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First, the Notice on the Policy of Changing the Ownership of Housing and Land from One Spouse to the Joint Deed Tax of the Husband and Wife (Cai Shui [2011] No. 82) jointly issued by the Ministry of Finance and the State Administration of Taxation clarifies that during the existence of the marriage relationship, if the ownership of the house and land originally owned by the husband and wife is changed to the joint ownership of the husband and wife, the deed tax shall be exempted, and this policy will be implemented on August 31. I also saw from the Internet that there are some places (such as Huangshi City, etc.), which have not received an official notice from their superiors so far, so they cannot handle it.
Second, if you want to handle it quickly, it's best to ask ** every once in a while.
Third, adding the name of the spouse to the real estate deed, the procedure is relatively simple, and you should not be in too much of a hurry. If you are in a hurry, you can sign an agreement on the property and go to the local notary office to be a notary or a lawyer at a law firm.
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1. It should be noted that some national policies do arrive at a very slow speed. Of course, some have already arrived at the local area, and the local area does not drag on for three or five years, and it seems that there is no oil and water.
2. There are some things that don't need to be argued with them, it's useless to argue, they are officials, 3. If you really want to share the house, the easiest way is to write an agreement between the husband and wife temporarily, pay attention to the integrity of the agreement, and wait for a while to handle the co-ownership.
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There's no way, let's wait first, both parties agree to add the name, it's just a matter of time, don't be too anxious.
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It's not easy, can you husband and wife sign an agreement! Don't be in such a hurry. And then the country to the place is a bit like that.
It's not that they don't execute, it's that it's not time to execute! I paid personal income tax in September according to the old regulations, and the reason given by the local taxation bureau was that the documents were not delivered. Hehe In the end, you don't have to worry about it, sooner or later.
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Hello! Read your description......
To apply for a real estate certificate, according to the regulations, bring the land certificate, ID card, and household registration book.
The housing authority where the hukou is located.
Then pay the taxes and fees, and you can get the real estate certificate.
No problem at all, good luck!
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Because you are an ordinary residence, the deed tax will be charged at 3%.
The ones you have divided above are just the deed tax standards for ordinary residences.
Criteria for distinguishing ordinary dwellings from non-ordinary dwellings.
1. The floor area ratio of the residential area is above that;
2. The construction area of a single house is less than 144 square meters;
3. The transaction price is lower than the local guide price.
If one of these three conditions is not met, then the house is not an ordinary house
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Check what the floor area ratio of the elevator building is and whether it is included in the non-ordinary housing; If it is a non-ordinary house, it will be paid at 3%, and if it is included in the ordinary housing and you are a first-time buyer, it will be paid;
See; 1. The floor area ratio of the residential area is above that;
2. The construction area of a single house is less than 144 square meters;
3. The actual transaction ** is lower than the average transaction of housing on the same level of land** times.
Houses that do not meet the above three conditions at the same time are non-ordinary houses.
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1. Are you your first property? (including the property under your spouse and children)2, is your property a commercial or commercial property?
If it's your first home and it's purely residential, keep looking down, otherwise it's 3%.
The developer can only collect the deed tax on behalf of the developer, and it cannot replace the local taxation bureau to say that it will be 3% with an elevator, which is pure nonsense. Maybe the developer will charge 3% for each household, and then pay the local tax bureau, the local tax bureau will approve, which is 1% and which is, and then return the money, or please ask more clearly.
If it is confirmed that this is an arbitrary charge by the developer, it is recommended that you still pay the money, get the invoice, and use this as evidence to go to the inspection department of the local taxation bureau or the court to file a complaint or lawsuit.
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If it is a second house, no matter how much area it is, you must pay the deed tax at 3%. If it is the first house, it will be paid according to the square number you said, and it has nothing to do with whether it is an elevator room or not. It is recommended that it is best not to hand over the money to the developer, let the developer send someone to go to the real estate bureau with you to apply for the real estate certificate, and pay all kinds of taxes and fees on the spot, and the tax bureau will give you an invoice after receiving the money.
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It doesn't matter who complains. I personally went to the window of the tax bureau and asked, wouldn't it be clear? Why listen to the developer's words - after all, it is only running errands for you, and its ability to interpret policies is poor, and communication is not its strong point.
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This mainly depends on whether you are a first-time buyer, if the housing authority can issue a certificate of no house, then the deed tax of 90 square meters - 139 square meters is. Otherwise it's 3%.
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The deed tax belongs to the business of the Finance Bureau, and can be paid at the relevant window of the Finance Bureau, or at the window of the Housing Authority (for the convenience of users, there is a special payment window).
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It should be issued at the tax window and then paid at the bank, and generally the housing authority has a tax and bank tax collection window.
1. Taxes and fees payable by the buyer:
1. Deed tax: 3% for the house (3% for the area of more than 144 square meters, 1% for the area of less than 90 square meters and the first house).
2. Stamp duty: for the house payment.
3. Transaction fee: 3 yuan per square meter.
4. Surveying and mapping fee of RMB square meter.
5. Ownership registration fee and evidence collection fee: generally within 200 yuan.
2. Taxes and fees payable by the seller:
1. Transaction fee: 3 yuan per square meter.
2. Stamp duty: for the house payment.
3. Business tax: price difference * real estate certificate less than 5 years).
4. Individual income tax: 20% of the profit part of the real estate transaction or 1% of the house price (the real estate certificate can be exempted if it is the only house for 5 years).
Brokerage fee: generally 2% to 3% of the room price
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According to the national regulations, the local tax department is handed over to the local tax department, usually before the real estate certificate, the deed tax must be completed, if the purchase is a new house, with the original and copy of the purchase contract, the original invoice or the original and copy of the receipt, the original and the copy of the ID card can go through the deed tax payment procedures.
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Information required for payment of deed tax: The buyer shall bring a copy of the purchase contract, the ID card of both husband and wife, household registration book (or marriage certificate), the purchase invoice, the public housing certificate of the building where the buyer's house and the annex building are located, as well as the first purchase certificate and the deed tax application form with the official seal to the deed tax collection office, and some go to the local trading center to handle it.
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Is there an invoice for the deed tax paid by the Housing Authority?
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1. According to national regulations, the deed tax is handed over to the local tax department, and the payment of deed tax must be completed before applying for the real estate certificate. If you are buying a new house, you can go through the deed tax payment procedures with the original and copy of the purchase contract, the original and copy of the invoice or receipt, and the original and copy of the ID card.
2. If the purchase is a second-hand house, the following information must be provided before the deed tax payment procedures can be handled: the buyer and the seller go to the core window of the real estate transaction to sign the application for housing transfer tax, the original and copy of the real estate appraisal report; A copy of the ID card of the buyer and the seller, the original and a copy of the original real estate certificate.
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Pay at the local tax office. Generally, the housing authority and the local taxation bureau are on the same floor, so it is easier to handle the procedures. Taxes and fees must be paid at the tax office.
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It's not the same from province to province. Some provinces are in local taxes, and some provinces are in finance. It's best if you still ask about the local area.
What is written in the tax law is: the deed tax is paid at the collection authority where the land and house are located, and it is not clear to say, you can ask the local 12366**, or ask the real estate agent.
It used to be paid at the local finance department, but now it is all paid at the local tax bureau.
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From October 19th, you will not be executed if you get the real estate deed. Because it was filed online to buy a house after October 19. You must have bought the house before this date.
PS: For the determination of the time of purchase, the pre-sale of commercial housing shall be subject to the time when the buyer signs a contract with the developer and files the record. Existing commercial housing and second-hand housing shall be subject to the time recorded in the new house ownership certificate after the transfer.
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Dude, have you been deceived?
First of all, you didn't say whether you were buying an off-plan property or an existing property.
If it is an off-plan house, the developer can file your purchase contract with the housing authority, and if you resell it, you can cancel the record, although it is troublesome, but it is more convenient.
If it is an existing house, it is easier to do it if the real estate certificate is not done, you can sell the contract directly, or you can find the developer to change the name on the purchase contract (don't tell me that you don't have a purchase contract). The property rights are handled by the purchase contract.
There is another question that I don't understand, how do you pay the land tax? You only need to pay the deed tax to buy a house.
If you don't get a loan, how can the developer give you an invoice? The invoice is issued to mean that the house money has been paid enough, but you only paid the down payment, and the bank money has not been paid, and I also feel inexplicable.
Then there is the purchase deed tax is generally 1%-4%, depending on the region, it is generally 1% now, and I have never seen a 10% tax.
In my opinion, could it be that there is something wrong with your house? Could it be a small property right? The developers are completely cheating.
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I don't quite understand why Party B wants to apply for local tax invoices. In this case, you should return the invoice to the developer for invalidation, and the developer will re-issue the invoice to Party B.
As for the tax borne by Party B in the sale of real estate, it should be regarded as the normal tax under the normal transaction, and he has to pay it with or without you.
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If the tax bureau does not let it be invalidated, the business tax on the sale of immovable property is 5%, the stamp duty is one thousandth, the business tax amount of urban construction tax * 7%, the additional business tax amount of education fee * 3%, and the land appreciation tax is calculated as the general ledger, not necessarily. However, these taxes are paid by the developer, and you only pay 2% of the deed tax
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Pre-marital real estate name, pre-marital real estate is a personal unilateral property, adding another person's name is equivalent to a gift of transfer of half a suite to others, according to the tax law is to collect 3 -5 of the value of the deed tax, but this other person is not an ordinary person, is a spouse, there is specificity, so there are many places to humanize a little, you can be exempted (or less) this tax, only charge hundreds of dozens of handling fees and costs. Now the Ministry of Finance and the State Administration of Taxation newly released the No. 82 document on finance and taxation, which officially regulates this.
If it is a real estate after marriage, there is no tax on the addition of a marriage certificate, and only a handling fee and production cost of 100 yuan are charged.
Attached: Ministry of Finance and State Administration of Taxation.
Notice on the change of land ownership from one spouse to the joint deed tax policy of both husband and wife.
Cai Shui No. 82.
Finance Departments (Bureaus) and Local Taxation Bureaus of all provinces, autonomous regions, municipalities directly under the Central Government, and cities specifically designated in the state plan, and the Finance Bureau of the Xinjiang Production and Construction Corps
The deed tax policy of changing the ownership of houses and land from one of the husband and wife to the joint ownership of the husband and wife is hereby notified as follows:
During the existence of the marital relationship, if the ownership of the house or land originally owned by one of the husband and wife is changed to be jointly owned by the husband and wife, the deed tax shall be exempted.
This notice shall be implemented from the date of issuance.
Ministry of Finance, State Administration of Taxation.
2. August 31, 11.
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It means that a husband and wife, before getting married, or just after getting married, one party (man or woman) already has a house, and the ownership of this house should belong to him and her, but after marriage, the two parties negotiate, the house should be owned by both parties, that is, one person holds half of the original real estate (so that both parties can compensate after the divorce, and will not go out of the house to make noise everywhere), then it is equivalent to the party who originally held the property right of the whole house, and gave half of the ownership of the house to the other party. It turns out that the deed is the name of one person, and after giving it to the other party, the name of the party who received the gift must be added to it. This kind of gift (that is, the addition of real estate name) in the original, the party who gets it, according to China's tax law, will be subject to part of the deed tax.
But now after the promulgation of Cai Shui No. 82, this partial deed tax can be exempted!
I don't know if I explain it that way, do you understand! Very understandable! Hope it helps!
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If I want to add my name to my personal property before marriage (without a marriage certificate), can I add it?
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Have you received this real estate certificate? My family also has this situation, and it takes hundreds of thousands of dollars to pay taxes, and I want to ask you how to solve it.
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