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Hello. Hello, the property is a joint family property, you can go through the property change with your parents without paying the transfer fee. Separation of family and division of property are two different concepts, and the so-called division of family is the division of a larger family into several smaller families according to the separation agreement.
The so-called property analysis, also known as property analysis, refers to the division of common property by the co-owners of the property by agreement and according to certain standards, and it is owned by the co-owners. The change of property separation refers to the division of the house jointly owned by several people into one of them, and the following procedures shall be provided: 1. Housing ownership certificate (original) 2. Property separation agreement (original) 3. Housing registration form and two copies of the real estate floor plan (original).
There is no need to pay the transfer fee, and you only need to go to the housing management and trading center to handle it. Separation of property agreement: It is an act of the parties voluntarily disposing of their own property, generally in which the parents distribute their property to their children.
As long as the agreement on the division of property is an expression of the intention of the parties, does not dispose of the property of others, and does not violate the mandatory or prohibitive provisions of the law, it shall take effect when all the parties to the agreement sign it.
Hope, thank you.
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A simple gift does not need to pay taxes, but the donated house will have to pay a lot of taxes again. Generally, the normal transfer of ownership is about 10 points of tax, and the policies are different in different places, and there are also differences according to the time of buying a house. You can go to your local housing authority to get a flyer or ask a real estate agent.
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First of all, let's look at business tax, in principle, the donor is required to pay business tax, and the tax rate for paying business tax is 5%, but there are two exemptions, the donation of real estate between close relatives and people with a relationship of support and support, and the acquisition of real estate by inheritance and bequest, are exempt from business tax; If an individual gives away a rented house that has been purchased for five years, he or she can be exempted from business tax.
The second is the deed tax, which is paid in full by the recipient of the gifted property, at a rate of 2%.
The third is stamp duty, which needs to be paid in full and is paid by both parties to the contract in accordance with the proportion.
The fourth is individual income tax, the donation of real estate between close relatives and people with a relationship of support and support, as well as the inheritance of inheritance and bequest to obtain real estate, are exempt from individual income tax, and the donation between others shall pay individual income tax in accordance with the law.
Legal basis: Article 86 of the "Housing Registration Measures" If the ownership of a house is transferred in accordance with the law, the following materials shall be submitted when applying for registration of the transfer of ownership of the house:
1) Application for registration;
2) Proof of the applicant's identity;
3) Certificate of ownership of the house;
4) Proof of the right to use the homestead or the right to use the land for collectively owned construction;
5) Materials proving the transfer of ownership of the house;
6) Other necessary materials.
Those who apply for registration of the transfer of ownership of villagers' houses shall also submit supporting materials proving that the rural collective economic organization has agreed to the transfer.
Where a rural collective economic organization applies for registration of the transfer of ownership of a house, it shall also be submitted with the consent of the villagers' meeting or by the villagers' meeting.
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The cost of the gift includes: 3% deed tax, 5/10,000 stamp duty, notary fees vary from place to place, many cities are charged according to 2% of the value of the property, and some areas also require the property to be appraised, and the assessment fee ranges from 1%.
In fact, a gift may not be more cost-effective than the sale and transfer of real estate, and it is more cost-effective to handle the transfer of real estate if the property ownership certificate or deed tax issued by the tax department has been issued for more than 5 years. The deed tax to be paid for the transfer of real estate (3% for non-ordinary residences), and the stamp duty of 5/10,000 for each party. If the property ownership certificate or the deed tax issued by the tax department is less than 5 years old, it will involve business tax and personal income tax.
Legal basis: Article 3 of the Provisional Regulations of the People's Republic of China on Deed Tax The deed tax rate is 3%-5%.
The applicable tax rate of deed tax shall be determined by the people of the provinces, autonomous regions and municipalities directly under the Central Government in accordance with the actual situation of the preceding paragraph, and shall be reported to the Ministry of Finance and the State Administration of Taxation for the record.
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2. The gift of real estate does not need to pay any funds, it belongs to the acquisition of real estate free of charge, so the deed tax is collected in full, there is no limit to the area of the house, and the deed tax is 3% of the house appraisal.
3. The notarization fee is the cost incurred by the notarization gift contract in the process of gifting, and the notarization fee is generally charged according to 1% to 2% of the appraisal price of the house.
4. Housing appraisal fee: When donating real estate, the value of the house needs to be assessed as the standard for paying taxes, so there is an appraisal fee, which is the appraisal price of the house. The registration fee is 80 yuan, which is a simple cost.
5. The cost of donating real estate again, except for the difference in personal income tax, other expenses are basically the same. The proportion of personal income tax levied on the gift of real estate is 20% of the difference, and the tax and additional tax are the transaction price of the house. The rest of the appraisal fees, transaction fees, and registration fees are paid by the parties in a free negotiation.
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Answer: Hello dear, to handle the gift transfer to children, parents need to hold ID cards, household registration books, marriage certificates, real estate certificates, deed tax certificates, and land certificates together. Children need ID cards, household registration books, and proof of marital status.
The two parties go to the local notary office of the housing together to handle the notarization of the donated housing, pay the housing assessment fee of 6/1000, and pay the notary fee of 2% according to the housing assessment**.
Get the notarial certificate and apply to the housing management department to apply for the transfer of housing gifts. Pay 3% of the full deed tax, a handling fee of a few hundred yuan and 5/10,000 of the stamp duty, and you can apply for the real estate certificate in the name of the child.
There are local regulations that do not need to go through the notarization procedures for gifts, and the notarization fee is omitted. However, it is necessary to review the qualifications of the donee and require the donee to have the qualifications to purchase the house in the place where the house is located before the gift can be transferred. The specific regulations of the place where the house is located shall prevail.
Hello dear, to handle the gift transfer to children, parents need to hold ID cards, household registration books, marriage certificates, real estate certificates, deed tax certificates, and land certificates together. Children need ID cards, household registration books, and proof of marital status.
The two parties go to the local notary office of the housing together to handle the notarization of the donated housing, pay the housing assessment fee of 6/1000, and pay the notary fee of 2% according to the housing assessment**.
Get the notarial certificate and apply to the housing management department to apply for the transfer of housing gifts. Pay 3% of the full deed tax, a handling fee of a few hundred yuan and 5/10,000 of the stamp duty, and you can apply for the real estate certificate in the name of the child.
There are local regulations that do not need to go through the notarization procedures for gifts, and the notarization fee is omitted. However, it is necessary to review the qualifications of the donee and require the donee to have the qualifications to purchase the house in the place where the house is located before the gift can be transferred. The specific regulations of the place where the house is located shall prevail.
The more expensive is the deed tax 3 points, which must be paid, and the notary fee is 2 points, but some places do not need to pay the notary fee, so it is recommended to consult the local housing management department. You can choose which way is more cost-effective.
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To handle the gift, you need to go to the notary office to handle the notarization of the gift, pay the housing assessment fee of 6/1000, according to the housing assessment**, pay 2% of the notary fee, get the notarial certificate, and go to the housing management to handle the gift transfer, pay the full deed tax of 3%-4%, stamp duty of 5/10,000, and a handling fee of several hundred yuan.
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2. Stamp duty: the stamp duty paid by both parties.
3. Notary fee: The proportion of notary fees charged for house gifts is 2% of the total amount of benefits, but not less than 200 yuan, and the specific fees depend on the regulations of each region.
4. Additional tax: The additional tax is borne by the donor, and will only be levied under the premise that business tax, value-added tax and other taxes need to be levied, and a certain proportion of the business tax payable shall be paid, the specific proportion is: urban construction tax (7%), education fee surcharge (3%).
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Procedures and fees for the transfer of ownership of the house:
1.Sign the confirmation letter The donor and the donee go to the housing authority together to sign the confirmation letter and bring along all relevant documents, such as the title deed or purchase contract of the property; The real estate donor and the donee of both parties have entered into a gratuitous gift agreement, indicating that the gratuitous gift is the true will of the donor, and the acceptance of the gift is the true will of the donee. In addition, it should be added that in the gift business, if the donee is a minor, the gift letter unilaterally issued by the donor also has legal effect.
Fees: When signing the power of attorney, at least all the costs and miscellaneous fees should be collected, including surveying and mapping fees, 50 yuan for each copy of less than 100 square meters, 200 yuan for each notary fee, and 100 yuan for search fees.
2.Appraisal fee: The appraisal fee is 5% of the appraised price of the property, but at least $1,000 will be charged for each case. Since it is a gift business, the appraisal price is usually lower than the market price.
3.Fees for handling gift notarization: The gift notarization fee is 2% of the appraised price.
4.Payment of taxes and fees: Go to the housing authority to register the gift, the fees for this link are more complicated, and after arriving at the housing authority, the property will be re-evaluated, including:
The deed tax is 3% of the assessed value of the Housing Authority; Stamp duty is assessed by the Housing Authority; The registration fee for the transfer of real estate rights is $80 per case (plus $10 for each additional donee). The above three items are generally paid by the donee. There is also a land transfer fee, which depends on the nature of the donated property, and if part of the housing reform houses that have not paid the transfer fee are to be paid by the donor.
It is worth mentioning that if the donated property is in the nature of housing reform, after this gift procedure, its nature will be changed and converted into commercial housing.
5.New real estate certificate Note: If the donor and the donee are immediate relatives or in-laws, they are exempt from deed tax. Gifts between parents and children or between husband and wife are exempt from deed tax.
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There are three ways to transfer real estate to children: The first is to transfer the property by way of transfer, that is, to handle the transfer in accordance with the transaction procedures in the way of sale. The second is to handle the transfer by way of gift, first handle the notarization of the gift, then handle the housing appraisal and housing appraisal, and finally handle the transfer.
The third way is to handle the transfer by inheritance, but this situation needs to occur in the case of the death of one of the parents, which is not very common.
1) Transfer the house to the son by way of transfer.
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This inheritance tax is 5%, and you can buy and sell it, so it's cheaper.
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The cost of the gift includes: 3% deed tax, 5/10,000 stamp duty, and the notary fee varies from place to place, ranging from 1% to 1%.
In fact, a gift may not be more cost-effective than the sale and transfer of real estate, and it is more cost-effective to handle the transfer of real estate if the property ownership certificate or the deed tax issued by the tax department is more than 5 years old.
The deed tax to be paid for the transfer of real estate (3% for non-ordinary residences) and 5/10,000 stamp duty for both parties.
If the property ownership certificate or the deed tax issued by the tax department is filled in and issued for less than 5 years, the business tax and personal income tax will be involved.
Legal basis: Article 2 of the Notice of the Ministry of Finance and the National Development and Reform Commission on Clearing and Regulating a Batch of Relevant Policies for Administrative Fees: Cancelled or Suspended Administrative Fees.
Article 7 of the Provisional Regulations of the People's Republic of China on Real Estate Tax.
Article 10 of the Provisional Regulations of the People's Republic of China on Real Estate Tax.
Article 2 of the Provisional Regulations of the People's Republic of China on Real Estate Tax.
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