How to transfer the house of the elderly to the name of the child? Is there an easier way?

1. There are three ways to transfer real estate to children:

1.The transfer of ownership is carried out in accordance with the transaction procedures in the form of buying and selling.

2.The transfer is carried out by inheritance, but this situation needs to occur in the case of the death of one of the parents, which is not very common.

3.To handle the transfer by way of gift, first handle the notarization of the gift, then handle the housing appraisal and housing appraisal, and finally handle the transfer.

2. The 2018 new law stipulates that in general, individual income tax can be exempted in these four circumstances.

The first is that it is the only house that has been completed for 5 years and is legally exempt from paying personal tax in our country.

The second is inheritance, whether it is testamentary inheritance or statutory inheritance, no personal tax will be paid.

The third is that when the divorce is re-divorced, the marital property is divided, and if the court determines which party the ownership of the house belongs to, this situation is also exempt from individual income tax.

The fourth is to give it to the immediate family members free of charge, and of course both conditions must be met.

3. Which is the most cost-effective, sale, gift or inheritance?

Take an ordinary house with an area of 90 square meters and a market value of 3 million as an example.

1.If the property is donated, the deed tax must be paid in any case, and 1% will be charged for the first house with an area of less than 90 square meters, and 3% for the first house with an area of more than 90 square meters and 144 square meters, and 3% for non-first-time buyers, non-ordinary residences, and more than 144 square meters. In this way, the total cost of donating real estate is nearly 10,000 yuan.

2.Parents need to pay a registration fee of 50 yuan, a deed tax of 30,000 yuan, an appraisal fee of 10,000 yuan, and a transaction fee of 540 yuan for the transfer of the property to their children, totaling more than 40,000 yuan.

3.Inheritance is the most economical and fastest way, because China has not yet levied inheritance tax, and only need to pay notary fees for inheritance transfer, and other taxes and fees are exempt. It can be seen that the most cost-effective way to transfer real estate today should be inheritance.

Since inheritance can only be achieved in the event of the death of one of the parents, many parents do not consider this method for the time being. Of course, parents can consider writing a will to leave the property to their children.

4. How to transfer the house to save money for children?

1.Gifts and transfers of real estate within five years are more cost-effective: According to the national housing policy, parents donating real estate to their children are exempt from VAT and personal income tax, and only pay a notary fee and deed tax of 2% of the total price of the house.

2.For properties that are more than five years old, it is more cost-effective to buy and sell real estate: According to the national policy, if the real estate has been purchased for more than five years, it is exempt from business tax and personal income tax, and only needs to pay deed tax, which is less than the cost of a notarization compared with the gift transfer.

Therefore, the choice of which method of transfer also depends on the specific situation of the house.

The real estate certificate is the name of the elderly, and it is the easiest to think about how to transfer the ownership to the child's name. There are a number of options to choose from due to a number of factors. 1. If both the elderly and children are the only houses in their names.

If you don't plan to do so in the next five years, it's easy and cost-effective to go through the gift process or buy and sell. The elderly and children bring their ID cards, household registration books, original real estate certificates and marriage certificates directly to the housing management department to go through the donation procedures, and only need to pay the deed tax.

You can choose to give, buy, sell, or inherit. At present, the easiest way is to buy and sell, because the tax is very small. Although inheritance is not taxable, it can only be processed after the death of the family.

Go to the housing notary office and transfer the house of the old man to the child's name. The easy way to do this is to go to a notary public to do a notarization of the sale.

Legal analysis: go to the notary public to notarize the house gift contract, and then bring the ID card, household registration book, real estate certificate and other necessary materials to the registration authority where the real estate is located to apply for transfer registration, and then the housing registration department will review the application materials, handle the housing transfer registration for those who meet the requirements, and issue the real estate registration book for them.

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 Zhixin real estate. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.

Article 214 Where the creation, alteration, transfer or extinction of a real estate right shall be registered in accordance with the laws and regulations, it shall take effect when it is recorded in the real estate register.

Using gifts is the most cost-effective and convenient way. This method is only for immediate family members, and only requires a small number of relevant materials to achieve the purpose of transfer, which is relatively easy to operate.

You can transfer the ownership through inheritance, and you only need to pay a fee of more than 1,000 yuan to transfer the ownership to the child's name, which is also the most convenient and money-saving way to transfer.

It is most convenient to sell directly to the child, because the transfer to the child's name requires more handling fees than the direct transfer, and it is troublesome, it is better to sell it to the child yourself.

There are three ways to transfer real estate to children: the first is to transfer the property by way of transfer, that is, to handle the transfer in accordance with the transaction procedures by way of sale. The second is to handle the transfer by way of gift, first handle the notarization of the gift, then handle the housing appraisal and housing appraisal, and finally handle the transfer.

The third way is to handle the transfer by inheritance, but this situation needs to occur in the case of the death of one of the parents, which is not very common.

1) Transfer of ownership of the house to children by way of transfer: The main costs of handling the transfer of the house are business tax, individual income tax and deed tax. Among them, the business tax is exempted for five years, and the individual income tax is also exempted, and only the deed tax and property transfer registration fee need to be paid, and if the property is less than five years, the business tax and individual income tax need to be paid, and the deed tax and property right transfer registration fee are paid at the same time.

2) Transfer the house to the children in the form of gifts: To handle the gift transfer, you need to pay individual income tax, deed tax and notary fees. There is no business tax on the transfer of gifts, because gifts are considered to be free gifts, so the donee is required to pay personal income tax, and at the same time, the gift transfer also needs to pay notary fees.

3) Transferring the house to the children by inheritance is the lowest tax expense compared with the sale and gift, because the inherited property does not have business tax, individual income tax and deed tax, and only needs to pay notary fees. The heir can handle the notarization of inheritance rights with the will, and go to the housing management department to handle the transfer and change of name with the notarial certificate of inheritance.

Second, how to transfer the house to save money for children.

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 fathers and mothers who think far ahead and plan to write a will to leave the property to their children.

2) The transfer of real estate within five years is more economical: according to the national policy, parents donating real estate to their children are exempt from business tax and personal income tax, and only pay the notary fee and deed tax accounting for 2% of the total price of the house. However, although there is no notary fee for the sale and transfer, the following taxes must be paid in addition to the deed tax:

1. Business tax shall be levied when the house is purchased for less than five years and the house with an area of more than 140 square meters shall be levied.

2. If the house has been purchased for less than five years or the house has been purchased for more than 5 years but is not the only house of the family, individual income tax shall be levied when the house is transferred.

3) More than five years of real estate purchase and transfer is more cost-effective: According to the national policy, if the real estate has been purchased for more than five years, it is exempt from business tax and personal income tax, and only needs to pay deed tax, which is less than the gift transfer to pay a fair fee.

With inheritance. This method is the most cost-effective and convenient.

There are three ways to transfer the house to the children: inheritance, gift, and sale, among which inheritance is the most cost-effective and cost-effective (in this case, the house is for the children's own use, and if you want to inherit the property ** in the future, you can't choose the inheritance method.) )。

But 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.

According to Article 1123 of the Civil Code, after the commencement of inheritance, it shall be handled in accordance with 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.

The house is in the name of the elderly, and if you want to transfer the house to your children, then you must go to the real estate transaction hall to go through the relevant procedures.

There are three ways to buy and sell inheritance, gifts, and the first two are more troublesome, and if you want to pay less tax, it is best to buy and sell more easily.

Transfer,That's unless the old man dies,,There will be this way,,Otherwise, it's a matter of handling fees and other related things that need to be done.。。

Just transfer the property normally and pay taxes, which is much cheaper than inheriting the property.

Legal analysis: There are three main ways for the elderly to transfer real estate to their children: 1. Handle the transfer of property rights according to the gift of house property rights; 2. Handle the transfer of ownership according to the sale and purchase of the house; Three hidden empty, according to the inheritance of the real estate for transfer.

The transfer procedures for these three methods are different, and you need to prepare the materials according to the specific method chosen.

Legal basis: Civil Code of the People's Republic of China

Article 211: Parties applying for registration shall provide proof of ownership and necessary materials such as the boundary address and area of the immovable property based on the different registration items.

Article 214 Where the creation, alteration, transfer or extinction of the right to carry movable property shall be registered in accordance with the provisions of law, it shall take effect when it is recorded in the immovable property register.

Legal analysis: It can be transferred to the son by way of gift. There are several steps in the transfer of the gift property:

Both parties sign the letter of gift and notarize it; Both parties should bring relevant materials and identity certificates to the Zhengzi Housing Authority for registration; Pay the tax fee and go to the housing authority to handle the transfer of ownership and prepare for the renewal.

Legal basis: "Measures of the People's Republic of China for the Registration of Housing Shouting Caution" Article 33 The following materials shall be submitted to apply for the registration of the transfer of housing ownership:

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 transfer of ownership of the house;

5) Other necessary materials.

The materials in item (4) of the preceding paragraph may be sales contracts, exchange contracts, gift contracts, bequest certificates, inheritance certificates, division agreements, merger agreements, legal documents effective by the people's courts or arbitration commissions, or other materials proving the transfer of ownership of the house.

Legal analysis: It can be transferred to the son by way of gift. There are several steps in the transfer of the gift property:

Both parties sign the letter of gift and notarize it; Both parties should bring relevant documents and identity certificates to the Housing Authority for registration; Pay the tax fee and go to the housing authority to complete the transfer procedures.

Legal basis: Measures of the People's Republic of China for Housing Registration Article 33 The following materials shall be submitted to apply for the registration of the transfer 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 property right of the house with good reputation;

4) Materials proving the transfer of ownership of the house;

5) Other necessary materials.

The materials in item (4) of the preceding paragraph may be sales contracts, exchange contracts, gift contracts, bequest certificates, inheritance certificates, division agreements, merger agreements, effective legal documents of the people's courts or arbitration commissions, or other materials proving the transfer of ownership of the house.