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1. The tax on buying a house can be refunded.
However, if the conditions for tax refund are met, such as the following conditions, you can get a refund of individual income tax.
1. The amount of new housing purchased by individuals (including husband and wife, the same below) is greater than or equal to the sales amount of the original housing (the original housing is the purchased public housing.
The sales of the original housing shall be deducted from the income that has been paid to the financial department or the original property right unit in accordance with the regulations, the same below), and the individual income tax paid shall be refunded in full;
2. If the amount of new housing purchased by an individual is less than the sales amount of the original housing, the individual income tax paid shall be refunded according to the proportion of the purchase amount to the sales of the original housing;
3. If the owner of the house or the newly purchased house is jointly owned by the husband and wife and other people, the tax refund shall be calculated according to the share of the husband and wife in the value of the real estate;
4. For individuals who have ** or newly purchased housing property rights, the tax refund will be calculated according to the individual's share of the real estate value;
5. If an individual can only get a part of the tax refund, and if he buys a new house within 1 year, he can apply for the unrefunded part of the tax.
The deed tax paid for the purchase of the house can be refunded.
2. Individuals applying for tax refund must meet the following two conditions at the same time.
1. The time of individual ** and new housing purchase occurred after December 2, 1999, and the time between ** and the time of purchase of housing is not more than 12 months, and the time of individual ** housing is subject to the time of withholding tax on the individual income tax payment certificate; The time for an individual to purchase a house shall be determined in accordance with the following time regulations:
1).Contract for the sale and purchase of commercial housing.
the date on which the registration was confirmed at the real estate exchange;
2)..The date of completion and issuance indicated on the invoice for the first instalment;
3).The title deed of the house obtained.
or the date of issuance as stated on the deed tax payment certificate.
2. Individuals** and newly purchased houses are located within the scope of Guangzhou (including three districts and two cities);
Note: The purchase of the same house is not eligible for this tax refund policy.
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Handle the deed tax refund process.
1. Taxpayers should apply for tax refund at the window of the Local Taxation Bureau on the second floor of the Municipal Administrative Service Center with the tax refund requirements.
2. The window will issue a tax income refund certificate and affix the return seal.
3. Go to the Deed Tax Branch of the Municipal Local Taxation Bureau to check the payment certificate of the current tax (the copy of the payment letter needs to be submitted to the People's Bank of China).
4. Go to the office of the Municipal Local Taxation Bureau to affix the official seal.
5. Go to the Treasury Section of the district-level finance bureau involved in the tax refund for examination and approval and affix the seal of the refund.
6. Go to the Treasury Section of the Municipal Finance Bureau for approval and affix the seal of withdrawal.
7. Go to the Treasury Section of the People's Bank of China for approval.
8. After the approval of the People's Bank of China, the local taxation bureau will notify the window, and then the local taxation bureau window will notify the tax refund applicant to inquire whether the tax has been paid.
Note: There are three common scenarios for deed tax refunds.
1. Refund of overpaid taxes.
According to Article 51 of the Law of the People's Republic of China on the Administration of Tax Collection, "the tax paid by the taxpayer in excess of the tax payable shall be refunded immediately after the tax authorities find it; If the taxpayer discovers the tax within three years from the date of settlement and payment, it may request the tax authorities to refund the overpaid tax and add interest on the bank deposit for the same period, and the tax authorities shall refund it immediately after timely verification; If it involves withdrawal from the state treasury, it shall be returned in accordance with the provisions of laws and administrative regulations on the management of the state treasury. ”
For example, the area of the property subject to deed tax is inconsistent with the actual area. According to the "Reply of the Henan Provincial Department of Finance on the Issue of Applying the Tax Rate to the Real Estate Deed Tax" (Yu Cai Ban Nong Shui [2009] No. 4), it is stipulated that:
In order to standardize the basis for the collection of deed tax and prevent the occurrence of over-collection and omission, in the process of deed tax collection, if the area indicated in the purchase contract or invoice is inconsistent with the actual area, the actual area shall prevail, and the deed tax shall be levied according to the actual area at the applicable tax rate. If the deed tax has been levied in accordance with the purchase contract or invoice, if the collection authority finds that the actual area of the purchased house is inconsistent with the area indicated in the contract or invoice, the tax shall be calculated according to the actual area and the applicable tax rate shall be applied to the actual area, and the tax shall be recovered or refunded. ”
2. Check-out tax refund.
According to the Notice of the Ministry of Finance and the State Administration of Taxation on Deed Tax Issues Concerning the Settlement of Houses by Buyers (CS 2011 No. 32), "the deed tax shall be refunded to the units and individuals who have paid the deed tax if they check out before the registration of the change of ownership of the house; If you move out after the registration of the change of ownership of the house, the deed tax will not be refunded. ”
3. Tax rebate for invalid property right transfer.
According to the Reply of the State Administration of Taxation on the Collection of Deed Tax on the Transfer of Invalid Property Rights (Guo Shui Han No. 2008 No. 438), "no deed tax shall be levied on the invalid transfer of property rights decided by the court. After the court decides to revoke the title deed, the deed tax should be refunded. ”
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The deed tax paid for buying a house is non-refundable unless you pay a heavy amount.
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It depends on the situation, if you do not go through the property rights transaction, only sign the purchase contract, and do not complete the transaction, after checking out, the deed tax can be refunded, and if you complete the property rights transfer, the deed tax is not refundable.
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There is no refund for buying a house, and if you don't want it, you can only buy and sell it again, so the house deed tax cannot be refunded.
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This deed tax is refundable.
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【Legal analysis
It is true that the deed tax can be refunded, but the deed tax refund needs to meet the following conditions:
1. If a taxpayer finds that the tax paid exceeds the tax payable within three years from the date of settlement and payment of tax, he or she may request the tax authorities to refund the overpaid deed tax;
2. After the purchase of the house, the developer will collect the deed tax at 3%, and in line with the deed tax reduction and exemption policy for the only house of the family, the deed tax can be refunded according to different circumstances according to the conditions of the deed refund;
3. For individuals who purchase a single house with a construction area of less than 144 or a building area of less than 120 (except for "villas"), as long as the house is the only housing of the buyer's family (including the buyer, spouse and minor children), they can enjoy the deed tax refund policy.
Legal basis
Deed Tax Law of the People's Republic of China
Article 11 After the taxpayer has handled the tax payment matters, the tax authorities shall issue a deed tax payment certificate. When a taxpayer registers the ownership of land or a house, the immovable property registration authority shall inspect the deed tax payment, tax reduction and exemption vouchers or relevant information. If the deed tax is not paid in accordance with the regulations, the real estate registration authority shall not handle the registration of land and house ownership.
Article 12 Where the ownership transfer contract or the certificate of the nature of the ownership transfer contract is not valid, invalid, revoked or dissolved before the registration of land or housing ownership is handled in accordance with the law, the taxpayer may apply to the tax authorities for a refund of the tax paid, and the tax authorities shall handle it in accordance with law.
Article 13 The tax authorities shall establish a mechanism for sharing and cooperating with relevant departments on tax-related deed tax. Relevant departments such as for natural resources, housing and urban-rural development, civil affairs, and public security shall promptly provide information related to the transfer of land and housing ownership to the tax authorities, and assist the tax authorities in strengthening the collection and management of deed tax.
The personal information of taxpayers learned of by the tax authorities and their staff shall be kept confidential in accordance with the law and shall not be disclosed or illegally provided to others.
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The deed tax has been handed over, and if there are no special circumstances or policies, it will definitely not be refundable.
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If it cannot be refunded, the deed tax is generated from the flow of funds generated by buying a house, and as long as there is a flow of funds, the deed tax will be generated, and these taxes are also handed over to the national treasury and local fiscal revenue, and cannot be refunded.
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The deed tax paid for the purchase of the house. If there is no special policy. Or for any special reason, it is not possible to return.
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If you pay the deed tax, there is no way to get it back, your house is already yours.
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Dear, depending on the local ** policy, sometimes it can be returned. I bought it before June 30 last year in Guilin, and I returned it this year. **This treatment is available from February to June.
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If I move out after purchasing a house, can I apply for a refund of the deed tax and repair** I have paid?
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Legal analysis: The deed tax of the house can be refunded, and the deed tax will be refunded to the units and individuals who have paid the deed tax if they check out before the registration of the change of ownership of the house. Deed tax refers to a one-time tax levied on the new owner (property right bearer) at a certain percentage of the property price of the contract entered into by the parties when the property rights of immovable property (land, house) are transferred and changed.
Legal basis: Article 12 of the Deed Tax Law of the People's Republic of China Article 12 If the ownership transfer contract or the certificate of the nature of the ownership transfer contract is not valid, invalid, revoked or dissolved before the registration of land or housing ownership is handled in accordance with the law, the taxpayer may apply to the tax authorities for a refund of the tax paid, and the tax authorities shall handle it in accordance with the law.
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If the deed tax paid for the purchase of the house can be refunded, for the units and individuals who pay the deed tax, if they check out before the registration of the change of ownership of the house, the deed tax will be refunded, and the buyer can go to the developer or the housing authority to refund the deed fee tax, and the basic materials for the deed fee refund shall be provided: a copy of the household registration book (rural household registration needs to be updated), if you are a resident of the rural to urban area, you need the original confirmation of the rural transfer to the city, a copy of the ID card, a marriage certificate, the original certificate of family no house, the original buyer's deed tax payment certificate and a copy (buyer), Personal bank information, copy of house purchase contract, etc.
Legal basisArticle 1 of the Deed Tax Law of the People's Republic of China Where the ownership of land and houses is transferred within the territory of the People's Republic of China, the units and individuals who receive the deed tax shall pay the deed tax in accordance with the provisions of this Law.
Article 3 of the Deed Tax Law of the People's Republic of China The deed tax rate is 3% to 5%. The specific applicable tax rate of deed tax shall be proposed by the people of provinces, autonomous regions and municipalities directly under the Central Government within the range of tax rates specified in the preceding paragraph, and shall be reported to the Standing Committee of the People's Congress at the same level for decision, and shall be reported to the Standing Committee of the National People's Congress and the People's Congress for the record. Provinces, autonomous regions, and municipalities directly under the Central Government may, in accordance with the procedures provided for in the preceding paragraph, determine differential tax rates for the transfer of ownership of different entities, different regions, and different types of housing.
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The deed tax is non-refundable.
Because there is a tax when buying a house, the deed tax is the tax paid, which is not refundable, and it needs to be paid again after buying a house.
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The deed tax paid for buying a house is refundable, and if you pay more or are not in accordance with the policy, you can apply for a refund.
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Only by satisfying the three policies of deed tax refund can you claim a refund of taxes. 1.For home buyers, when purchasing a house, if the construction area is less than 144 square meters and belongs to the only house of the family, the deed tax will be levied at 1% if the construction area is less than 90 square meters, and the buyer who meets the above conditions but is levied at the rate of 3% can request a refund of the tax.
2.When requesting a refund of the deed tax, it is necessary to issue a relevant tax payment certificate, in addition to submitting the ownership certificate of the house or the invoice at the time of purchasing the house, and bring your personal ID card and the receipt of the payment to the relevant department within a certain period of time. 3.
For now, the new deed tax law implemented in 2021 still maintains a preferential policy, so except for the purchase of a second house or a non-ordinary residence, you can enjoy a preferential deed tax policy. Hope mine helps you! Hope.
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If you buy a house and pay the deed tax, of course, you can't get it back, but you can't get it back if you want to pay the tax.
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Article Summary: According to the regulations, there are many taxes and fees that need to be paid in the process of buying a house, including deed tax. If you have signed a purchase contract and have paid the deed tax, but have not completed the transaction procedures, you can apply for a deed tax refund when you check out.
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According to the real estate policy, if there is a discrepancy in the deed tax you paid at that time, you can get a refund by communicating with the real estate bureau.
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Can the deed tax paid for buying a house be refunded? According to the regulations of the real estate market in our country. The deed tax paid for buying a house is non-refundable. This fee must be paid.
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No, it doesn't matter if you're buying a new or second-hand home.
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If you meet the conditions, you can get a refund.
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No refunds are allowed unless there are special circumstances.
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1. The tax on buying a house can be refunded.
However, if the conditions for tax refund are met, such as the following conditions, you can get a refund of individual income tax.
1. If the amount of newly purchased housing by an individual (including husband and wife, the same below) is greater than or equal to the sales amount of the original housing (if the original housing is a public housing purchased, the sales of the original housing shall be deducted from the income paid to the financial department or the original property right unit in accordance with the regulations, the same below), the individual income tax paid shall be refunded in full;
2. If the amount of new housing purchased by an individual is less than the sales amount of the original housing, the individual income tax paid shall be refunded according to the proportion of the purchase amount to the sales of the original housing;
3. If the owner of the house or the newly purchased house is jointly owned by the husband and wife and other people, the tax refund shall be calculated according to the share of the husband and wife in the value of the real estate;
4. For individuals who have ** or newly purchased housing property rights, the tax refund shall be calculated according to the share of the personal trousers in the value of the real estate;
5. If only part of the tax is refunded for individual tax refund, and if a new house is purchased within 1 year, the tax refund part can be processed again.
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You can retreat with pure caution.
If you check out before the registration of the change of ownership of the house, the deed tax will be refunded, and the purchaser can go to the developer or the housing authority to refund the deed and start the tax.
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