How to transfer the property to the son of the father

Because you are an immediate family member, there are two ways for you to choose:

1. If the child is not sold in the future, it is recommended to go through the procedure of dividing the family and dissolving the property, write a separation agreement (or ask for a copy from the housing management department), and let all the family members of the parents sign and agree to the dissolution of the property to the son's name, and only need to pay a handling fee (6 yuan per square meter and 80 yuan of production cost) But you need to pay 20% income tax in the future

2. If the child is sold in the future, it is recommended to go through the sale and transfer procedure now, the parents are the seller, the son is the buyer, and the fees are as follows:

It must be paid according to the assessment **, whether it is over five years, and whether the house is the only house of the parents

1. Surveying and mapping fee yuan square;

2. The assessment amount of the assessment fee is allowed to float);

3. The deed tax assessment amount is within 90 square meters for the first time and within 140 square meters, and the buyer pays more than 140 square meters or 3% for the first time;

4. The income tax shall be borne by the seller at 1% of the full amount, if it is the only ordinary housing exemption outside the five years;

5. The transaction fee is 6 square meters, both sides;

6. The cost of production is 80 yuan, and the buyer (stamp duty of the production cost is 5 yuan);

7. Business tax can be reduced or exempted if it has been completed for five years.

Suggestion: The most appropriate is (2) the procedure

Go to the notary office to handle the notarization of gifts; Go to the real estate bureau to handle the transfer; Pay your taxes at the tax office.

Of course, you can, but it is better to have a notarized will so that other first-order heirs will not sue for inheritance rights in the future.

Legal analysis: There are three main ways: 1. Inheritance:

The inheritance method is the one with the least amount of taxes, and it cannot be handled when the parents are alive, and the inheritance of the property can only be done after the death of the parents. In the process of inheriting real estate, only a small amount of justice fees and inheritance notarization fees need to be paid, and even if the real estate certificate is less than 5 years old, only 1% of the personal income tax and business tax need to be paid. 2. Gifts:

The way of gift is simple and convenient, and the gift between immediate family members only needs to pay stamp duty and deed tax, and the cost is not much. 3. Buying and selling: The way of buying and selling is simple and straightforward, leaving no trouble.

There is no need to bargain for real estate transactions between immediate family members, and only stamp duty, deed tax and business tax can be paid according to the assessed value of the land tax, and the fee is not much. For details, please refer to the Administrative Provisions on the Transfer of Urban Real Estate

Legal basis: Article 1 of the "Provisions on the Administration of Urban Real Estate Transfer" In order to strengthen the management of urban real estate transfer, maintain the order of the real estate market, and protect the legitimate rights and interests of the parties to the real estate transfer, these provisions are formulated in accordance with the "Urban Real Estate Management Law of the People's Republic of China".

Article 2 of the Provisions on the Administration of Urban Real Estate Transfer shall comply with these provisions for the transfer of real estate within the scope of state-owned land in the urban planning area and the implementation of real estate transfer management.

Article 3 of the Provisions on the Administration of Urban Real Estate Transfer The term "real estate transfer" in these provisions refers to the act of transferring the real estate to others by the real estate right holder through sale, gift or other legal means. The other lawful methods mentioned in the preceding paragraph mainly include the following conduct: (1) Buying shares with real estate as a price, establishing an enterprise legal person with others, and changing the ownership of real estate; (2) Where one side provides land use rights, and the other party or more parties provide funds for joint ventures or cooperative development and operation of real estate, resulting in a change in the ownership of real estate; (3) The ownership of real estate is transferred as a result of the acquisition, merger or consolidation of the enterprise; (4) Paying debts with real estate; (5) Other circumstances provided for by laws and regulations.

The first way is more common, which is inheritance. There are two types of inheritance, one is statutory succession and the other is testamentary succession. Statutory inheritance is the passing and distribution of houses in the order of inheritance without a will.

If there are two children, but the elderly only want to give the house to one of them, then it is necessary to make a will in advance to designate who will be the heir.

The second way to pass on a house is to give it away. Parents voluntarily give their private property to their children free of charge. Generally speaking, it is most convenient to make a gift between immediate family members, and the gift is subject to notary fees, appraisal fees, registration fees, stamp duty, and the donee who donated the house will also be subject to the full deed tax, generally 3%.

The third way is to sell directly to children. Parents "sell" their house to their children in exactly the same way as a normal transaction, and the taxes incurred in the transaction process are the same as those of buying and selling real estate.

Legal basis. Article 37 of the Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property Article 37 Those who apply for the registration of the right to use state-owned construction land and the change of ownership of houses shall submit the following materials according to different circumstances: (1) certificate of ownership of immovable property; (2) Materials that have been altered; (3) The approval documents of the people's ** or the competent departments that have the right to approve; (D) the State-owned construction land use right transfer contract or supplementary agreement; (E) the State-owned construction land use right transfer price, taxes and other payment vouchers; (6) Other necessary materials.

Hello Dear! It is easiest for a father to transfer the property to his son as a gift or gift. This requires the father and son to go through the formalities with the local property management department, including signing the transfer documents, paying taxes and fees, and obtaining the title deed.

The specific handling process and the materials required for the destroyed search may vary from region to region, so it is recommended to consult the relevant local departments or lawyers before handling the process. At the same time, this should comply with relevant laws and regulations to avoid illegal acts. <>