-
Legal analysis: There are three ways to transfer a house to a child: inheritance, gift, and sale, among which inheritance is the most cost-effective and cost-effective, but the inheritance must occur after the death of the parents. Because there is no business tax, individual income tax and deed tax on inherited property, only notary fees need to be paid.
Legal basis: Article 1123 of the Civil Code of the People's Republic of China After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.
-
1) Inheritance transfer is the most cost-effective: among the three transfer methods of sale, gift and inheritance, inheritance is the most economical and fast way, because China has not yet levied inheritance tax, and only need to pay notary fees for inheritance and transfer, and other taxes and fees are exempt. Since inheritance can only be achieved in the event of the death of one of the parents, many parents do not consider this route for the time being.
Of course, there are also parents who think far ahead and plan to write a will to leave the property to their children.
-
Legal analysis: 1, children inherit their parents' houses the most economical, because it is efficient to handle, only need to pay notary fees, but in the later stage, if the children want to ** house, it is necessary to deduct the gift from the property transfer income, and the balance of the tax and related reasonable expenses paid in the process of transferring the house is the taxable income, which is calculated and paid according to the applicable tax rate of 20% to pay individual income tax, so the inheritance is the highest transfer cost in the later stage, and the lowest cost in the early stage.
2. If the parents' house is less than five years after the purchase, after the children inherit the property, there is no guarantee that they will not be able to do it again in the future, in this case, the gift to the children is the most economical, because only 2% of the notary fee and deed tax need to be paid.
3. If the parents' house has been purchased for more than 5 years, the sale and transfer is the most cost-effective at this time, because you only need to pay the corresponding deed tax.
Legal basis: Civil Code of the People's Republic of China
Article 209 The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.
The ownership of natural resources that belong to the State in accordance with the law may not be registered.
Article 210 The registration of immovable property shall be handled by the registration authority where the immovable property is located.
The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.
-
Parents have a property in their name and want to transfer it to their children, and what they expect at this time is to complete the transfer in a more cost-effective way. There are three ways to choose from: inheritance, gift, and sale, which way is more economical?
1. What kind of house to buy, and how to save money by inheritance?
Taxes and fees required for the inheritance of the house: the inheritance notary fee and the corresponding handling fee and stamp duty, but the amount of the handling fee and stamp duty is very small and almost negligible. However, the act of inheritance can only occur after the death of the parents, so the limitation period is large.
If the house meets the following conditions, the inheritance method is more economical
There is no rush to transfer ownership.
The house is more than 90 square meters.
2. What kind of house to buy, and how to save money by buying and selling?
Buying and selling is a common and easy way to transfer ownership, and if the house is tax-efficient, it is better to let the parents "sell" the house to their children. If the house meets the following conditions, it is more economical to transfer the ownership of the house
The house is at least five years old and is the only home for the family.
The area of the house is less than 90 square meters, and the children do not have a house or have 2 or less houses in the administrative area where the house is located.
Note] If the house is transferred to the children by way of sale, when the house is traded again, whether it has been five years is calculated according to the time of the new transaction, and if it is an inheritance or gift or inheritance from an immediate family member, it can be calculated according to the time of the last transaction of the house for two years or five years.
3. What kind of house to buy, and how to save money by gifting?
To complete the transfer by way of gift, it is necessary to distinguish whether it is a gift from an immediate family member or a gift from a non-immediate family member. Gift notary fee to be paid for gifts by immediate family members, 3% deed tax; If the house is not the only home for five years, it will also pay 2% individual income tax. There are also processing fees and stamp duty, but the amount is not large.
Note] In the case of gifts between non-immediate family members, there is also a 20% differential tax.
If the house meets the following conditions, it is more cost-effective to transfer the property by gift:
The house is less than two years old. And the transfer is in a hurry, and you can't wait for the completion of the inheritance.
The house has been in the house for two years but not the only one, and the children own two or more properties in the administrative area where the house is located.
Inheritance, gift, and sale can all achieve the purpose of transferring the real estate of parents to their children, but they are applicable to different situations, and you can choose to save money according to your specific situation.
-
Inheriting an estate after the death of a parent is the most cost-effective way, so you don't have to rush through the transfer.
-
Summary. At present, it is the most cost-effective way for parents to transfer the house to their immediate family members at the original price.
At present, it is the most cost-effective way for parents to transfer the house to their immediate family members at the original price.
How to transfer the house to the son-in-law and daughter-in-law is the most beneficial to the daughter-in-law.
There is only one apartment in the name of the in-laws.
The most beneficial for the daughter-in-law is to write the daughter-in-law's name on the real estate certificate.
How was that transferred to his son and daughter-in-law.
Transfer of ownership to son and daughter-in-law by way of transfer of the original price between immediate family members.
Is it the way to buy and sell directly to his son and daughter-in-law?
Yes, you don't have to really give money.
If there is a change in the marriage in the future, can the daughter-in-law also have half of the property?
As long as the daughter-in-law's name is written on the real estate deed, there must be half of it.
The key is not to let parents give it to their sons personally.
-
Summary. There are three ways for parents to transfer a house to their children: assignment, gift, and inheritance.
Among them, the transfer of ownership by way of transfer needs to pay three kinds of fees: business tax, individual income tax and deed tax, and if the property has been completed for five years, business tax and individual income tax are exempted; The transfer by way of gift requires the payment of individual income tax, deed tax and notary fee, and there is no business tax; To handle the transfer by inheritance, you need to apply for inheritance notarization, and the notarization fee is charged according to the real estate ** ladder, which is the lowest compared to other methods1. Therefore, if the parents' house has been completed for five years, they can consider transferring the house by way of transfer; If the parents' house is less than five years old, they can consider transferring the house by gift; If you need to transfer the property after the death of your parents, you can consider transferring the property by inheritance.
There are three ways for parents to transfer a house to their children: by sale, by gift, and by inheritance. Among them, the transfer of ownership by way of transfer needs to pay business tax, individual income tax and deed tax, if the property has been completed for five years, business tax and individual income tax are exempted; The transfer by way of gift requires the payment of individual income tax, deed tax and notary fee, and there is no business tax; To handle the transfer by inheritance, you need to apply for inheritance notarization, and the notarization fee is charged according to the real estate ** ladder, which is the lowest compared to other methods1.
Therefore, if the parents' house has been completed for five years, they can consider transferring the house by way of transfer; If the parents' house is less than five years old, they can consider giving it to the gods; If you need to transfer the property after the death of your parents, you can consider transferring the property by inheritance.
Can you add, I don't quite understand it.
Parents selling the house to their children are the most economical and pay the lowest taxes.
-
Summary. Dear, hello, legal analysis: the most economical way for parents to transfer the house to their children is to leave the property to their children by inheritance, which is a way with the least taxes, if there is no other consideration, you can wait until the death of your parents to handle the transfer of real estate, this process only needs to pay a very small registration fee and stamp duty.
Dear, hello, legal analysis: the most cost-effective way for parents to transfer the house to their children is to leave the property to their children through the way of chain slag inheritance, which is the least tax and fee for a shed of quiet ways, if there is no other preparation for collapse, you can wait until the parents pass away and then handle the transfer of real estate, this process only needs to pay a very small registration fee and stamp duty.
Legal analysis: inheritance transfer is the most money-saving: among the three transfer methods of sale, gift and inheritance, the inheritance of shirt reversal is the most economical and fast way, because China has not yet levied inheritance tax, and only needs to pay notary fees for inheritance transfer, and other taxes and fees are exempt.
Since inheritance can only be achieved in the event of the death of one of the parents, many parents decide not to consider this route for the time being. Of course, there are also parents who think far ahead and plan to write a will to leave or travel the property to their children.
And the transfer of real estate within five years is more economical.
According to the national policy, if the property has been purchased for more than five years, the company is exempt from business tax and personal income tax, and only needs to pay the deed tax, which is less than the gift transfer.
Legal basis: Article 1123 of the Civil Code of the People's Republic of China After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement. Article 1127 of the Civil Code of Chaliang of the People's Republic of China The inheritance shall be carried out in the following order:
1) The first order of the elderly: spouse, children, parents; (2) Second order: siblings, grandparents, maternal grandparents.
It's almost not up.
1. There are three main ways for parents to transfer real estate to their children: "inheritance", "gift" and "sale", all three of which have their own advantages and disadvantages, and the costs required are also different. If the parents are still alive, the property can only be transferred to the children by "gift" or "sale". >>>More
Insurance should be bought as soon as possible, especially health insurance, because no one knows which will come first, accident or tomorrow.
Hello, first of all, to deny the notarization you mentioned, because notarization does not represent the real transfer of house ownership, notarization is only an intention, and the transfer of house ownership must be the change of the owner of the house on the real estate certificate, so notarization is not advisable. >>>More
If the property transferred by the parents to the children is transferred by way of sale and the property ownership certificate in the name of the child, the property right of the house is transferred, and it is the property legally owned by the child, and the parents cannot recover the property right of the house. >>>More
Yes, it is needed. 1.Inheritance tax is required to inherit the inheritance of parents' estate, but to be precise, inheritance of real estate is divided into two types, one is legal inheritance and the other is testamentary inheritance. >>>More