The house is sent to the parents, and the transfer fee is too high, what should I do

Updated on society 2024-06-29
6 answers
  1. Anonymous users2024-02-12

    1. There are three main ways for parents to transfer real estate to their children: "inheritance", "gift" and "sale", all three of which have their own advantages and disadvantages, and the costs required are also different. If the parents are still alive, the property can only be transferred to the children by "gift" or "sale".

    If you take into account the taxes that need to be paid when the daughter's ** property is purchased in the future, the tax on the "sale" may sometimes be lower than the "gift".

    2. Taking a set of 81 square meters of two houses as an example, the current market is about 1.2 million yuan, the real estate certificate is less than 5 years, and the **** is only 400,000 yuan.

    1. Gift: Only 3% deed tax is paid at the time of the first transfer.

    The taxes and fees that need to be paid for the "gift" of real estate include deed tax, notary fees and registration fees, the most important of which is the deed tax, which is 3% of the house appraisal **, generally speaking, 3% of the market**. The current market price of a house is 1.2 million yuan, and the deed tax is 10,000 yuan. If the child is the only house after 5 years of the real estate certificate, he or she can be exempted from business tax and personal income tax, and only need to pay a small handling fee.

    If the children have a ** house less than 5 years after receiving the gift, or the children own multiple properties, according to the current operation method, the children can only pay individual income tax according to the actual collection method, that is, 20% of the transfer income minus reasonable expenses, and also pay the business tax of the transfer income. Assuming that the children sell the property for $1.5 million in the future, the total amount of taxes that the father and daughter need to pay in the two transfers may be as high as $400,000.

    2. Trading: Sell again within 5 years to pay less tax.

    If parents "sell" a property to their children, they are required to pay personal income tax of 1% of the total assessed value. Since the real estate certificate is less than 5 years old, there is also a business tax on the value-added part. Children are required to pay a 1% deed tax. They have to pay a total of 10,000 yuan.

    When the child transfers the property again in the future, if the title deed has been obtained for 5 years and it is the only house, the daughter only needs to pay a small transaction fee.

    If the real estate certificate is less than 5 years old or you own multiple houses, you need to pay 1% of the total personal income tax and business tax on the value-added part, and the taxes and fees for the two transactions are totaling 10,000 yuan.

    It can be seen that if the children sell the house in the future without waiting for the real estate certificate to expire for 5 years, the method of "buying and selling" between father and daughter is more economical than "gifting". In addition, if the daughter's real estate certificate is more than 5 years old, she should sell this house first and then buy a big house, which can save a lot of taxes and fees.

    3. Inheritance: the most economical tax system.

    Theoretically, leaving the property to the daughter by inheritance is the least taxable way, and if nothing else, you can wait until the death of the parents to complete the transfer process, which requires only a small registration fee and stamp duty.

    After the children have obtained the real estate certificate through inheritance for 5 years, if there is no other property at the time of the property, they can be exempted from paying personal income tax and business tax at the same time, and only need to pay a small transaction fee.

    Even if the real estate certificate is less than 5 years old, you only need to pay 1% personal income tax and business tax, and the total cost is only 10,000 yuan.

  2. Anonymous users2024-02-11

    Legal analysis: If you need to pay a fee, there are four situations for the transfer of real estate donated by your parents: 1. The division of personal divorced property and the gift without compensation. 2. Specific relatives who are gifted free of charge. 3. Give to dependents free of charge. 4. Gift to the supporter free of charge.

    Legal basis: Article 14 of the Interim Regulations on the Registration of Immovable Property Article 14 Where an application for registration of immovable property is made for sale, creation of mortgages, etc., both parties shall jointly apply for it.

    In any of the following circumstances, the parties may apply unilaterally:

    1) The immovable property that has not yet been registered is applied for registration for the first time;

    2) Inheritance or acceptance of bequests to acquire immovable property rights;

    3) The establishment, modification, transfer, or extinction of immovable property rights in effective legal documents of the people's courts or arbitration commissions, or effective decisions of the people's courts;

    4) The name or title of the right holder or the natural situation changes, and the application for modification of registration is made;

    5) The immovable property is lost or the right holder gives up the rights of the immovable property and applies for cancellation of registration;

    6) Applying for correction of registration or opposing the registration of a judgment imitation;

    7) Other circumstances in which the law and administrative regulations provide that the parties may unilaterally apply for excavation.

  3. Anonymous users2024-02-10

    Legal Analysis: There are two ways to handle it.

    1. Go through the buying and selling process, sign online according to the lowest transfer guide price of the Construction Committee, and sell the only house to your parents for five years, only need to pay deed tax, 90 square meters and below, deed tax 1%, and deed tax above 90 square meters. The disadvantage is that after going through the purchase and sale procedures, whether the house is full of two years or five years has to be recalculated, which may affect the future, the advantage is that the cost is less and the operation is simpler;

    2. Go through the gift process, give it to parents in the form of a gift, the deed tax is 3%, and the parent-child relationship is not reflected in the household registration book without kinship notarization, and the household registration book does not reflect the need to do kinship notarization. The disadvantage is that the current cost is more, the procedures are more complicated, and the advantage is that the new real estate certificate after the transfer can also be calculated according to the old house book for five years, and it will be more appropriate in the short term.

    Legal basis: Notice on Adjusting the Preferential Policies for Deed Tax and Business Tax in Real Estate Transactions

    1) For individuals who purchase the only house of the family (the scope of family members includes the buyer, spouse and minor children, the same below), with an area of 90 square meters or less, the deed tax shall be levied at a reduced rate of 1%; If the area is more than 90 square meters, the deed tax shall be levied at a reduced rate.

    2) For individuals who purchase a second set of improved housing for a family with an area of 90 square meters or less, the deed tax shall be levied at a reduced rate of 1%; If the area is more than 90 square meters, the deed tax shall be levied at a reduced rate of 2%.

    A second improved home for a family is a second home for a family that already owns a home and buys it.

    3) If a taxpayer applies for preferential tax treatment, the real estate department in charge of the place where the house is purchased shall issue a written inquiry result on the taxpayer's family housing situation according to the taxpayer's application or authorization, and transmit the inquiry result and relevant housing information to the tax authorities in a timely manner. If the taxpayer does not have the conditions for the inquiry and cannot provide the results of the family housing inquiry, the taxpayer shall submit to the tax authorities a written guarantee of good faith for the actual number of family houses, and if the guarantee of good faith is not true, it is a false tax declaration, which shall be handled in accordance with the relevant provisions of the Law of the People's Republic of China on the Administration of Tax Collection, and the record of dishonesty shall be included in the personal credit reporting system.

  4. Anonymous users2024-02-09

    1. If the property does not need to be bought and sold again in the future, then it is better to choose to give it, so that you only need to pay: deed tax: 3% of the house payment, surveying and mapping fee:

    Yuan square meter, ownership registration fee and certificate collection fee: within 150, notary fee: the house payment.

    2. If the property will be sold, then it is better to choose the transaction transfer, and the transaction transfer only needs to pay the deed tax surveying and mapping fee: yuan square meter, ownership registration fee and certificate collection fee: 150 points, 1% individual tax, and the difference in business tax.

    If the child transfers the house to his parents, then he can go to the housing authority to go through the transfer procedures, and the property is transferred to the name of the parents, which belongs to the property in the name of the parents.

    Text response. How to transfer the house to the parents is the cheapest.

    Dear, Chang Mao staring at you, the following is related to you sorted out, I hope it will help you: There are two ways to transfer the house to your parents: 1. If the property does not need to be bought and sold again in the future, then it is better to choose to give it away, so that you only need to pay:

    Deed tax: 3% of the house payment, surveying and mapping fee: yuan square meter, ownership registration fee and certificate collection fee:

    150 within, notary fee: the payment of the house. 2. If the property will be sold, then it is better to choose to hand over the slag and transfer the ownership, and the transaction transfer only needs to pay the deed tax surveying and mapping fee

    Yuan square meter, ownership registration fee and certificate collection fee: within 150, 1% individual income tax, business tax difference. If the children transfer the house to their parents, then they can go to the housing authority to go through the transfer procedures and transfer the property to the name of their parents, and Naihe belongs to the property in the name of their parents.

    Thank you. First of all, parents must have the qualifications to buy a house, and there are two ways to handle it: 1. The chain carefully goes through the buying and selling process, according to the lowest transfer guide price of the Construction Committee, the only house sold to your parents for five years, and only needs to pay the deed tax, 90 square meters and below, the deed tax is 1%, and the deed tax is more than 90 square meters.

    The disadvantage is that after going through the purchase and sale procedures, whether the house is full of two years or five years has to be recalculated, which may affect the future, the advantage is that the cost is less and the operation is simpler; 2. Go through the gift process, give it to parents in the form of a gift, the deed tax is 3%, and the parent-child relationship is not reflected in the household registration book without kinship notarization, and the household registration book does not reflect the need to do kinship notarization. The disadvantage is that the current cost is more, the procedures are more complicated, and the advantage is that the new real estate certificate after the transfer can also be calculated according to the old house book for five years, and it will be more suitable in the short term. Either way, there is no need to choose fund supervision, and there can be no handover of money.

    Dear, if you don't know anything, you can consult me at any time, as long as you need it, I am always there

  5. Anonymous users2024-02-08

    1. How to transfer the house to the parents at the cheapest.

    Generally, relatives will habitually choose the way of gift when transferring houses between relatives, but after the implementation of the new tax method, there is a partial tax exemption policy for houses donated by immediate family members. When transferring real estate, there are three ways: inheritance, sale, and gift, which should be analyzed according to different situations.

    Transfer of ownership by inheritance.

    The most cost-effective transfer between relatives is inheritance. In the case of a transfer between parents and children, the cost of inheritance is the lowest. You only need to pay a registration fee of 280 yuan and a notary fee (40 yuan to 45 yuan per square meter), and there is no business tax, individual income tax and deed tax.

    However, the conditions are relatively simple, and only properties belonging to the immediate family of the inheritance relationship can do so.

    It should be noted that among the immediate family members, even siblings cannot be inherited, but can only choose to gift. In practice, because inheritance can only be carried out after the death of the inheritor, there are relatively few people who transfer property rights in this way.

    Buying and selling method transfer.

    In real life, in the form of house transfer, buying and selling is the most common, and it is also a more convenient and safe way to operate. If you are buying a house for the first time, you can enjoy discounts according to the area you purchase. Moreover, when the seller of the house is in the first house, it is less than five years away from the purchase of the house, and he has to pay business tax and personal income tax.

    In the transfer of the buying and selling method, the fees are different in different situations. In terms of the nature of housing, the transaction fees paid for commercial housing, affordable housing, and housing reform are also different.

    Transfer by gift.

    At present, many citizens who buy houses have the idea of losing the money, and use gifts to transfer ownership to "escape" some expenses. But in reality, this way does not save money. Of course, if the house of ** is less than five years away from the last transaction, and you need to pay business tax, it is more cost-effective to give it as a gift.

    If the donor gives up the gift before the transfer of the property, even if the buyer has paid the deposit, due to the nature of the gift, the seller has no binding responsibility to be held accountable, which will inevitably bring certain economic losses to the buyer.

    2. In property cases, according to the amount or value of the litigation claim, it shall be accumulated and paid in accordance with the following proportions.

    1.if it does not exceed 10,000 yuan, 50 yuan shall be paid for each piece;

    2.The part exceeding 10,000 yuan to 100,000 yuan shall be paid according to the payment;

    3.The part exceeding 100,000 yuan to 200,000 yuan shall be paid at 2%;

    4.The part exceeding 200,000 yuan to 500,000 yuan shall be paid according to the payment;

    5.The part exceeding 500,000 yuan to 1 million yuan shall be paid at 1%;

    6.The part exceeding 1 million yuan to 2 million yuan shall be paid according to the lead license;

    7.The part exceeding 2 million yuan to 5 million yuan shall be paid according to the payment;

    8.The part exceeding 5 million yuan to 10 million yuan shall be paid according to the payment;

    9.The part exceeding 10 million yuan to 20 million yuan shall be paid according to the payment;

    10.The part exceeding 20 million yuan shall be paid according to the payment.

  6. Anonymous users2024-02-07

    There is a fee for the transfer of the parents' house to the children. There are many ways for parents to transfer real estate to their children, choose different ways, and pay different fees. There are three main costs for the transfer of house sales: business tax, personal income tax and deed tax.

    1. Do parents need to pay fees for the transfer of their house to their children?

    There are many ways for parents to transfer real estate to their children, choose different ways, and pay different fees, the following is a detailed analysis:

    1) Handle the transfer by way of transfer, that is, handle the transfer in accordance with the transaction procedures in the way of sale. There are three main costs for the transfer of house sales: business tax, personal income tax and deed tax. Among them, if the property is less than 5 years, the business tax is exempted, and the individual income tax is also exempted, and only the deed tax and property transfer registration fee need to be paid, and if the property is less than 5 years, the business tax and individual income tax need to be paid, and the deed tax and property right transfer registration fee are paid at the same time.

    2) Handle the transfer of ownership in the form of gift, first handle the notarization of the gift, then handle the housing appraisal and housing appraisal, and finally handle the transfer. To handle the transfer of gifts, you need to pay individual income tax, deed tax and notary fees. There is no business tax on the transfer of gifts, because the gift is considered to be a gratuitous gift, so the donee needs to pay individual income tax, and the gift transfer also needs to pay a notary fee.

    3) The transfer is handled by inheritance, but this situation needs to occur in the case of the death of one of the parents, which is not very common. Compared with sales and gifts, the tax expenses of inheritance transfer are lower, because there is no business tax, individual income tax and deed tax on inherited properties, and only notary fees need to be paid.

    Due to the different management policies in different places, we should strictly follow the local management policies when handling them, and prepare the required materials in advance so that they can be handled smoothly.

    IILegal basis:

    Article 2 of the Notice of the Ministry of Finance and the State Administration of Taxation on Several Exemption Policies for Business Tax on the Sale and Purchase of Personal Financial Products.

    If the individual who buries the silver buried in the real estate or land use right free of charge, which falls under one of the following circumstances, the business tax shall be temporarily exempted:

    1) Divorce property division;

    2) Free gift to spouse, parents, children, grandparents, grandchildren, siblings;

    3) Giving a gift to a caregiver or supporter who bears the obligation of direct support or support for him or her free of charge;

    4) The legal heirs, testamentary heirs or legatees who have obtained the property rights of the house in accordance with the law after the death of the owner of the house property rights.

    Parents transfer their houses to their children, so they also need to pay a certain transfer fee. Some of the fees included in the transfer fee are basically the collection of deed tax, individual income tax, and notary tax. The transfer of ownership of the house has nothing to do with the relationship between the two parties to the transfer, so each property transfer needs to pay relevant fees.

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