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As a not very professional professional who has worked in real estate for two or three years, I will tell you that China's real estate taxes and fees are increasing, and I heard that now the real estate certificate has been changed to a real estate certificate, with the launch of the third phase of the tax bureau, the era of the national real estate network will slowly come, and we ordinary people are trying to save money as much as possible. Spending the least amount of money to transfer the house to your children is not to say that there is no way.
There are three ways for us to handle the transfer of real estate, one is transaction, the second is gift, and the third is inheritance.
It is not advisable to transfer the house through the transaction, because the tax on second-hand housing transactions is still relatively high, such as we stipulate here that if the transaction is less than three years from the date of obtaining the real estate registration certificate, the tax almost reaches 7% of the total price of the house, and if the transaction is more than three years, the tax is almost 2.2% of the house price, in case of high housing prices in the first-tier cities, the tax is often tens of thousands. So it's not advisable.
The more cost-effective way is to give and inherit, and gifts generally occur within family members or between relatives. For example, parents and children, grandparents and grandchildren, etc., need to be notarized, but there is no tax, only a deed tax is charged when you re-apply for the real estate certificate, and no personal transaction income tax and business tax are charged.
But one of the bad aspects of the gift is that the donee cannot transfer the house to another person. This limits the house again**.
Inheritance is more troublesome, it has a lot of procedures and it can only be done when the original owner of the house dies. This obviously doesn't fit your current situation.
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It is more cost-effective to use the method of property gifting.
At the time of the highest housing price speculation in Beijing, my mother was ready to sell a house. At that time, it was a pair of young children who were ready to take over, and later looked at their academic qualifications, one was a doctor from Tsinghua University, and the other was a master's degree from Renmin University. It's really amazing.
My mother had a lot of houses on hand at that time, so it did not meet the only policy of Beijing's Manchu Five, so if these two young couples wanted to buy a house directly from my mother, the taxes and fees they had to charge were very high. At that time, I roughly calculated that the tax on the purchase of a house that ** would collect from my mother would cost a large amount of money, and if I remember correctly, it might cost about 200,000 yuan. After that, this money will naturally be added to the amount of money for the young man's house purchase.
These two young people were naturally unwilling, so they discussed with my mother and asked my mother to take the lead in the house, hang it in my name, and then sell it.
Of course, my mother was reluctant to pay these hundreds of thousands of yuan in taxes, so she thought about it for a while and finally approved the release. That is, after the house is transferred to my name, the house will be sold to the buyer at a relatively low price.
So she consulted with the agent at that time about how to do it, and the transfer of ownership is a cheaper method. So I found a way to give. She passed the house to my name in the form of a gift, and through this gift from her immediate family, she basically controlled the tax from hundreds of thousands of yuan to fifty or sixty thousand yuan, which was a relatively cost-effective method.
However, the real estate market in Beijing was indeed very hot at that time, and in order to handle the business of gift procedures, I also went to the housing authority three or four times at that time, and in short, the procedures to be provided would be relatively cumbersome.
But ah, some people have those tens of thousands of dollars of rich capital, what is not good? After all, everyone's day is not easy, since this is the case, then it is better to save a little pass.
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What is the most cost-effective way to close a property?
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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.
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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.
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Legal Analysis: Yes. The transfer of the parents' house to the children is charged according to the normal system, and there are three main taxes: business tax, individual tax, deed tax and some miscellaneous taxes such as production costs.
Legal basis: Civil Code of the People's Republic of China
Article 659:Where it is necessary to go through registration or other formalities in accordance with law for donated property, the relevant formalities shall be completed.
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 different registration items.
Article 16 The applicant shall submit the following materials and be responsible for the authenticity of the application materials:
1) Application for registration;
2) Identification materials and power of attorney of the applicant and ** person;
4) Materials such as the site, spatial boundaries, and area of immovable property;
5) Explanatory materials on the interests of others;
6) Other materials provided for in the laws, administrative regulations and detailed rules for the implementation of these Regulations.
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The process of transferring the property to the parents.
There are two ways to handle it:
1. You and your lover need to bring the "ID Card", "Household Booklet", "Marriage Certificate", "House Ownership Certificate", "State-owned Land Use Certificate" and your parents to the local notary office with the "ID Card", "Hukou Booklet" and "Certificate of Paternity Relationship" to the local notary office to handle the notarization of the gift of house property rights, sign the "Housing Imitation Buried Property Rights Gift Contract", and then bring the above materials to the local housing property rights registration department and land management department to handle the procedures for the sale and transfer of housing property rights and land change.
The fees are as follows: notary fees; Pay according to the value of the house 1-2. assessment fees; Pay according to the assessment amount of 0 5. Deed Tax: Paid at the value of the house5. Housing title registration fee; $80 00 to pay.
2. You and your lover are required to bring the "Identity Liquid Certificate", "Household Registration Booklet", "Marriage Certificate", "Housing Ownership Certificate", "State-owned Land Use Certificate" and your parents to the local housing property registration department and land management department to go through the procedures for the sale and transfer of housing property rights and land change together with your parents.
The fees are as follows: deed tax; Pay at the value of the house1. Housing transaction fees; According to the building area of 6 00 yuan.
Housing property registration fee: 80 00 yuan to pay. The handling fee for the change of land use right is 0 5 yuan to pay.
The registration fee and the cost of land use right shall be paid at 70 00 yuan.
If the property does not need to be bought and sold again in the future, then it is better to choose to give it, so that you only need to pay: deed tax: 3 of the house payment, surveying and mapping fee:
1 36 yuan flat preparation of rice, ownership registration fee and evidence collection fee: within 150, notary fee: 0 3 room payment.
However, when you need to trade the property in the future, you need to pay a personal income tax of 20 yuan.
If the property will be sold, then you choose the transaction transfer is better, the transaction transfer only needs to pay the deed tax 1 5, surveying and mapping fee: 1 36 yuan square meters, ownership registration fee and certificate collection fee: 150 within, individual income tax 1, business tax difference 5 5.
If the transfer is made at the original price, you do not need to pay individual income tax.
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If the child transfers the house to his parents, if he or she gives the house to his parents, he or she needs to sign a contract with his parents, and then go to the public department to go through the notarization, and finally go to the real estate registration department for registration. If you want to buy and sell, you need to sign a house sales contract, and at the same time, you need to pay individual income tax and register with the real estate registration department.
The specific process of real estate gift includes:
1. Both parties to the donor go to the notary office to go through the notarization procedures for the gift and receive the notarial certificate of gift;
2. The applicant goes to the surveying and mapping office to handle area surveying and mapping or transfer, and receives the results;
3. The applicant goes to the deed tax collection window to go through the tax payment procedures and receive the tax payment certificate;
4. The applicant prepares all the materials to apply for gift registration at the receiving window;
5. The recipient will accept the case and file the case, pay the registration fee, and issue the "Real Estate Application Registration Receipt";
6. The case-handling personnel will review the materials and notify the applicant to collect the certificate at the sending window;
7. The applicant shall collect the "Real Estate Ownership Certificate" at the issuing window with the registration receipt.
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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.
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