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The appraisal fee for land transfer is two different fees, and the calculation method is as follows: 1. Calculation method of land appraisal fee: charged according to the following standards (slightly different from province to province):
4 for less than 1 million yuan, 3 for 10,000 yuan, 2 for 10,000 yuan, 220 million yuan, 10,000,000 yuan, 100,000,000 yuan for more than 100,000,000 yuan. 2. Calculation method of land transfer fee: this kind has an actual transaction price.
And this ** is not lower than the average standard of the benchmark land price of the level. Then the transfer fee will be calculated according to the standard of not less than 40% of the transaction price. If the transaction price is lower than the average standard of the benchmark land price, it will be calculated at 40% of the total land price.
When the original landowner transfers the land for supplementary transfer, it shall be calculated at 40% of the average standard of the benchmark land price. The amount of land transfer fee calculated by the above method, the transferee of land use right....
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Inquiry: Hello! Encounter such a problem in the listing sale:
The benchmark land price is divided into the lowest value, the middle value, and the highest value. When listing (residential, commercial), what is the relationship between the determined starting price and reserve price and the benchmark land price? Can the set reserve price be lower than the mid-value of the benchmark price, but higher than the minimum value of the benchmark price?
Can the transaction price be lower than the mid-value of the benchmark reserve price, but higher than the minimum value of the benchmark land price? I have encountered a similar problem at work, but I can't find the relevant document explanation, and I urgently need your answer! Thank you!
Re: Hello! For the relationship between the reserve price and the benchmark reserve price, please refer to the Provisions on the Transfer of State-owned Land Use Rights by Agreement, the Specifications for the Transfer of State-owned Land Use Rights by Agreement, and the Provisions on the Transfer of the Use Rights of State-owned Construction Land by Bidding, Auction and Listing.
Division of Land Use Management).
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1. What is the relationship between the benchmark land price and the land transfer price?
1. The relationship between the benchmark land clearance price and the land transfer price is as follows:
1) None of them are the transaction land price of the real estate transaction market, but they all play a role in regulating the transaction land price of the market;
2) There is a mutual inheritance relationship between the benchmark land price and the reserve price for land use right transfer;
3) The benchmark land price is the basis for the evaluation of the demarcated land price;
4) The demarcation of land price is also the reference and basis for the evaluation of the reserve price for the transfer of land use rights.
2. Legal basis: Article 55 of the Land Management Law of the People's Republic of China.
The construction unit that obtains the state-owned land use right by way of transfer and other paid use can only use the land after paying the land use right transfer fee and other paid land use fees and other fees in accordance with the standards and methods set by the first regulations.
From the date of implementation of this law, 30 percent of the land use fees for new construction land shall be handed over to the treasury, and 70 percent shall be reserved for the people of the relevant localities. The specific use of management measures by the financial department in conjunction with the relevant departments to formulate, and submitted for approval.
2. What is the difference between the benchmark land price, the demarcated land price, and the reserve price for the transfer of land use rights.
1. The benchmark land price is the average land price of the area assessed in a large area, and the demarcated land price and the reserve price of land use right transfer are the land price specific to the parcel or plot, also known as the parcel land price;
2. The benchmark land price mainly considers the macro regional factors, while the demarcated land price and the reserve price for the transfer of land use rights also consider the micro location factors of the land price, and the land price is closer to the market transaction land price.
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The relationship between the listing price of land and the land price is as follows:
1. Both belong to the category of ** and are consistent in amount. For residential and other projects, the methods of bidding, auction, and listing can be priced through the market, and the land transfer fee is the land price;
2. The land price is the abbreviation of the land, which is the reflection of the economic value of the land, and the purchase of the expected income right of the land, that is, the capitalization of the ground rent;
3. The essence of the land transfer fee is the sum of the land rent for a certain number of years, which has the meaning of land price. It refers to the sum of the future net income of land use rights for a certain period of time under normal market conditions, and its right characteristics are the transfer of land use rights.
Legal basis: Article 17 of the Law of the People's Republic of China on the Administration of Urban Real Estate Article 17 If the land user pays the transfer fee for the transfer of land use rights in accordance with the transfer contract, the municipal and county people's land management departments must provide the transferred land in accordance with the transfer contract; If the transferred land is not provided in accordance with the transfer contract, the land user has the right to terminate the contract, and the land management department shall return the land use right transfer fee, and the land user may claim compensation for breach of contract.
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The starting price of the land sale can be equal to, or higher or lower than, the appraised price. This is something that the relevant departments can change according to the actual situation, and the corresponding interval is different depending on the region and the actual situation.
Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 61 To obtain land use rights by way of transfer or allocation, an application for registration shall be made to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the local people's land management department at or above the county level. If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate.
When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level. Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.
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Common manifestations of benchmark land prices are: Grade benchmark land price. The benchmark land price is the average land price formulated according to the division of land levels, which can only reflect the macro average land price of the same level area.
Jilin Province Urban Land Classification and Benchmark Land Price Round This Balance Information System Jilin Province Urban Land Classification and Benchmark Land Price Balance Information System Benchmark land price of the area. The benchmark land price of the area is based on the benchmark land price of the level, and the same level is further divided into a number of smaller homogeneous areas in space, and then the benchmark land price of the area is evaluated. Route fare.
The route price is obtained by setting a standard depth for a street facing a specific street and having equal use value, and obtaining the average unit price of several parcels of land at that depth and attaching it to a specific street. The urban benchmark land price is determined by the relevant departments of land management through scientific methods, which is mainly reflected in the following functions: 1. It shows the various economic benefits that can be generated by China's urban land in the process of existing use, and also shows the quality of urban land according to the first standard.
2. It provides a basis for the transfer of land use rights at all levels, and also provides a reference basis for the transfer of land use rights between land users. 3. The benchmark land price levels of different price segments and different uses also create conditions for the state to strengthen the management of the land market, realize the rational allocation of land resources, and maximize the economic and social utility of limited urban land. 4. Provide an objective basis for the collection of land taxes and fees.
The benchmark land price can provide the main basis for the collection of land use tax. It can also provide an important method for calculating the value-added amount for the collection of land appreciation tax. 5. The state and all levels can formulate flexible land price policies based on the benchmark land price, guide or control various economic and social activities through the difference and adjustment of land prices, and implement urban rules, economic development and industrial policies.
6. The establishment of the benchmark land price can further promote the establishment and improvement of China's land price system, and is also conducive to further improving China's national economic statistics and accounting system.
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Legal analysis: to determine the reserve price, should be entrusted by the municipal and county people's land administrative departments to a qualified land valuation agency, according to the benchmark land price, the calibration template price, the local land market supply and demand, the land market price level and the land conditions set by the proposed transfer parcel, the difference to assess the proposed transfer of the parcel at the time of transfer and the transfer of the land set by the plan of the normal **, and according to the assessment of the proposed Dan Wang Xiao transfer parcel.
Legal basis: "Land Management Law of the People's Republic of China" Article 63 The land owner may transfer the land owner to a unit or individual for use by means of transfer, lease or other means of collective business construction land that is determined to be used for industrial, commercial and other operational purposes in the overall land use plan and urban and rural planning, and shall sign a written contract indicating the land boundary, area, construction period, use period, land use, planning conditions and other rights and obligations of both parties. The transfer or lease of collective business construction land provided for in the preceding paragraph shall be subject to the consent of more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives who are members of the collective economic organization.
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The listing price of land is the first entrusted transaction by the land department in the land trading market.
This ** will be announced along with the details of the plot, and the auction period will enter after 20 days of announcement, and after the bidding period expires, if no one responds to the bid, then the land will be unauctioned. If one person asks for the price, then the land will be taken away by that person, and if more than two people ask for the price, then it will be transferred to the live auction, and the highest price will be awarded.
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Determine the reserve price.
If there is a reserve price for the transfer, the municipal and county land and resources management departments or the State-owned land use right transfer coordination decision-making body shall, according to the results of land valuation, industrial policy and land market conditions, collective decision-making, comprehensive determination of the transfer of the reserve price and bidding, bidding deposit. If the bidding is transferred, the bottom of the bid shall be determined at the same time; In the case of auction and listing, the starting price and starting price shall be determined at the same time.
After the bid base and reserve price are determined, they shall be kept confidential before the end of the transfer activity, and no unit or individual shall disclose them.
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