Which is more economical, buying and selling, or gifting

The house is subject to business tax, and it is more cost-effective to give it away.

The differences between the two types of payment are:

Gift method: 280 yuan registration fee, 10,000 yuan deed tax (3%) (notary fee for two sets of houses (3/1000 to 4/1000 notary fee), total payment: 16,780 yuan.

Buying and selling method: 80 yuan registration fee, 10,000 yuan deed tax (3%) (two sets of house purchases.)750,000 yuan business tax (business tax), personal income tax (50-40) * 20% = 2000000 yuan, 540 yuan transaction fee, total: 63,120 yuan.

If the donor gives up the gift before the transfer of the property, at this time, even if the buyer has paid the deposit, due to the nature of the gift, the seller has no binding responsibility to pursue, even if it is sued in court, the court is not easy to judge, which is bound to bring certain economic losses to the buyer.

Inheritance of property rights; It refers to the transfer of house property rights from the name of the deceased to the name of the heir after the death of the house owner, which is called the inheritance of house property rights. The condition for the inheritance of house property rights must be that the house owner has passed away, and if there is a will, the transfer of house property rights shall be handled according to the will. If there is no will, the transfer of property rights shall be handled in accordance with the statutory inheritance procedures.

Which way is more economical in the process of property transfer, buying and selling? Gifting?

Which is more cost-effective to gift or buy and sell real estate depends on the relationship between the buyer and the seller or between the gift and the donee.

If there is no immediate family relationship, the cost of a gift is higher most of the time than a direct sale. If it is an immediate family member, it also depends on whether the house is full of five unique, whether the donee is the first one, if the house is full of five unique, the seller does not have to pay tax if the sale is the first house, and the buyer is the first house, and only needs to pay 1% deed tax in total under 90 square meters. If it is a gift, the donor does not have to pay tax, but the donor has to pay 3% of the deed tax, so of course it is not cost-effective to buy and sell directly.

Civil Code of the People's Republic of China

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 659:Where it is necessary to go through registration or other formalities in accordance with law for donated property, the relevant formalities shall be completed. Article 240.

The owner shall have the right to occupy, use, benefit from and dispose of his immovable or movable property in accordance with law. Article 659.

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

The transfer of real estate gifts needs to be paid: deed tax, surveying and mapping fees, ownership registration fees, evidence collection fees, notary fees, and then if you need to transfer the ownership again, you need to pay individual income tax and other taxes. Real estate sales are subject to a fee:

Business tax (no need to purchase real estate for more than 5 years), deed tax (first purchase), surveying and mapping fee, personal income tax (not paid at the original price), registration fee. The cost of sale is higher for gift transfers, whereas the transaction cost for sale transfers is higher. Therefore, in the case that the real estate will not continue to be traded in the future, it is more cost-effective and less cost-effective to choose gift transfer; If the property is likely to continue to be traded in the future, it is more cost-effective to transfer.

Civil Code of the People's Republic of China

Article 209 [Effect of Registration of Real Estate Rights] 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 240:[Definition of Ownership]Owners enjoy the right to possess, use, benefit from, and dispose of their immovable or movable property in accordance with law.

Article 657:[Definition of Gift Contract]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.

If you and the owner are in the immediate family, a gift is a bit more cost-effective than buying and selling.

At the time of gifting a house, the owner of the house can choose to donate the house to any person. There is a difference between the cost of gifts for immediate family members and non-immediate family members, and the cost of immediate family members is only deed tax; The cost of gifts from non-immediate family members includes deed tax and individual income tax.

Housing sales: It refers to the sale and purchase of real estate under one's own name, and the real estate under one's own name must have a house ownership certificate. Usually it is to pay the money with one hand and deliver the goods with the other, and the two parties need to pay the consideration.

Advantages and disadvantages of gifting:

1. Advantages. The owner of the house can choose who to donate the house to. The gift method is simple and convenient, and the cost to be borne is not very high, especially under the condition of purchase restrictions, some people cannot buy a house, and the gift is a way.

2. Disadvantages. Although the gift transfer does not need to pay individual income tax, there are deed travel tax, stamp duty and notary fees. If it is between parents and children, this is not as good as inheritance.

If the donee ** this house, 20% tax will be levied. If you are the only dwelling for 5 years, you will be exempted if you are the only one for 5 years.

Property inheritance is more cost-effective.

At present, there is no need for compulsory notarization for house inheritance, and only a small amount of registration fee and stamp duty is required for house inheritance.

Article 14 of the Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property, which came into effect on January 1, 2016, provides that "if a party acquires immovable property due to inheritance or bequest, and applies for the registration of immovable property by the Department of Registration, it shall submit death certificates, wills or agreements on the distribution of immovable property by all legal heirs, and kinship materials with the decedent."

Notarized materials or effective legal documents may also be submitted. Accordingly, the law makes notarized materials optional for applicants to provide, rather than mandatory for "mandatory" submissions.

The difference between a house inheritance gift and a sale

1. Different definitions: buying and selling is a normal purchase of real estate. Inheritance is the property that is usually accepted from the deceased. Gift means that the donor voluntarily donates the house he owns to the donee free of charge, and the donee is willing to accept it.

Second, the notarization requirements are different: the sale of real estate can be directly transferred without notarization, the inherited real estate must be notarized before it can be transferred, and the donated real estate in addition to the immediate family members also need to be notarized to handle the transfer.

3. The processing time is different: the property that is bought and sold and gifted can be traded at any time, but the inherited property must be handled after the death of the original owner.

Fourth, the handling information is different: the purchase and sale of real estate needs the original ID card, household registration book, marriage certificate or, house purchase contract, real estate certificate, land certificate, etc., the inherited real estate needs to pay the heir's death certificate, the property right certificate of the house, household registration book, etc., and the donated real estate needs ID card, household registration book, marriage certificate, house ownership certificate, relationship certificate, house property right withered and hidden gift contract, notarial certificate, etc.

5. Transaction taxes and fees are different: for the purchase and sale of real estate, the buyer needs to pay 1 3 deed tax, and the seller needs to pay VAT and personal income tax. Inherited properties are usually free.

Legal analysis: The transfer fee is about 6% of the tax declaration price (i.e., the agreed transfer price of the property) (3% of the notary fee and 3% of the transfer tax). However, after the transfer of the gift, if the property is to be transferred in the future, the individual income tax alone will have to pay 20% of the declared value.

Therefore, it is not advisable to use gift transfer. It is advisable to use the sale and purchase transfer, i.e. the transfer of the property directly from the parents to the son. The tax is approximately 8% of the declared value (seller:

Personal income tax 1% (exempt for real estate certificates greater than 5 years), business tax for real estate certificates greater than 5 years exempt), buyers: deed tax, other transfer taxes and fees are about hundreds, and the above tax points are calculated according to ordinary residences of less than 144 square meters). If the real estate certificate is sold for five years, there is no need to pay individual income tax, only the deed tax needs to be paid, and other transfer taxes are about hundreds.

i.e. about a total of about that.

Legal basis: Article 210 of the Civil Code of the People's Republic of China The registration of immovable property shall be handled by the registration authority where the immovable property is located. The State implements a unified registration system for immovable property.

The scope of unified registration, registration institutions and registration methods are to be prescribed by laws and administrative regulations.

Summary. The materials required for the sale and purchase of the house mainly include the ID card of the parties, the household registration book, the house ownership certificate, the land use right certificate, the house transfer contract and other materials.

Hello, I'm glad to answer for you: it depends. According to the national policy, parents who donate their houses and property to their children are exempt from business tax and personal income tax, and only pay a notary fee and deed tax accounting for 2% of the total price of the house.

Article 209 of the Civil Code provides that the creation, alteration, transfer and extinction of immovable property rights shall be registered in accordance with law and shall become effective; Without registration, the letter shall not be effective, unless otherwise provided by law. Article 210 When applying for registration, a party shall provide necessary materials such as proof of ownership and the boundary address and area of the immovable property according to different registration items.

Just want to give us the house.

Then what materials are needed for the case sale.

The materials required for the sale of the house mainly include the parties' ID cards, household registration books, house ownership certificates, land use permits, housing transfer contracts and other materials.

Do I still need a marriage license?

No need to pro. Lawyer, you are suitable.

If the house was purchased within five years, it is best to choose the gift method.

Lawyer: Do you still need to change the name of water and electricity after buying a house?

It is necessary to transfer the water and electricity bills, and you can change the name directly at the property office.

Is it okay not to change?

It's up to you, the house has been transferred, and the name of the water and electricity can be changed.

The sale and gift of real estate is mainly reflected in the difference between consideration and taxes. Housing gift and house sale both belong to the occurrence of the disposal of the house, the house sale may occur in the first-hand house transaction, may occur in the second-hand housing transaction, but the real estate gift generally occurs in the second-hand housing transaction. Therefore, the comparison here is mainly for second-hand housing transactions.

Gifts, usually the recipient of the gift does not need to pay consideration, that is, does not have to pay money in exchange. The purchase and sale is usually what we call handing over the money and delivering the goods with one hand, and the two parties need to pay the consideration, which is the main difference between the two.

Article 657 of the Civil Code stipulates that 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 from the world.