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Depending on the situation of the house, if the purchase has been completed for 2 years, the business tax can be exempted, and if the child is the first house, the cost is lower; If it has not been completed for 2 years, the cost of the gift is lower.
1. Gift: If the recipient of the house pays 3% of the deed tax and stamp duty, and the stamp duty paid by the donor of the house, the total amount is the transfer price of the house, this tax is not exempted.
2. Buying and selling: 1. Deed tax.
Ordinary house: less than 90 square meters: total price*1%, 90-144 square meters (120 in the suite): total price*
144 square meters (120 in the suite) or more or non-ordinary house: total price * 3%,
Commercial property or company property: total price * 3%.
Since May 2014, the deed tax exemption policy for the first purchase of houses below 90 square meters by agricultural households has been abolished.
2. Individual income tax.
Ordinary Residential: Total Price * 1% or (Total Price - Cost) * 20%
Income from gifts or inheritances is levied at the total price * 20%.
If the purchase has been completed for 5 years and is the only living house for the family, it is exempted.
3. Business tax and surcharges.
Ordinary House: Gross Price*
If the purchase of less than 144 square meters (120 units in the suite) is less than 2 years, the full amount of business tax will be levied, and the full amount of business tax will be exempted.
If the purchase of more than 144 square meters (120 units in the suite) is less than 2 years, the full amount of business tax will be levied, and the difference between the sales income and the purchase price of the house for 2 years will be levied.
The surcharge refers to the urban construction tax and the local education fee surcharge.
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There is no age limit for the name on the title deed.
Legal basis: Measures for Housing Registration
Article 14: The guardian of a minor shall apply for registration of the house on his behalf. Where guardians apply for housing registration of minors on their behalf, they shall submit materials proving the guardian's identity; Where an application for registration is made for the disposition of a minor's house, a written guarantee for the minor's interests shall also be provided.
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Legal analysis: There is no limit to the age of the child, no matter how old you are, you can transfer the ownership, and the law does not make hard and fast rules. However, if the child is not yet an adult, when the transfer is carried out, the child must be taken to the notary office to handle the notarization of the legal guardian, and after obtaining the notarial certificate, the legal guardian can sign and enter the transfer procedure.
Legal basis: Article 3 of the Measures for the Administration of Real Estate The transfer of real estate as used in these provisions refers to the act of transferring the real estate of the real estate right holder to others through sale, gift or other legal means. "Other lawful methods" as used in the preceding paragraph mainly includes the following conduct:
1) Investing in real estate as a shareholder, establishing an enterprise legal person with others, and changing the ownership of real estate;
2) Where one side provides land use rights, and the other party or more parties provide funds for joint ventures or cooperative development and operation of real estate, resulting in a change in the ownership of real estate;
3) The ownership of real estate is transferred as a result of the acquisition, merger or consolidation of the enterprise;
4) Paying debts with real estate;
5) Other circumstances provided for by laws and regulations.
Article 7 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.
Article 8 The real estate transfer contract shall contain the following main contents:
1) The names and addresses of both parties;
2) The name and number of the real estate ownership certificate;
3) The location, area, and boundaries of the real estate;
4) The land parcel number, the method and term of acquisition of land use rights;
5) the use or nature of the use of the real estate;
6) Transaction** and payment method;
7) the time when the real estate is put into use;
8) Liability for breach of contract;
9) Other matters agreed upon by both parties.
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There is no age limit for real estate transfers. According to the laws of our country, those who apply for the registration of the right to use state-owned construction land and the transfer of ownership of houses shall submit the following materials according to different circumstances: (1) real estate ownership certificate; (2) Contracts of sale, exchange, or gift; (3) Materials of inheritance or bequest; (4) Split Merger Agreement; (5) Legal documents effective by the people's courts or arbitration commissions; (6) The approval documents of the people** or the competent departments with the right to approve; (7) Proof of payment of relevant taxes and fees; (8) Other necessary materials.
If the immovable property sales contract shall be filed in accordance with the law, the applicant shall submit the recorded sales contract when applying for registration.
Article 38 of the Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property.
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Analysis of legal clearance: children can transfer property to children no matter how old they are, and the court has no age limit for owning a property. However, if the house is transferred to a minor child, the child's legal guardian is required to sign and go through the formalities on behalf of the child, because the minor child is a person who can respond to the power of restricting civil acts, and the implementation of civil juristic acts shall be carried out quietly by his legal ** person ** or with the consent and recognition of his legal ** person.
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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There is no age limit for conveyancing. The law does not limit the age of the owner of the house, and any person of any age can be registered in the real estate book as the owner of the house. When handling the registration of ownership, a person who does not have the corresponding capacity for civil conduct may be handled by his guardian on his behalf.
Legal basis] Article 18 of the Civil Code.
Adults are persons with full capacity for civil conduct and may independently carry out civil juristic acts. Minors over the age of 16 who rely on their own labor income as their main livelihood** are to be regarded as persons with full capacity for civil conduct.
Article 19. Minors over the age of 8 are persons with limited capacity for civil conduct, and the implementation of civil juristic acts is carried out by their legally-designated ** or with the consent and retrospective consent of their legally-designated **; However, they may independently carry out civil juristic acts that are purely beneficial or that are appropriate to their age and intelligence.
Article 20. Minors under the age of eight are persons with no capacity for civil conduct, and their legally-prescribed **persons** are to carry out civil juristic acts.
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