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How much does the father charge for the transfer of the title deed to his son?
3 years ago, I bought a commercial house with a mortgage, about 250 square meters, and according to our current house price of 4,000 yuan, a total of 1 million yuan. It has now been fully paid. Originally, the name of the title deed was my father's.
Now that I'm married, my parents are going to transfer the house to me. (I'm going to get a mortgage to do business myself) I don't know how much closing fees I have to pay??? To be specific!!
There is a master who knows, please.
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There are two scenarios for your situation:
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.
However, when you need to trade real estate in the future, you need to pay 20% of the individual income tax.
2. If the property will be sold, then you will choose the transaction transfer is better, 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 transfer is made at the original price, you do not need to pay individual income tax.
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It depends on the specific facts and evidence. According to your statement, it is a matter of inheritance. If there is a valid will, it will be handled in accordance with the testamentary succession. If there is no will or the will is invalid, it shall be handled in accordance with the statutory inheritance.
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Legal analysis: the father also needs to pay taxes and fees when transferring the house to his children, if the father wants to transfer the house to his children, he can handle the inheritance transfer and gift transfer, the taxes and fees that need to be paid are different, and the amount of taxes and fees is calculated according to the ** of the house. In addition, the inheritance transfer needs to wait until the death of the father, the children can go through the transfer procedures, you need to bring the relevant notarization materials, and if the father has made a will to donate the house to others, the children have no inheritance rights, because the will is protected by the law, must be handled in accordance with the content of the will.
Regardless of whether the father is Zhiling Qi to transfer the house to the child by inheritance or through normal transactions, the transfer of the house to the child is required to pay relevant taxes and fees, one of the taxes that must be paid is the deed tax, the tax rate of the deed tax is calculated according to the area of the house, if the area of the house that the father transfers to the child is within 90 square meters, then the deed tax that needs to be paid is 1%.
Legal basis: Article 2 of the Individual Income Tax Law of the People's Republic of China The following personal income shall be subject to individual income tax: (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.
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Legal Analysis: Under normal circumstances, the transfer of real estate is subject to tax. The following taxes and fees apply to the transfer of ownership:
1. Stamp duty. Stamp duty is usually on the house price and is collected by the Inland Revenue Department; 2. Deed tax. Deed tax of 4% of the house price.
In addition, the following fees must be paid: 1. The handling fee of the house purchase and sale is 1% of the house price; 2. Notary fee of % of the house price; 3. Attorney's fees; 4. Entrusted real estate handling fee of 1% of the house price; 5. Property management fee.
Legal basis: Interim Regulations on Property Tax
Article 4 The tax rate of real estate tax shall be calculated and paid according to the residual value of the real estate, and the tax rate shall be; If the tax rate is calculated and paid according to the rental income of the property, the tax rate is 12%.
Article 5 The following real estate is exempt from real estate tax: 1. Real estate used by state organs, people's organizations and the military; 2. Real estate for self-use by units allocated by the state finance department; 3. Real estate for self-use of religious temples, parks, places of interest and historic sites; 4. Non-business real estate owned by individuals; 5. Other properties that have been approved by the Ministry of Finance for tax exemption.
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Legal analysis: Gifts need to be notarized first, notarization fees need to be paid, and appraisal fees and deed tax, stamp duty, and production fees are paid.
As long as the property is the only owner-occupied property in your family and has been held for five years, then the individual income tax is also exempt.
It is necessary to pay an appraisal fee (5/1000 of the house price) and deed tax (less than 90 square meters is 1 percent). Stamp duty (5/10,000).
Business tax (exempted for 5 years from the profit obtained from the sale), handling fee.
Legal basis: Article 7 of the Administrative Provisions on the Transfer of Urban Real Estate: The transfer of real estate shall be handled in accordance with the following procedures:
1) The parties to the real estate transfer sign a written transfer contract;
2) Within 90 days after the signing of the real estate transfer contract, the parties to the real estate transfer shall apply to the real estate management department where the real estate is located with the real estate ownership certificate, the legal certificate of the parties, the transfer contract and other relevant documents, and declare the transaction**;
C) the real estate management department to provide the relevant documents to review, and within 7 days to make a written reply on whether to accept the application, within 7 days did not make a written reply, deemed to agree to accept;
4) The real estate management department verifies the declared transaction**, and conducts on-site investigation and evaluation of the transferred real estate as needed;
5) The parties to the transfer of real estate shall pay the relevant taxes and fees in accordance with the regulations;
6) The real estate management department shall go through the registration procedures for housing ownership and issue the real estate ownership certificate.
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The father who transfers the house to his son needs to pay taxes. Here's why:
1. The father transfers the house to his son through the sale and purchase transaction, and needs to pay the deed tax, personal income tax and business tax, as well as a certain amount of production cost.
2. If the property is transferred to the son through a gift, it can be exempted from paying personal income tax, but it needs to pay deed tax and business tax.
3. If the father passes away, the son can transfer the house by inheritance, then he can be exempted from paying deed tax, personal income tax and business tax, but if he trades again, he needs to pay all of them.
What are the procedures for the transfer of property for immediate family members?
It is necessary for both parties and the co-owners of the housing to apply for the transfer of ownership to the housing management department together with the certificate of their own lines, household registration book, certificate of marital status, real estate certificate of the house, deed tax certificate, land certificate of the nature of transfer, and gift contract. When the transfer of ownership, the housing loan needs to be repaid, and there is no collateral.
Immediate family members are involved in the transfer of ownership of the property.
1) Transfer costs;
1. Deed tax; For first-time buyers of less than 90 square meters, 1% shall be paid; 90-140 square meters according to the house price; More than 140 square meters shall be paid at 3% of the house price, and the buyer shall bear it;
2. Business tax: The property right of the house is exempted for five years, and the first trip is paid according to the house price if it is not more than five years. Seller's assumptions;
3. Land Appreciation Tax; The property right of the house is exempted for five years, and the payment is 1% of the house price if it is not more than five years. Seller's assumptions;
4. Income tax: Exemption for five years of property rights, 1% of the house price or 20% of the difference between the original value of the house and the current value of the house if it has not exceeded five years. (The original value of the house is generally calculated according to the tax paid amount of the previous deed tax) borne by the seller;
5. Housing transaction fee; According to the building area of 6 yuan square meters, both parties shall bear;
6. Housing property rights registration stool fee: yuan. Buyer assumes;
7. Housing appraisal fee; Pay according to the assessed amount, and the buyer bears it;
2) The deed tax shall be paid at 5% of the house price in the case of non-ordinary residential transactions, and business tax, land value-added tax, income tax and stamp duty of 10/10,000 shall be paid according to the regulations, regardless of whether the property right has been obtained for less than five years. The transaction fee is paid according to the house price, and everything else remains unchanged.
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Note that Fangzhou must be called for 5 years before the business tax and individual income tax will be exempted, and only the fee for the transfer registration of property rights needs to be paid. If it has not been 5 years, the business tax and individual income tax must be paid, and the deed tax and property right transfer registration fee must not be less.
The transfer is carried out through the method of gift, and the transfer is carried out only after the appraisal of the house, and the transfer procedures also need to pay personal income tax, deed tax, and notary fees. There is no business tax to be paid on the transfer of gifts, because gifts are an act of receiving gifts without compensation. It is also possible to transfer the title by inheritance, which is usually done in the case of the death of one of the parents.
Legal basis. Article 4 of the Provisional Regulations of the People's Republic of China on Real Estate Tax The tax rate of real estate tax shall be calculated and paid according to the residual value of the real estate, and the tax rate shall be; The tax rate is 12% for those who calculate and pay according to the rental income of the real estate.
For example, in a certain year, month, day, and time, in a certain minute and a certain second, after negotiation between the two parties, it was finally decided to transfer the house in a certain place to the son, set up some evidence as proof, and then write the year, month and date and sign the name.
What procedures are required for the transfer of the father's house to the son, it is better not to need any procedures, because after all, it is the normal transfer of the father's house to the son.
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