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There are only 2 ways to do this: normal transfer and gratuitous gift.
The cost of the normal closing.
Less than two years: 1. Deed tax: 3% for guidance ** or more than 144 square meters;
Guidance ** below and 144 square meters or less;
First time buyers below 90 square meters 1%;
2. Stamp duty: 1/1000 (exempted from stamp duty for first-time buyers);
3. Handling fee: 6 yuan per square meter;
4. Land transfer fee: 1%;
5. Registration fee: 80 yuan;
6. Drawing material fee: 20 yuan;
7. Business tax: The purchase of ordinary residential buildings (below the guidance ** and below 144 square meters) will be subject to the difference in business tax;
8. Individual income tax: 1%.
More than two years: 1. Deed tax: 3% for guidance ** or more than 144 square meters;
Guidance ** below and 144 square meters or less;
First time buyers below 90 square meters 1%;
2. Stamp duty: 1/1000 (exempted from stamp duty for first-time buyers);
3. Handling fee: 6 yuan per square meter;
4. Land transfer fee: 1%;
5. Registration fee: 80 yuan;
6. Drawing material fee: 20 yuan;
7. Individual income tax: 1% (exempted from property rights for more than five years and the only house).
The cost of the gift is relatively low, there is only one fair fee, you need to go to the local notary department or the housing authority for consultation, but you have to ask clearly that the donated property will have a 20% personal income tax when you sell it twice, which you will have to pay, if you don't plan to ** this property, it will not involve this.
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What are the general costs of conveyancing?
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1. Handle the transfer of house property rights according to the gift of house property rights
Closing Fees:
1) Notary fee: 2% of the house price, 2) Appraisal fee: 2% of the house price.
3) Deed tax: 3% of the house price.
4) Land value-added tax: 1% of the house price.
5) Income tax: 1% of the house price.
6) Housing property registration fee: RMB.
2. Handle the transfer of ownership according to the sale and purchase of the house
Closing Fees:
1) Deed tax: 1% for first-time buyers below 90 square meters: 90-140 square meters according to the house price: 3% of the house price for more than 140 square meters.
2) Business tax: Exemption for those who have obtained the property right for five years, and payment according to the house price if it has not exceeded five years.
3) Land Appreciation Tax: Exemption for five years of acquisition of house property rights, and 1% of the house price for less than five years.
4) Income tax: Exemption for five years of property rights, less than five years of payment at the rate of 1% of the house price or 20% of the difference between the original value of the house and the current value of the house. (The original value of the house is generally calculated according to the tax paid amount of the previous deed tax).
5) Housing transaction fee: according to the building area of 6 yuan square meter.
6) Housing property registration fee: RMB.
7) Housing appraisal fee: pay according to the appraisal amount.
3. Transfer of ownership according to inherited real estate:
Closing Fees:
1) Notary fee: 2% of the house price, 2) Appraisal fee: 2% of the house price.
3) Stamp duty: paid according to the appraised value of the house.
4) Land value-added tax: 1% of the house price.
5) Housing property registration fee: RMB.
Legal basis: Article 37 of the Measures for Housing Registration The following materials shall be submitted to apply for the registration of change of ownership of the house:
1) Application for registration;
2) Proof of the applicant's identity;
3) Certificate of ownership of the house or certificate of real estate rights;
4) Materials proving the fact that the change has occurred;
5) Other necessary materials.
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There are several ways to solve this problem, and the cost is not the same, such as gift transfer, inheritance transfer, sale and purchase transfer, taxes and fees are not the same, and the house is not the same for five years and less than five years, go to the real estate bureau to ask to calculate accurately.
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If the inheritance property is used for the transfer, the transfer fee:
1) Notary fee: 2% of the house price;
2) Assessment fee: paid according to the room price;
3) Stamp duty: paid according to the appraised value of the house.
4) Land value-added tax: 1% of the house price.
5) Housing property registration fee: RMB.
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The new deed tax rules are coming, and from September 1, 2021, the transfer between husband and wife and the inheritance of real estate by children will be exempted from deed tax. According to the new rules, your parents' transfer of ownership is exempt from deed tax.
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Closing Fees:
1) Notary fee: 2% of the house price, 2) Appraisal fee: 2% of the house price.
3) Deed tax: 3% of the house price.
4) Land value-added tax: 1% of the house price.
5) Income tax: 1% of the house price.
6) Housing property registration fee: RMB.
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The transfer of the son's property to the mother requires a transfer fee, and the property has been bought and sold, and there is a transfer fee.
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1. Is there a handling fee for the transfer of the mother's house to the daughter?
1. The transfer of the mother's house to her daughter will be charged. There are three main ways for parents to transfer property to their children: "inheritance", "gift" and "sale".
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.
2. Legal basis: Article 61 of the Law of the People's Republic of China on the Administration of Urban Real Estate.
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 people at the same level after verification 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.
2. What is the process of handling the house ownership certificate?
1. If the transfer of the real estate certificate does not go through the real estate agency, the terms of the contract and the terms of breach of contract must be clearly written, and the party with the name on the seller's real estate certificate must be present when signing the contract;
2. After the application materials are ready, you must go to the real estate bureau to fill in some ** and a stock contract, and the amount on the stock contract must be the same as the amount on the signed contract;
3. After the application materials for the transfer of real estate are handed over to the Real Estate Bureau, the Real Estate Bureau will give a receipt to pay the tax according to the date stated on the receipt form, which generally takes about 15 working days;
4. After the real estate transfer tax is paid, you can get the real estate certificate.
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Legal Analysis: Leaving the property to the daughter by inheritance is the least taxable way, if there is no other consideration, you can wait until the death of the parents to handle the transfer of the property, this process only requires a very small registration fee and stamp duty. After the child obtains the real estate certificate through inheritance for 5 years, if there is no other property at the time of the property, he can be exempted from paying personal income tax and business tax at the same time, and only needs to pay a small amount of transaction procedures.
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.
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) the immovable property rights are acquired by inheritance or bequest (3) the legal documents effective by the people's courts and arbitration commissions or the effective decisions of the people are established, altered, transferred, or extinguished (4) the name or title of the right holder or the natural conditions are changed, and the application for modification of registration is applied for, (5) the immovable property is lost or the right holder renounces the rights of the immovable property, and the application for cancellation of registration is made (6) the application for correction of registration or objection registration is made (7) the law, Other circumstances where administrative regulations provide that a unilateral application may be made by a party.
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It can be used as a gift transfer or a sale transfer. The transfer fee is about 6% of the tax return price (i.e. the transfer price of the property as agreed upon) (3% of the notary fee and 3% of the transfer tax). However, after the transfer of the gift, if you want to transfer the property in the future, you will have to pay 20% of the declared tax value for a single personal income tax.
Therefore, it is not advisable to use gift transfer. It is advisable to use the sale and purchase transfer, i.e. the transfer of the property directly from the father to the children or others. The tax is approximately 8% of the declared value (seller:
Personal income tax 1% (exempt for real estate certificates greater than 5 years), business tax for real estate certificates greater than 5 years exempt), buyers: deed tax, other transfer taxes and fees are about hundreds, and the above tax points are calculated according to ordinary residences of less than 144 square meters). If the real estate certificate is transferred for five years, there is no need to pay individual income tax, only the deed tax is paid, and other transfer taxes and fees are about hundreds.
i.e. about a total of about that. The tax return price is yours to set. The Housing Authority's computer system has a minimum assessment for each local area.
If the declared value is higher than the appraised value, the tax will be calculated according to your value. If it is lower, it will be calculated according to the appraised value of the system. The most knowledgeable about this appraisal price is the local real estate agent in the same area, because they often go to the transfer and know how much they can pass through the lowest report, so it is recommended that you go to the agent to find out.
The basic procedures for the transfer of ownership of second-hand housing: signing the sales contract, handing over documents, paying taxes, paying taxes and transferring, and obtaining certificates. Sometimes the procedures vary from region to region, for example, it is possible to pay taxes first and then submit the documents.
Signing the sales contract refers to: the buyer and the seller together with the intermediary Yunqin (if any), negotiate and sign the contract on the real estate, delivery method, payment method, etc. Deliveries refer to:
The buyer and seller themselves bring the relevant materials to the housing authority to apply for the registration of the transfer of real estate. The buyer brings the original ID card. If the loan requires a certificate of the first house, it must be issued by the relevant department first according to the requirements of the Housing Authority.
The seller should bring the original ID card, real estate certificate, and original tax invoices related to the property. The sale and purchase contract can be signed with the Housing Authority version to the Housing Authority. (There are many big cities that have implemented online signing, that is, apply for a pre-acceptance number and fill in the form online, and then submit the documents, so as not to queue up at the housing authority)
After the buyer and the seller pay their respective taxes, both parties bring their ID cards and all the invoices and documents of their respective taxes and fees to the housing authority to check and confirm that the taxes have been paid, complete the transfer, and receive the transfer receipt. Obtaining the certificate means: the buyer shall bring the ID card and the transfer receipt to the housing authority to collect the new real estate certificate at the specified time according to the transfer receipt.
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There is a handling fee for the transfer of the mother's house to the daughter. There are three main ways for parents to transfer real estate to their children: "sale", "macro gift" and "inheritance", 1. Sale, the main costs of house sale and transfer are business tax, personal income tax and deed tax.
Among them, if the property is less than five years old, it is exempt from business tax and individual income tax, and only needs to pay deed tax and property right transfer registration fees, and if the property is less than five years old, it is necessary to pay business tax, individual income tax, deed tax and property right transfer registration fees. 2. Gift, personal income tax, deed tax and notary fee need to be paid for gift transfer. 3. Inheritance, compared with buying and selling and gifting, the tax expenditure is the lowest, and only the notary fee needs to be paid.
The heir can handle the notarization of inheritance rights with the will, and go to the rental shed door of the housing management department to handle the transfer and change of name with the notarial certificate of inheritance.
Legal basis: Civil Code of the People's Republic of China
Article 659:Where donated property needs to go through registration or other formalities in accordance with law, the relevant formalities shall be completed.
Article 124:Natural persons enjoy the right of inheritance in accordance with law. The lawful private property of natural persons may be inherited in accordance with law.
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