What are the ways to transfer ownership to children? What is the most cost effective way to close th

Introduction: There are three ways for parents to transfer real estate to their children, the first is inheritance, the second is gift, and the third is to buy and sell Among these three transfer methods, many people will think that inheritance is the easiest way, in fact, inheritance is also the most economical and fast way, only need to pay notary fees when handling inheritance, and other fees do not need to be paid, but inheritance is limited to the need for one of the parents to pass away. If it is a real estate transfer within 5 years, you can save more money, which is also because it is determined by national policies, and more than 5 years of real estate through the way of buying and selling will be more cost-effective, so it is also necessary to look at the specific situation of the individual property to judge which way is more cost-effective.

Gift Transfer. The transfer of ownership by gift mainly refers to the signing of a gift contract between parents and children without a loan, but this gift contract must be notarized, which is 2% of the value of the donated house, and at the same time, personal income tax and deed tax must be paid.

Sale and Transfer. If you want to achieve the purpose of transfer through buying and selling, you need to pay personal income tax, deed tax, and value-added tax. This way of buying and selling the transfer is the same as the ordinary way of buying a second-hand house, it is necessary to look at the situation of the whole house, so it is necessary to consult the local real estate management department when transferring the ownership, and choose the most suitable way to transfer.

Summary. Finally, if you look at it by comparison, gift is the most expensive of the three transfer methods. If the children will not have a second time after acquiring the parents' property, it is most cost-effective to choose the inheritance method, but if the property is likely to change hands in the future, it is better to choose the way of buying and selling.

For most families, the house is also the savings of every family, so for parents, if they want to transfer the house to their children, they need to pass through inheritance, gift and sale, but these three ways are subject to taxes.

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 then 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. If you buy a house for more than five years, you will be exempt from business tax when you resell it; If this suite is the only property in the family, it is not only exempt from business tax, but also exempt from personal income tax; If you choose to donate the house within five years, it will be more costly.

There are many ways to transfer a house, but if the elders and parents transfer the house to their own name, they can choose to give it as a gift, which is the most cost-effective.

There are three ways to transfer a house, namely gift, inheritance and sale. The way to buy and sell is the most cost-effective, and the property tax that needs to be paid is also the least.

Among the three transfer methods of buying and selling, gifting and inheritance, inheritance is the most economical and fast way, because China has not yet levied inheritance tax, and only notary fees are required to pay for inheritance and transfer, and other taxes and fees are exempt. However, in practice, because inheritance can only be carried out after the death of the inheritor, this kind of transfer method is relatively rare.

Therefore, it is most appropriate to transfer the house to the children by way of transfer. Zhijing accompanies refer to real estate transactions between family members, and only need to pay individual income tax, deed tax and business tax according to the assessed value of the local tax, and the cost is not much. In addition, if the house has been purchased for more than five years, the business tax and individual income tax can also be exempted, and the 20% personal income tax will no longer be generated in the future transaction through the transfer of the property.

1. Handle the transfer of ownership by way of sale.

If the transfer is handled in this way, it is necessary to handle the transfer in accordance with the transaction procedures in the form of buying and selling; Everyone should know this, but do you know what fees you need to pay? Let's tell you that the main costs of handling the transfer of housing sales are business tax, personal 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 fees need to be paid.

If the property is less than five years old, you need to pay business tax and individual income tax, as well as deed tax and property transfer registration tax.

2. Handle the transfer by way of gift.

To handle the transfer by way of gift, you need to first go through the notarization of the gift, then go through the housing appraisal and appraisal of the house, and finally handle the transfer.

To handle the transfer of gifts, you need to pay individual income tax, deed tax and notary fees. There is no business tax rebate for gift transfer, because the gift is considered to be an act of gratuitous gift, so the donee needs to pay individual income tax, and at the same time, the gift transfer also needs to pay a notary fee.

Everyone must be thinking now, it costs money to give Wang Zi's house to his children? Nani? The answer is yes, yes, yes, and yes, and the cost is not low!

3. Handle the transfer of ownership by inheritance.

Generally speaking, children are the legal heirs of their parents' assets and can be exempted from paying 3% deed tax, which saves a lot of money compared to direct gifts.

Although the cost of inheritance is the lowest, the formalities are also the most complicated.

According to the law, there are two types of property inheritance, one is statutory inheritance and the other is testamentary inheritance. Legal inheritance means that the owner of the house has only one child, so the property will naturally be inherited to the next generation after the death of the owner. However, if the owner of the house has two or more children, it is necessary to make a will to specify which children will inherit the property, or other siblings to give up their inheritance rights, so that one of the children can enjoy the inheritance rights alone.

In terms of the payment of fees, the real estate obtained through inheritance is exempt from personal income tax and business tax, and only the notary fee and the cost of production need to be paid.

Summary: For properties within five years, it is more cost-effective to donate and transfer ownership.

According to the national policy, parents who donate real estate to their children are exempt from business tax and personal income tax, and only pay a notary fee and deed tax accounting for 2% of the total price of the house.

For properties over five years, it is more economical to buy and sell the property.

According to the national policy, if the property has been purchased for more than five years, it is exempt from business tax and personal income tax, and only needs to pay the deed tax, which is less than the gift transfer fee of a notarization.

Civil Code of the People's Republic of China

Article 657: [Definition of Gift Contract]A gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift.

Article 659: [Handling Relevant Legal Formalities for Donated Property] Where donated property needs to go through registration or other formalities in accordance with law, the relevant formalities shall be completed.

2. After the transfer of the property to the children, if the children are ready to live in the property for a long time, the inheritance method is the most cost-effective, because the inheritance method can be exempted from deed tax and personal income tax.

Although the way of buying and selling saves deed tax, the real estate bought and sold belongs to the joint property of the husband and wife, and the real estate donated belongs to the personal property of the children, so some parents would rather pay more deed tax than do the gift, so as to prevent the loss of property caused by the instability of the marriage of the children.

3. Inheritance method:

Only stamp duty is required, but this can only happen after the death of a parent. In addition, the inheritance seems to be cheap, but the procedures are more troublesome, and if the inherited house is resold in the future, the cost is also quite high.

Stamp duty payable on the sale and purchase of real estate = stamp duty.

It should be noted that, 1. If the parents inherit the house of the child, and it is not enough to meet the full five, it will be necessary to pay 20% of the individual income tax again.

2. However, there are three conditions that need to be met to inherit the property: first, it is to prove that you have the legal qualifications to inherit the property, or the legal heir, or the heir designated by will. Second, the estate should be the property that belonged to the individual during the decedent's lifetime.

Thirdly, since the estate is the joint property of all the heirs, the agreement on the division of the property needs to be agreed and signed by each heir before it can be effective.

Overall, if it is a property that is intended for long-term self-occupation, it is most cost-effective to inherit and transfer the property with the house. However, if the property is ready to be re-evaluated in the future, it is more cost-effective to buy and sell the transfer.

Which is more cost-effective for children of real estate transfer?

It can be bought and sold or gifted to transfer. If the real estate certificate has been completed for five years, the sale and transfer of ownership is cost-effective. The details are as follows:

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 value of the individual income tax alone. Therefore, it is not advisable to use gift transfer.

It is recommended to use the sale and transfer of ownership, that is, the direct transfer of the property to the son and daughter-in-law, the tax is about 8% of the tax value of the real estate (seller: 1% of the personal income tax (exempt for more than 5 years for the real estate certificate), and the exemption for the VAT real estate certificate for more than 2 years), the buyer: deed tax, and 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 houses: 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 a sales contract refers to the negotiation and signing of a contract between the buyer and the seller together with the intermediary party (if any) on the real estate, delivery method, payment method, etc.

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, which is to 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).

Tax payment transfer means: after the buyer and the seller pay their respective taxes, both parties bring their ID cards and all the invoice documents for their respective taxes and fees to the housing authority to inspect and confirm that the tax has 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.

Nowadays, housing prices are very high, and many parents will choose to leave their properties to their children through gifts and inheritances. In fact, in addition to the way of gift and inheritance, there is also a way to buy and sell the transfer of ownership can also achieve this purpose?

There are three ways to transfer a home to a child: gift, inheritance, and sale. Among them, the cost of giving is the highest, and selling it to children is the cheapest. Regarding this issue, you can consider how to transfer the house to your children after you have calculated it well.