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Housing reform belongs to partial property rights, so when it comes to the transfer of ownership, it is different from the transfer of ordinary commercial housing, so how should the housing reform house be transferred?
Housing reform housing can also be called purchased public housing, which refers to the housing that enjoys the preferential policies of the national housing reform. That is, the public housing purchased by residents at the standard price or cost price after deducting the conversion (the old residence also deducts the housing conversion). Housing reform houses are divided into cost price, standard price (***), central production housing and other types, and each type of housing transaction method is different.
It is a partial property right.
1. Housing reform is a kind of compensation for the state's wages that does not include housing consumption funds, and it is a form of transition from housing system to housing commercialization, which is not determined by market supply and demand, but by the principle of realizing simple reproduction of housing and establishing a housing supply system with social security, and is determined by the standard price or cost price.
2. There are restrictions on the sales object of housing reform, not everyone can enjoy the preferential policies of housing reform, and the people who buy housing reform can only be residents who live in complete sets of public housing for exclusive use and employees who meet the conditions for allocating housing.
3. In the process of housing reform and sale, the area of housing purchased is controlled, and the control index of the construction area of per capita housing purchase is stipulated, so as to prevent some people from buying public housing at a large number of low prices, resulting in the loss of state-owned assets.
4. There are certain preferential policies for the purchase of public housing reform, and there are preferential discounts for public housing on the basis of standard price or cost price, such as seniority, position or title. Transaction fee for housing renovation.
1. Deed tax: 1% for the first house of the buyer 3% for the second house of the buyer to pay for the second house.
2. Land transfer fee: the area of the property is multiplied by the seller.
3. Stamp duty: each for both sides.
The five-year period is defined on the basis of the date of the sales contract in the current year. There is no business tax and personal income tax for basic housing reform.
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First of all, go to the Housing Reform Office of the Real Estate Bureau to get the "Application Form for Listing and Transaction of Housing Reform Housing". After filling in the above application form, the property owner shall go to the original property right unit to seal and receive the "Registration Form for the Filing of Employees' Personal Housing Files" and the "Verification Form for the Appraisal Value of the Complete Property Rights of Public Housing for Housing Reform". Take the stamped application form of the unit to the Public Housing Section of the Municipal Real Estate Bureau for stamping; After completion, bring all the above three forms and relevant information of housing reform back to the housing reform office, and the information you need to bring are:
House ownership certificate, land certificate, ID card of the house owner and spouse, household registration booklet, marriage certificate, etc. (the original and 2 copies need to be kept). (If the husband and wife are divorced, the property division agreement shall be provided, the property division certificate shall be provided if one of the husband and wife is deceased, and the original certificate of unmarriage shall be provided if the husband and wife are unmarried) Use the above information to handle the "Housing Reform Housing Listing Transaction Record Form" at the Housing Reform Office, which is what we call the listing certificate.
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1. Housing reform can be transferred, but the transfer procedures should be cautious. Purchased public housing, built public housing purchased at cost price or standard price. If the house is purchased at cost price, the ownership of the house belongs to the individual employee, and if it is purchased at the standard price, the employee owns part of the ownership of the house, which is generally owned by the individual employee after 5 years.
Housing reform is generally not allowed to trade, especially the state, public security and other government agencies.
2. According to the current national laws and regulations, it is necessary to pay a certain amount of land transfer fee and apply for a listing certificate to trade a housing reform house, so that it can be listed and traded. The specific amount of tax to pay when buying a house depends on the assessment of the property**. Second-hand housing transactions are subject to appraisal by the property appraisal department.
The required fee is 2% of the property appraisal** - 2% is personal income tax (seller). 3% deed tax, stamp duty, as well as house appraisal fee, notarization fee, registration fee, etc.
3. The transfer process of housing reform is the following steps:
1. Go to the Policy and Regulation Department of the Housing Reform Office to obtain the "Application Form for Listing and Transaction of Housing Reform Housing".
2. After filling in the above application form, the property owner shall go to the original property right unit to seal and receive the "Registration Form for the Filing of Employees' Personal Housing Files" and the "Verification Form for the Appraisal Price of the Complete Property Rights of Public Housing for Housing Reform".
3. Take the application form stamped by the unit to the Public Housing Department of the Municipal Real Estate Bureau for stamping (it takes about 10 working days);
4. After completion, bring all the above three forms and relevant information of housing reform back to the housing reform office, and the information you need to bring are: house ownership certificate, land certificate, ID card of the house owner and spouse, household registration booklet, marriage certificate, etc. (you need to check the original and keep 2 copies). (If the husband and wife are divorced, the property division agreement shall be provided, the property division certificate shall be provided if one of the husband and wife is deceased, and the original certificate of unmarriage shall be provided if the husband and wife are unmarried).
5. Use the above information to handle the "Housing Reform Housing Listing Transaction Record Form" in the Housing Reform Office, which is the so-called listing certificate.
It is necessary to be cautious in handling the procedures for the transfer of ownership of the housing reform. When the transfer of ownership is completed, it must be reported to the housing and land management department to be completed.
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First of all, you should clarify the location of the house, and different local policies and taxes are different. Generally, the following fees need to be paid for the transfer: 1. The deed tax is 3-4%, and the deed tax rate is halved for ordinary residences, and the deed tax rate varies from province to province; 2. The transaction fee is charged by square meters, 6 yuan for second-hand houses, 80 yuan for 3 real estate certificates, and 4 stamp duty, about dozens of yuan.
Some provinces combine the above items into a comprehensive tax rate. The above is a general situation, and there are several items that need special attention: 1. If the property is purchased for less than 2 years and needs to pay about 5% business tax, although the seller pays, the seller generally passes it on to the buyer, and the 2-house reform is restricted in terms of listing and income, and some places stipulate that the house is under the same conditions, and the original sold unit has the right of first refusal.
There is a provision for a share of the proceeds, and you would better check with your local real estate transaction department.
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The process of housing reform and transfer is the same as that of ordinary commercial housing, and the taxes and fees for handling the transfer are as follows:
1.Personal income tax: 1% (exempted from the seller's only residence for five years);
2.Deed tax: 1% below 90 square meters, 90 square meters - 144 square meters, 3% above 144 square meters, 3% for second suites, and the buyer out;
3.Business tax: the seller is exempt for two years);
4.Transaction fee: area * 6 yuan (half of the buyer and seller);
5.Cost of production: 80 yuan (buyer);
The nature of the land for housing reform is generally allocated land, and if it is allocated land, it is necessary to pay the land transfer fee, and the land transfer fee is calculated according to the local appraisal price.
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If you have a small land deed, you can transfer the ownership.
1. Deed tax: 1% Buyer's first house purchase 3% Buyer's second house purchase Buyer pays 2. Land transfer fee: property area multiplied by yuan Seller pays.
3. Stamp duty: each for both sides.
It is recommended to find a second-hand real estate agent to help you transfer the property, so that your risk will be much smaller.
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Transfer process:
1. Go to the "Registration Information and Verification Agreement" window to go through the formalities of information registration and agreement verification;
2. Go to the "Real Estate Valuation" window to go through the appraisal procedures;
3. Go to the "notarization" window to go through the notarization procedures;
1.The applicant's resident ID card or household registration booklet and its photocopy;
2.If the person applies on behalf of the client, the entrusting person shall submit the power of attorney and ID card and its copy; Other ** persons need to submit proof of ** right qualifications;
3.Certificate of ownership of the inherited property;
4.Death certificate of the decedent;
5.If the legal heir is deceased, the death certificate and kinship certificate must be submitted;
6.Proof of marriage, parents, children and relevant kinship of the decedent;
7.Other certificates and materials that the notary deems necessary to be submitted;
4. Go to the "Private Transaction" window to go through the transaction procedures;
5. Pay stamp duty at the "Deed Tax and Stamp Duty" window;
6. Go to the "Property Rights Registration and Issuance Certificate" window to go through the procedures for changing the name of the "House Ownership Certificate".
Materials required for the transfer of real estate certificate:
1) Application for registration;
2) Proof of identity of the applicant;
3) Certificate of house ownership or real estate right;
4) Documents proving the transfer of ownership of the house;
It can be a sales contract, an exchange contract, a gift contract, a bequest certificate, an inheritance certificate, a division agreement, a merger agreement, a legal document effective by a people's court or arbitration commission, or other materials proving the transfer of ownership of the house.
The main taxes that need to be paid are:
1. Deed tax: generally 1% of the house price (1% can be paid for the area of less than 90 square meters and the first house, paid for the area of more than 90 square meters and less than 144 square meters, and 4% for the area of more than 144 square meters).
2. Business tax: If the real estate certificate is less than 2 years old, the property certificate can be exempted from business tax after two years.
3. Personal income tax, 1% (real estate certificate can be exempted if it is the only house for 5 years).
4. Transaction fee: 3 yuan per square meter (but generally the buyer needs to pay the transaction fee of both parties, that is, 6 yuan per square meter).
5. Surveying and mapping fee: according to the specific provisions of each district.
6. Ownership registration fee and evidence collection fee: generally within 200 yuan.
The tax base of second-hand housing is based on the appraised price of the house, and the first home is based on whether the seller is the first home. After 5 years, but the buyer is not the first house, 1% of the personal income tax must be paid.
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For the transfer of ownership of the house within the year, the seller needs to pay personal income tax, business tax, and the difference in business tax for more than 140 square meters for 5 years. (Business tax, including sales business tax, urban maintenance and construction tax, education fee surcharge three taxes).
2. The deed tax shall be paid for the first transfer, which is less than or equal to 140 square meters is 2%, and more than 140 square meters is 4% deed tax (collected by the financial department).
Yuan square meter handling fee (charged by the Housing Authority).
4. The housing appraisal fee is charged at 5% of the total price after appraisal (collected by the appraisal office).
5. The notary fee is up to 300 yuan.
You will find out according to the above costs.
Taxes on Affordable Housing Transactions.
1) Land transfer fee: in accordance with the relevant provisions of the national and provincial land transfer fee and income distribution management of the public housing purchased and affordable housing listed;
2) Payment of proceeds (exempted from the purchase of affordable housing**): to be paid by the seller. According to the transaction price, after deducting the average unit price of affordable housing in the same period announced by the local government, the original payment of the house price exceeding the standard of the residential area, and the net income after the seller pays the land transfer fee, stamp duty and supervision fee in accordance with these provisions, shall be paid according to the excess progressive proportion.
For the part where the transaction price is higher than 50% of the average unit price of local affordable housing in the same period, 20% of the proceeds shall be paid, and 80% shall go to the seller; For the part where the transaction price is more than 50% higher than the average unit price of affordable housing in the local area in the same period, 30% of the proceeds will be paid, and 70% will go to the seller. The net income in excess of the housing area standard is paid in full.
3) Stamp duty: 0 1%, half of which is borne by both the buyer and the seller;
4) Deed tax: less than 90 square meters is 1%, more than 90 square meters less than or equal to 140 is, more than 140 square meters is 3%, paid by the buyer;
Policy fees.
1. Deed Tax: Ordinary Residential: Appraised Price*; Non-ordinary dwellings: Appraisal price * 3%.
2. Personal income adjustment tax: (appraisal price - original purchase price) * 20%.
3. Business tax: Appraisal price for residential purchase less than five years*; Non-ordinary residential purchase for more than 5 years: (Appraisal price - original purchase price)*; Ordinary residential buildings purchased for more than five years are exempted from payment (individual income tax is charged at 20% of the price difference for more than 144 square meters).
4. Real estate transaction fee: building area * 6 yuan square meter.
5. Stamp duty: appraisal price*
6. The cost of the real estate certificate: 85 yuan.
7. The cost of land certificate: 105 yuan.
8. Transaction appraisal fee: appraisal price*
Intermediary fee 1, transaction intermediary fee: transaction price*
2. Real estate certificate agency fee: 100 yuan per certificate.
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The transfer process of housing reform and commercial housing is the same.
2% of the overpayment of the house price shall be used as a land transfer companion for the rent silver.
Other auspicious banquet fees are the same as those for commercial housing.
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