What is the process of inheriting a shop, and how does the parent s shop inherit?

This requires a special local inheritance, and it also needs to pay taxes.

At present, the shop under the name of the inheritance parents needs to pay taxes according to the following steps: first handle the inheritance notarization, pay the assessment fee of 6/1000, pay the 2% notary fee according to the housing assessment**, obtain the notarial certificate, handle the inheritance transfer, and need to pay a handling fee of several hundred yuan, you can apply for the inheritance name real estate certificate, and the heir gets the house and sells it again. If you do not hold it for five years, or it is not the only house in the seller's family, you need to pay the total price of the house minus the cost of inheritance, the difference of 20% of the personal income tax, and you also need to pay the full deed tax, 3% stamp duty of 5/10,000, assessment fee of 6/1000, and a handling fee of several hundred yuan.

If there is no will after the death of the parents, the parents, spouse and children shall jointly divide the estate according to the legal inheritance. Parents are alive, you can do a gift notarization or sale and transfer, the difference, inheritance or gift of real estate and then ** to pay 20% of the individual income tax, suitable for self-occupation. The cost of buying and selling the transfer of real estate is higher than the transfer fee, the fee is charged according to the tax of the second-hand party, gift and inheritance, and the notary fee needs to be charged at 2% of the area, which is the first price, not the market price; A deed tax of 3% of the appraised value will be charged at the time of transfer of the gifted property.

Article 1123 of the Civil Code of the People's Republic of China After the commencement of inheritance, it shall be handled in accordance with statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Article 1124:Where the heirs renounce their inheritance after the inheritance has begun, they shall make an expression of renunciation of the inheritance in writing before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance.

The legatee shall, within 60 days after knowing of the bequest, make an expression of acceptance or renunciation of the bequest; If it is not indicated at the expiration date, it shall be deemed to have waived the bequest.

Article 2 of the Individual Income Tax Law of the People's Republic of China shall pay individual income tax on the following individual income:

1) Income from wages and salaries;

2) Income from remuneration for labor services;

3) Income from author's remuneration;

4) Income from royalties;

5) Business income;

6) Income from interest, dividends and bonuses;

7) Income from property lease;

8) Income from the transfer of property;

9) Incidental gains.

Resident individuals who obtain the income from items 1 to 4 of the preceding paragraph (hereinafter referred to as "comprehensive income") shall calculate individual income tax on a consolidated basis according to the tax year; For non-resident individuals who obtain the income in items 1 to 4 of the preceding paragraph, the individual income tax shall be calculated on a monthly or sub-itemized basis. Taxpayers who obtain the income from items 5 to 9 of the preceding paragraph shall calculate individual income tax separately in accordance with the provisions of this Law.

Legal analysis: If the shop has property rights, it can be inherited. The estate is inherited in the following order:

1) First order: spouse, children, parents; (2) Second order: siblings, grandparents, maternal grandparents.

After the inheritance begins, it will be inherited by the first-order heir, and the second-order heir will not inherit the judgment; If there is no first-order heir, the second-order heir shall inherit.

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

Article 1127 Inheritance shall be in the following order: (1) first order: spouse, children, parents; (2) Second order:

Siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship. The term "brothers and sisters" as used in this part includes brothers and sisters of the same parents, half-brothers and sisters of the same father or mother, adoptive brothers and sisters, and step-brothers and sisters who have a relationship of support.

Different transfer methods are not the same, the transfer method of inheriting the house is more economical and tax-saving, and the operability is relatively strong, but it is still necessary to handle it in accordance with the normal process, and you can't go directly to the inheritance and transfer procedures, so what materials do you need for the inheritance of the shop? What is the business succession process?

What materials do I need for shop inheritance?

According to how to handle the registration of the inheritance of the property rights of the shop, first of all, in accordance with the "Law of the People's Republic of China on the Administration of Urban Real Estate" and the "Administrative Measures for the Registration of Urban Housing Ownership", the Ministry of Construction, provinces, cities, counties (districts) on the management of real estate transactions in terms of mathematical documents.

2. Application conditions: the heir (applicant) submits a written application; There are no restrictions on closure conditions such as seizure and mortgage.

Documents to be provided: the parties provide a written application; Fill in the "Housing Registration Declaration Review Form"; The original copy of the Housing Title Certificate; Original Notarial Deed or relevant legal documents; Farm houses or non-residential houses must provide the "Land Use Certificate" after the name change (the original copy will be accepted). Rural houses should provide the relevant consent opinions of the village or town where the house is located.

ID card of the heir (original copy will be accepted).

What is the business succession process?

When the owner of the house dies, its legal heirs can apply for the registration of the inheritance of the house, and the inheritance procedures of the shop can go to the registration authority, and the real estate inheritance procedures must go through the process of housing evaluation, inheritance notarization, and application for property rights registration

1. Go to the local multi-** number collection machine to get the number, and the notary will handle it for you in turn according to the number.

2. According to your application requirements, fill in the corresponding "Notarization Application Form" with a pen, and the notary will tell you that you should submit the above supporting materials and your own **.

3. If the notarization certification materials are complete, you can hand over the certification materials and the relevant application to the undertaker, and the notary public will accept it.

4. After the undertaker stops reviewing the "Notarization Application Form" and the submitted materials you fill in, he will issue you a "Notice of Acceptance", and you will stop the relevant matters such as filing, numbering, payment, and copying of supporting materials with the "Notice of Acceptance".

5. Within the specified time, you can bring your identity certificate and notary fee to receive the notarial certificate.

If the shop has property rights, it can be inherited. Documents to be provided: the parties provide a written application; Fill in the "Housing Registration Declaration Review Form"; The original copy of the Housing Title Certificate; Original Notarial Deed or relevant legal documents; Farm houses or non-residential houses must provide the "Land Use Certificate" after the name change (the original copy will be accepted). The draft of the erection of rural houses shall provide the relevant consent opinions of the village or town where the house is located; ID card of the heir (original copy will be accepted).

Legal basis: Article 26 of the Measures of the People's Republic of China for the Management of Urban Housing Ownership Registration shall make a decision to approve the registration, suspend the registration or not to register within 30 days from the date of accepting the registration application, and notify the right holder (applicant) in writing.

How did the shop inherit:

1. Go to the local multi-** number collection machine to get the number, and the notary of the inheritance housing will handle it for you according to the number. According to the requirements of your application, fill in the corresponding "Notarization Application Form" with a pen. The notary will tell you that you should submit the above supporting documents and your own **.

2. If all the notarization materials for inheritance housing reform are complete, you can submit the certification materials and relevant applications to the notary public, and the notary public who will undertake the notarization of inheritance housing reform will accept it.

3. After the official imitation of the wild attack certificate holder stops reviewing the "Notarization Application Form" and the submitted materials you fill in, he will issue you a "Notice of Acceptance", and you will stop the relevant matters such as filing, numbering, payment, and copying of supporting materials with the "Notice of Acceptance". Please don't forget your notary fee invoice for the conversion of your inherited house.

Analysis of the good base law of Falu:

If the shop has a property right, the hail can be inherited. Documents and materials to be provided by the accompaniment: the parties concerned provide a written application; Fill in the "Housing Registration Declaration Review Form"; The original copy of the Housing Title Certificate; Original Notarial Deed or relevant legal documents; Farm houses or non-residential houses must provide the "Land Use Certificate" after the name change (the original copy will be accepted). Rural houses should provide the relevant consent opinions of the village or town where the house is located. ID card of the heir (original copy will be accepted).

Legal basis: Administrative Measures of the People's Republic of China for the Registration of Urban Housing Ownership》 Article 26 The registration authority shall make a decision to approve the registration, suspend the registration or not to register within 30 days from the date of accepting the registration application, and notify the right holder (applicant) in writing.

If you have a property right in the shop, you can inherit it. Documents to be provided: the parties provide a written application; Fill in Yu Xiao's "Housing Registration Declaration Review Form"; The original copy of the Housing Title Certificate; The original copy of the notarial deed or relevant legal documents; Farm houses or non-residential houses must provide the "Land Use Certificate" after the name change (the original copy will be accepted). Rural houses should provide the relevant consent opinions of the village or town where the house is located. ID card of the heir (original copy will be accepted).

Legal basisArticle 26 of the Administrative Measures for the Registration of Urban Housing Ownership.

Within 30 days of accepting the application for registration, the registration authority shall make a decision to approve the registration, suspend the registration, or not to register, and notify the author (applicant) in writing.