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Transaction of securities (which can include signing a contract to buy or sell a house).
We all know that buying and selling second-hand houses requires a transfer of ownership.
The transfer of ownership is required to pay money, but the transfer is not only a kind of house transfer, there are three ways of house transfer, namely sale, inheritance, and gift, the way is different, the transaction process is different, and the taxes and fees generated are also different. How much does it cost to close the house.
House transfer costs.
How do you calculate it? Today, I will explain to you the transaction process and taxes in three different ways.
Inheritance transfer. 1. Process (1) First, the heir must go to the place where the decedent is registered.
The police station cancels the household registration and handles the death certificate.
2) Next, the heir must go to the district or city notary office.
Handle the notarization of inheritance rights, and submit the death certificate of the decedent, the property right certificate of the house, identity documents and other materials. (3) Later, the heir goes to the relevant department to register the transfer of ownership.
and submit an application for real estate registration to the registration authority.
Identification certificates, real estate right certificates, inheritance notarization documents and other materials.
2. Tax deed tax: If the legal heir inherits the real estate, the deed tax is exempted; If the non-statutory heir accepts the ownership of the land or house in accordance with the will, he or she needs to pay the deed tax. Business Tax: Exempt from business tax if it is required to be paid, but if it is transferred to an ordinary residence that has been purchased for more than 5 years.
Individual income tax. At present, it is exempt, but after inheritance, it is necessary to pay 20% of the house price, and if the inherited property is five years old and the family has few houses, it is also exempt from individual income tax. Transaction Fees:
5 yuan square meter. The cost is 80 yuan. Notary Fee:
The inheritance notary fee is charged at 2% of the appraised value of the real estate inherited by the heir, and the lower is not less than 200 yuan.
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Your act of buying a new house is a transaction. After the transaction is completed, the auspicious day will be selected, and the firecrackers will be set off and moved in, which will be counted as entering the house.
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Generally, no.
When buying a second-hand house, check the following parts clearly, and there are unlikely to be major problems.
1. Verify whether the property right is clear: the seller must be the owner of the house, and it can be verified by checking the property right certificate and the property owner's ID card to confirm that it is correct.
2. Verify the condition of the house: when looking at the house, start from the following aspects: the status of the house, the status of the housing community, and the right to the house. The verification of these circumstances will help you control the actual costs and risks of trading.
3. Clarify the transaction procedure: the second-hand housing transaction can be divided into several steps: viewing, signing, giving the down payment at a clear time according to the contract, transferring, handing over the house, and giving the balance. These steps need to be noted:
Keep the evidence of the transaction, the transfer must be on the real estate certificate before the transfer can be made, and check whether the other party has paid the property fees, water, electricity and gas fees when handing over the house.
4. Clear liability for breach of contract: The seller should clarify and strictly enforce the liability for breach of contract, which is the guarantee for both parties to perform the second-hand housing sales contract in good faith. In practice, a small deposit penalty or a simple "the breaching party shall bear the losses of the non-breaching party" lacks practical effect.
When housing prices fluctuate, funds are insufficient, tax reforms occur, etc., one party delays or refuses to perform the contract from time to time. If the buyer thinks that the house price is too high or does not want to pay the transfer tax after signing the contract, he will delay the transfer procedures, resulting in the seller being unable to receive the balance in time after handing over the house; Some sellers found that the price of the property had soared, and they claimed that the sales contract without the consent of the other co-owners was invalid and asked the buyer to move out.
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There is no need to check the auspicious day for the transfer of the house, and the whole process is centered on moving and relocating. If, in doubt, it is best to check the auspicious day of the move.
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Generally, it is better to make an appointment in advance, and you can give priority to the housing authority.
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It varies from person to person. Some people will see it if they believe it, but they don't.
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There is no clear date stipulated by the law on the time of transfer of house sale, which is determined according to the time frame agreed in the contract. If there is no clear agreement in the contract or the agreement is not clear, the two parties shall decide through negotiation, and the corresponding liability for breach of contract shall be borne if the transfer is not delivered on time.
The operation process of house transfer:
The buyer is ready for the down payment, and the buyer and seller bring their ID cards, household registration books, marriage certificates, and real estate certificates; The buyer and seller work together to send the prepared down payment to the bank for capital supervision; The buyer and the seller go to the bank to sign the loan contract together, and the bank approves the loan (the husband and wife of the buyer and seller need to bring all the documents to the group), and the approval is generally completed within 10 working days; On the day of signing the loan contract, you can go to the tax authority with the seller to file tax returns; After the bank loan is approved, the buyer and the seller can go to the tax authority to pay the tax; The buyer and seller go to the housing management department to handle or manage the housing transfer procedures; After the house ownership certificate comes out, go to the bank as a mortgage, and the bank will lend money after obtaining the certificate of other rights; Check the cost of water, electricity, gas, heating, and property; The bank unsealed the capital supervision of the down payment, handed over the keys, and moved.
Legal basis
Article 511 of the Civil Code: Where the parties are not clear on the content of the relevant contract and cannot be determined in accordance with the preceding provisions, the following provisions apply:
1) If the quality requirements are not clear, they shall be performed in accordance with the mandatory national standards; where there are no mandatory national standards, they shall be performed in accordance with the recommended national standards; If there is no recommended national standard, it shall be performed in accordance with the industry standard; Where there are no national standards or industry standards, they shall be performed in accordance with the usual standards or specific standards that meet the purpose of the contract.
2) If the price or remuneration is not clear, it shall be performed in accordance with the market ** of the place of performance at the time of conclusion of the contract; If the ** pricing or ** guide price shall be implemented in accordance with the law, it shall be performed in accordance with the provisions.
3) Where the place of performance is not clear, and the currency is paid, the place where the receiving currency is located; If the immovable property is delivered, it shall be performed at the location where the immovable property is located; Other subject matter shall be performed at the location of the party performing the obligation.
4) If the time limit for performance is not clear, the debtor may perform at any time, and the creditor may also request performance at any time, but the other party shall be given the necessary time to prepare.
5) If the method of performance is not clear, it shall be performed in a manner conducive to the realization of the purpose of the contract.
6) Where the burden of performance costs is not clear, the party performing the obligation shall bear the burden; The creditor shall bear the performance costs increased due to the creditor's reasons.
Article 601: The seller shall deliver the subject matter at the agreed time. If a time limit for delivery is agreed, the seller may deliver it at any time during that time limit.
Article 602:Where the parties have not agreed on a time limit for the delivery of the subject matter or the agreement is not clear, the provisions of Article 510 and Article 511(4) of this Law apply.
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Legal analysis: The time for selling and closing the house is generally 15-20 working days. When the buyer and the seller agree on a contract signing date, the buyer will pay the remaining down payment to the seller within three working days after the contract is signed; And agree on a time when a property enters the core of the transaction.
Legal basis: Article 209 of the Civil Code of the People's Republic of China The creation, alteration, transfer and extinction of real estate rights shall become effective after registration in accordance with law, unless otherwise provided by law. The ownership of natural resources that belong to the state in accordance with the law may not be registered.
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What is the title deed date.
The date of the property right certificate of the house shall prevail, and the date of the property right certificate of Liang Xiangli is the date on which the real estate management department accepts the application for property right registration and approves the registration of the reply.
2. According to Article 3 (4) of the Notice of the State Administration of Taxation, the Ministry of Finance and the Ministry of Construction on Strengthening the Administration of Real Estate Taxation (Guo Shui Fa [2005] No. 89), "the time indicated on the house ownership certificate or deed tax payment certificate obtained by an individual purchasing a house shall be the time for purchasing a house".
3. "The time indicated in the deed tax payment certificate" refers to the date of completion and issuance indicated on the deed tax payment certificate.
If the taxpayer issues the house ownership certificate and the deed tax payment certificate at the same time when making the declaration, and the time and closing time of the banquet indicated in the two are inconsistent, the time of purchasing the house shall be determined in accordance with the principle of "whichever comes first". That is, if the time indicated on the house ownership certificate is earlier than the time indicated on the deed tax payment certificate, the time of the house ownership certificate shall be the time of purchasing the house; If the time indicated on the deed tax payment certificate is earlier than the time indicated on the house ownership certificate, the time indicated on the deed tax payment certificate shall be used to purchase the house. Oak late.
The transfer fee for buying a house is generally the purchase of a house, and it also depends on who pays the conditions for buying a house, some agree to sell the house, and some disagree, and the two parties reach an agreement, and the fee is who pays.
Legal Analysis]: The transfer costs are as follows;
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