Father and son house gift, what is needed for father and son gift property

2. Gift and transfer.

1. Expenses Business tax and personal income tax: exempt.

Notary fee: local fair fee standard.

Deed Tax: The full deed tax is levied regardless of the circumstances of the property, and other expenses are the same as normal closing.

2. Required materials.

The original application for registration;

Proof of the applicant's identity;

Original certificate of ownership of the house;

The original notarial deed of the gift agreement, or the original notarial deed of the gift and the original written document accepting the gift;

Original certificate of deed tax payment or tax reduction and exemption;

Two copies of the house registration form and the floor plan of the property;

If the purchased public housing is donated, the certificate of land income and the certificate of the difference in housing price (standard price, public housing) shall be submitted;

If a family that has purchased affordable housing has obtained a deed tax payment certificate or a house ownership certificate for five years, the family shall submit a certificate of land income;

State-owned land use certificate (whole real estate); 

If the entire allocated land or the entire building occupies the allocated land, the approval document for the transfer of the allocated land shall be provided.

3. Explanation of the situation.

The donation of real estate between close relatives and persons with a relationship of support or support, as well as the acquisition of real estate by inheritance or bequest, shall be exempted from individual income tax.

The owner of the house will donate the property right to his spouse, parents, children, grandparents, grandchildren, grandchildren, siblings free of charge;

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;

The testamentary heir or legatee who has obtained the property right of the house in accordance with the law after the death of the owner of the property right of the house.

Gifts between others shall be subject to individual income tax in accordance with the law.

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

o:p>

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

Are you satisfied with the above?

Deed tax or 3%, notary fee 1%. At least 7500,, black.

Legal analysis: If the parents know that the real estate is donated to the minor children free of charge, the following procedures shall be followed:

1) Go to the notary office to handle the "notarial certificate of gift" of the real estate owner and the "notarial certificate of acceptance of gift" of the donee or the "notarial certificate of gift contract" jointly handled by both parties and the notarial certificate of kinship between the donor and the donee. In view of the fact that the donee is a minor, it is recommended to handle the notarization of unilateral legal acts, that is, to handle the "notarial certificate of gift" of the property owner and the "notarial certificate of acceptance of gift" of the donee.

2) Hold the notarial certificate, the valid identity certificate of the party concerned, and the real estate ownership certificate to the housing management department to apply for the transfer procedures;

3) Pay taxes to the tax department according to the requirements of the housing management department, fill in the "Registration Form for Individual Free Gift of Real Estate", and after being reviewed by the tax department, you can be exempted from paying business tax ("5%), personal income tax (20%), urban maintenance and construction tax and education surcharge (7%). Deed tax (between 3% and 5%), stamp duty of 5/10,000, appraisal fee and registration fee are not exempted.

Legal basis: Law of the People's Republic of China on the Administration of Urban Real Estate

Article 36 For the transfer or mortgage of real estate, the parties shall handle the registration of ownership in accordance with the provisions of Chapter V of this Law.

Article 62 When real estate is mortgaged, the mortgage registration shall be handled with the department prescribed by the local people's ** at or above the county level. Where land use rights and house ownership are obtained as a result of the disposal of mortgaged real estate, the transfer registration shall be completed in accordance with the provisions of this Chapter.

Legal analysis: If the property is donated to notarization, the cost involves two transactions: notary fee:

The proportion is 2% of the total benefit, but not less than 200 yuan. Deed tax = appraised value of the house. Transaction Fees:

6 yuan square meters. Registration fee: 80 RMB.

Assessment fee: of the assessment amount. Procedures for the registration of the transfer of ownership of the house.

The fees also include a registration fee of 100 yuan, a warrant stamp duty of 5 yuan, and a contract stamp duty on the appraised value of the house.

Legal basis: Article 1063 of the Civil Code of the People's Republic of China The following property is the personal property of one of the husband and wife

1) the pre-marital property of one of the parties;

2) Compensation or compensation received by one party for personal injury;

3) Property that is determined in a will or gift contract to belong to only one party;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

Legal analysis: If the property is donated to notarization, the fee involves two payments: notary fee:

The proportion is 2% of the total benefit, but not less than 200 yuan. Deed tax = appraised value of the house. Transaction Fees:

6 yuan square meters. Registration fee: 80 RMB.

Assessment fee: of the assessment amount. Registration procedures for the transfer of ownership of the house.

The fees also include a registration fee of 100 yuan, a warrant stamp duty of 5 yuan, and a contract stamp duty on the appraised value of the house.

Legal basis: Article 1063 of the Civil Code of the People's Republic of China The following property is the personal property of one of the husband and wife

1) the pre-marital property of one of the parties;

2) One party is aware of the compensation or compensation obtained as a result of the personal injury;

3) Property that is determined in a will or gift contract to belong to only one party;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

Procedures for house donation: (1) The donor and the donee sign a written contract for the gift of the house. (2) Notarization.

Housing gifts must be notarized. The notarization of the gift shall be accepted by the notary office at the donor's domicile or the place where the gift occurs. The gift of immovable property may also be accepted by the notary office where the immovable property is located.

3) Go through the registration procedures for the transfer of house ownership. The parties to the housing donation shall submit the following documents to the real estate management agency to apply for change of registration: 1. Application form for housing donation; 2. Housing ownership certificate; 3. Floor plan of the house; 4. Notarial certificate of house gift; 5. The ID card or household registration copy of the donor and the donee should be checked with the original); 6. Deed tax (4) The donor delivers the house to the donee.

The delivery here is subject to the registration of the transfer of property rights. If the property right transfer registration formalities have not been completed, but a written gift contract has been concluded between the parties, and the donor has handed over the original house ownership certificate to the donee, the gift shall also be deemed to be established, and then the transfer formalities shall be completed. Article 209 of the Civil Code The creation, alteration, transfer and extinction of immovable property 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 1063 of the Civil Code of the People's Republic of China The following property is the personal property of one of the husband and wife: (1) the premarital property of one party; 2) Compensation or compensation received by one party for personal injury; (3) The property that is determined in the will or gift contract to belong to only one party; 4) Daily necessities for the exclusive use of one side; 5) Other property that shall belong to one side.

Legal analysis: (1) the donor (Party A) and the donee (Party B); (2) the content of the agreement; (3) Signature of both parties.

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

Article 470:The content of the contract is agreed upon by the parties, and generally includes the following clauses: (1) the names and addresses of the parties; (2) the subject matter; (3) Quantity; (4) Quality; (5) Price or remuneration; (6) The time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods of dispute resolution. The parties may conclude a contract with reference to the model texts of various types of contracts.

Article 657:A gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift.

Article 658:The donor may revoke the gift before the transfer of the right to the donated property. The provisions of the preceding paragraph do not apply to notarized gift calendars and contracts, or gift contracts that are in the nature of public welfare, moral prosthetic services, such as disaster relief, poverty alleviation, or disability assistance, that may not be revoked in accordance with law.

Summary. Hello dear. I've found the answer for you and I'm back, and here's how it is:

Basic information of both parties: including the basic information of the donor and the donee, such as name, gender, ID number, home address, etc. Gift of property:

Clarify the name, quantity, detailed address, ownership unit, etc. of the donated property. Gift conditions: Explain the conditions and restrictions of the gift, such as non-transferable, one-time transfer, how to deal with the mortgage, etc.

Gift Intent: Detail why the father is giving the property to his son and why the son is accepting the gift. Gift Procedure:

Detail the legal process and steps for gifting property. Gift method: Explain the method of gift, such as cash or non-cash.

Other important matters related to the gift agreement, such as legal liability for breach of the agreement, dispute resolution methods, etc. Signature: Attach the signature area of the donor and the donee at the end, indicating that both parties have read and agreed to the above terms.

It includes the basic information of the donor and the donee, such as name, gender, ID number, home address, etc. Donated property: Specify the name, quantity, detailed address, ownership unit, etc. of the donated property.

Gift conditions: Explain the conditions and restrictions of the gift, such as the non-transferability, the one-time transfer, and the handling of mortgages. Gift Intent:

Detail why the father gave the property to his son and why the son accepted the gift. Gift Procedure: Detailing the legal process and steps for gifting property.

Specify the time of gift and the time of transfer. Other matters such as the difference in space: other important matters related to the gift agreement, such as legal liability for breach of the agreement, dispute resolution methods, etc.

Is it joint property for parents to buy a house for their children after marriage?

Legal basis] Article 659 of the Civil Law provides that if the donated property needs to go through registration or other formalities in accordance with the law, the relevant formalities shall be completed. Article 660:Where a notarized gift contract or a gift contract that must not be revoked in accordance with law and is in the nature of a public interest or a moral obligation such as disaster relief, poverty alleviation, or assistance to the disabled, and the person who is repentant of the gift does not deliver the donated property, the donee may request delivery.

Whose name is written?

own children.

That's common property! ~

Is it okay to have a gift agreement?

Yes dear! Is the agreement signed between the parent and the child legally binding?

It is a pro with legal benefits!

Can the court recognize it.

Why don't you speak?

It's recognizable!

Do you have your gift book?

You can send it to me to see, here is a specific analysis for you!

Legal analysis: both parties (parents and children) sign a written contract for the gift of real estate, that is, a letter of gift, and then both parties bring the original house ownership certificate, gift contract, good manuscript liquid to pay the deed tax, go through the notarization for property transfer registration procedures, and finally transfer the house to the children.

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

Article 650 A gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift.

Article 659: Where it is necessary to go through registration or other formalities in accordance with law for gifts or property, the relevant formalities shall be completed.