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The owners have disagreements, because some people make a one-time payment, and the developer gives more discounts, and some people pay for mortgages, and the developers give fewer discounts; Some people buy it on the opening day and have more discounts, while some people buy it at the end of the market and have fewer discounts. People with a lot of discounts believe that the developer gave me more discounts because I paid the developer a lump sum of the money I made in other places, so that the cash-strapped developer immediately enjoyed the liquidity, and now the value of the façade I took out to participate in the rental is not discounted, so the shops on the second floor should be uniformly according to the original price of the opening, that is, everyone calculates the proportion of rent distribution according to the pre-discount price. People with few discounts think that although I have few discounts, I have paid so much money anyway, and the proportion of rent distribution should be calculated according to the amount actually paid by each person - is there any provision or case study in laws and regulations for this situation, and which distribution method is more fair and reasonable?
It should be added that the developer still has four units in her hands, and although they have not been sold, the developer has set a price for them that is 24% higher than when they opened four years ago, but the developer has agreed to distribute the rent of the four units in her hands according to a fairer proportion with the owners.
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Well, this situation is generally determined by the parties themselves. If it is not determined through negotiation, it will be determined according to the proportion of capital contribution. In the case of contributions in kind or other non-monetary means, the price is discounted.
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There is no specific legal provision for this, there is no absolute fairness, and it can be distributed according to the size of the area.
Lawyer Wang Yanxia.
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Shops are generally rented according to the construction area, that is, the usable area plus the shared area. The area of the shop is divided into the construction area and the actual area, and the area of the rented shop is calculated according to the floor area. "Gross floor area" includes the common shared area and the take-home gross floor area.
That is, the construction area includes the usable area of the house, the area of the wall column, the area of the staircase walkway, and other shared areas.
According to Article 7 of the Administrative Measures for the Leasing of Commercial Housing, the parties to the housing lease shall enter into a lease contract in accordance with the law. The content of the housing lease contract shall be agreed upon by both parties and shall generally include the following contents:
1) The name and address of the parties to the housing lease;
2) The location, area, structure, ancillary facilities, furniture and household appliances and other indoor facilities of the house;
3) the amount of rent and deposit, and the method of payment;
4) Lease purpose and housing use requirements;
5) the safety performance of houses and indoor facilities;
6) the term of the lease;
7) Responsibility for house maintenance;
8) Payment of property services, water, electricity, gas and other related fees;
9) Dispute resolution and liability for breach of contract;
10) Other Agreements.
The parties to the housing lease shall stipulate in the housing lease contract the measures for handling the expropriation or demolition of the house. The construction (real estate) management department may, in conjunction with the administrative department for industry and commerce, formulate a model text of the housing lease contract for the parties to choose.
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Whether it is a shop, a residence, or an office building, the money is calculated according to the construction area. It is the actual usable area + shared area.
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The shared area is sold to the owner of real estate, and the rent has one square meter to rent one square meter, how to get money to rent the road!
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First of all, the individual income tax must be paid; In addition, individuals renting out non-housing (shops, offices, etc.) shall pay the following taxes: personal income tax, real estate tax, business tax, urban maintenance and construction tax, education surcharge, and stamp duty.
1.Individual income tax: according to the income from property leasing, if the income does not exceed 4,000 yuan each time, the expenses will be deducted 800 yuan; If it is more than 4,000 yuan, 20% of the expenses will be deducted, and the balance will be the taxable income, and the tax rate is 20%.
2.Property tax: 12% of rental income (according to Article 4 of the Provisional Regulations of the People's Republic of China on Property Tax).
3.Business tax: calculated and paid at 5% of rental income (according to the tax items and tax rates table of the Provisional Regulations of the People's Republic of China on Business Tax).
4.Urban maintenance and construction tax and education surcharge: The actual amount of business tax paid is multiplied by the urban construction tax rate (the third-level tax rate of % is applicable according to the location of the taxpayer) and the education fee surcharge rate of 3%.
In accordance with the provisions of Articles 3 and 6 of the Individual Income Tax Law of the People's Republic of China and Articles 8 and 21 of the Regulations for the Implementation of the Individual Income Tax Law of the People's Republic of China).
5.Stamp duty: a decal of 1/1000 of the lease amount of the property lease contract. If the tax amount is less than 1 yuan, it will be decaled at 1 yuan (according to the "Provisional Regulations of the People's Republic of China on Stamp Duty" and the table of stamp duty items and tax rates).
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Individual income tax is payable;
If the income from "property lease" does not exceed 4,000 yuan each time, 800 yuan of expenses shall be deducted; If it is more than 4,000 yuan, 20% of the expenses will be deducted, and the balance will be the taxable income, and the individual income tax will be calculated and paid at the rate of 10%.
The following expenses shall be deducted in order when calculating and paying individual income tax on the property lease income obtained:
1. Taxes and fees paid in the process of property leasing;
2. The repair cost of the actual cost of the leased property borne by the taxpayer;
3. The deduction standard for expenses stipulated by the tax law.
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When the house is rented, the tax items and tax rates that need to be paid are as follows: 1. Property tax: The property tax shall be paid from the next month after renting the property at 12% of the rental income.
2. Urban land use tax: The urban land use tax shall be calculated and paid according to the grade of the land and the applicable land grade tax. 3. Business tax:
Individual rental houses should pay business tax at 5% of rental income, and individual rental houses with a monthly income of less than 800 are exempt from business tax. 4. Urban construction tax and education fee surcharge: While paying business tax, individuals should pay the business tax amount as the tax basis and pay it according to the applicable rate.
5. Stamp duty: If an individual rents out his own house, which is used for production and operation, he shall be decal at the time of signing the contract according to the ten-thousandth of the lease amount determined by the written lease contract signed by both parties, and if the tax amount is less than 1 yuan, he shall be decaled at 1 yuan. 6. Individual income tax:
If the monthly rental income of an individual rents out a house and the monthly rental income is less than 4,000 yuan, the individual income tax shall be calculated and paid according to the taxable income after deducting the monthly rental income of 800 yuan; If the monthly income is more than 4,000, the individual income tax shall be calculated and paid according to the taxable income after deducting 20% of the monthly rental income, and the taxable tax rate is 20%.
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How should the rental tax be calculated?
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Generally, the annualized rate of return on rent can generally reach more than 6%, which is cost-effective.
1.First of all, it depends on whether it is in Wangdi, and many times the two facades are only a few meters apart, and their "money" scenery is very different. If it is prosperous, it is usually not easy to take it with a lower **.
2.Secondly, the return on investment should not only look at the rental rate of return, but also include the growth space of the façade itself. The amount of rent and façade is subject to change, which is determined by the demand and supply situation of the market.
3.Usually, the number of prosperous land is more limited and people are happy to obtain, so the most important thing is to be able to judge whether the land is prosperous or not, and then estimate the future demand situation rather than just looking at the current and past ** and rental returns.
4.Then it is necessary to judge the trend of the store, if it is stable and the downside is not large, then consider the rental return rate, and use the current CPI growth rate and risk-free rate as the reference basis.
5.Not less than the highest value of these is good, and the higher the better. Of course, this value is changing, not dead.
If there is a lot of room for value growth in the future, then it doesn't matter if the current rental yield is temporarily low, because as long as someone is willing to take over the lease in the future, this rental return can still be adjusted. At present, the annualized rate of return on rent can generally reach more than 6%.
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Generally, the annualized rate of return on rent, and the general energy reaches more than 6%, which is cost-effective.
A shop is a real estate that is specially used for commercial activities, and is a place where operators provide goods transactions, services and experiences to consumers.
In a broad sense, the concept of shops includes not only retail business, but also real estate used in entertainment, catering, and tourism, profit-making exhibition halls, sports venues, and bathrooms, as well as banks, ** and other commercial business trading places with the physical existence of buildings.
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Generally, the façade house is commercial.
The right to use the house is about 40 years, which can be confirmed.
Bai will spend 20 years to recover costs, and the remaining 20 years to make a profit. Of course this.
DAO is not absolute, if the location of the shop is good and the location is prosperous, then the rent will definitely rise, and there is no problem in recovering the cost in 10 years or even less. If the position is not too good, it is necessary to extend the investment period. Otherwise, the rent will be high, and it will be a waste if no one rents.
Therefore, it is best to set the rent in line with the surrounding rent level.
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If you don't chew it, the general façade house 40 years of production circle, the first year's rent is one-65th of the purchase price, for example, you buy 10,000 yuan, a year rent of 5,000 yuan can be, do not understand mathematics must think that the rent is too low, in fact, you do not lose at all!
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With the deepening of e-commerce, the profits of traditional stores are shrinking, which forces rental income to shrink. The return on investment of the façade house is 8-16 years, you feel it yourself.
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1.If the total rental amount is less than 20,000 yuan, the lease tax shall be paid at about 9%;
2.If the total rent amount is more than 20,000 yuan, the lease tax shall be paid at about 14%;
3.After discussing with the rental unit, it is okay to pay less.
The formula for calculating the taxable income of a rented shop is:
Each (monthly) income does not exceed 4,000 yuan
Taxable income = each (monthly) income - allowable deduction items - repair costs - 800 yuan Each (monthly) income exceeds 4,000 yuan:
Taxable income = [amount of income per (month) - allowable deductions - repair costs] (1--20%)
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The rent of the façade is generally calculated according to the city where the façade is located, the location of the façade, the size of the façade area, and the utility rate of the façade
1. The city where the façade is located: In different cities, the rent of the façade is different, such as the first-tier cities of Beijing, Shanghai, Guangzhou and Shenzhen, the rent of the façade is very expensive, such as the second- and third-tier cities, the rent of the façade will be relatively cheap;
2. Location of the façade: The location of the façade is an important factor, such as in large shopping malls, street shops, commercial streets, etc., which affect the rent;
3. The size of the façade area: in addition to some factors, the rent of the façade is calculated according to how much money per square meter;
4. Façade utility rate: the utility rate affects the rent per square meter, the higher the utility rate, the higher the rent per square meter;
According to the above analysis, the rent of the façade is calculated based on the above 4 factors.
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First look at the quality of the road section, and then look at the size of the façade area.
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