real estate transaction management department for review.

4. Pay taxes and fees.

5. Handle the procedures for the transfer of property rights.

Legal basis: "Chinese people pretend to be the People's Republic of China City Changkuan Real Estate Management Law" Article 61 When the real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for the registration of real estate resistance, and apply for the registration of land use right change to the people's ** land management department at the same level with the changed house ownership certificate, and after verification, the people at the same level shall replace or change the land use right certificate.