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The transfer fee is the lowest, which is about 6% of the tax return price (i.e. the transfer price of the property you 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 advisable to use the sale and purchase transfer, i.e. the transfer of the property directly from the parents to the children. The tax is about 8% of the declared tax price (seller: 1% of personal income tax (exempt for real estate certificates greater than 5 years), business tax for real estate certificates greater than 5 years), buyer:
Deed tax and other transfer taxes are about hundreds, and the above tax points are calculated as ordinary residences of less than 144 square meters).
If the transaction is transferred after five years, there is no need to pay individual income tax, only the deed tax is paid, and other transfer taxes 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 invoices and documents of their respective taxes and fees to the housing authority to check 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.
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Different places, go to the housing department to ask, you can find the local housing department online.
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Look at how old your house is and how big it is.
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Gift transfer: Although this transfer method sounds like saving money, it will incur a lot of costs when handling it, because it has to bear different costs such as personal income tax, deed tax and notary fees, and the transfer fee of a set of 2 million real estate will cost about 80,000 yuan.
Sale and transfer: Sale and transfer is also handled when he is alive, which is actually a more common way of transfer, which is equivalent to parents directly "selling" the house to their children, in this way you can save a lot of taxes and fees, but this also needs to be established under a certain premise, that is, the real estate certificate is 5 years old and is the only set.
Because if the house is less than 2 years old, you will have to pay VAT and additional tax, and if your parents have more than this property, you also need to pay personal income tax. Although there are various fees that need to be charged, it is actually relatively cost-effective compared to the gift transfer.
If the heir does not have a house in his name, the inheritance transfer is the most cost-effective.
Inheritance transfer: This transfer method can only take effect after the death of the parents, compared with the first two transfer methods, this method needs to spend the least amount of money, only need to pay notary fees and registration fees, 1,000 yuan or even 100 yuan can be completed.
Article 366 of the Civil Code stipulates that the owner of the right of residence has the right to occupy and use the usufructuary right of another person's residence in accordance with the contract, so as to meet the needs of life and residence.
The above content reference: Pingliang City People** - "Civil Code" Interpretation 39: Real Estate Transfer.
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There are two ways to transfer, one is the gift transfer, the second is the sale and transfer, if the transferee of the property intends to transfer in the future, it is recommended to buy and sell the transfer, the immediate family members are exempt from business tax, income tax, deed tax, the cost of production is still to be paid, the gift transfer also needs to go through notarization procedures, and the future transfer needs to pay 20% of the total price of income tax. To handle the transfer, the buyer and the seller and the husband and wife need to be present in person, bring the real estate certificate, ID cards of both parties, household registration, and marriage certificates, go to the housing authority to check the file (verify whether the buyer has more than two houses), evaluate the pricing, and then sign a sales contract for the record, pay the relevant taxes and fees, and then handle it with the file check, payment voucher, and the above materials.
The following are the fees for the sale and transfer of second-hand houses, please refer to:
1. Deed tax (paid by the buyer): ordinary residential buildings are levied according to the purchase price; The first house below 90 square meters is levied at 1% of the purchase price; Non-ordinary residences or more than two sets of properties are levied at 3-4% of the purchase price (ordinary residences should meet three conditions at the same time, and the building floor area ratio of the residential community is below that; The construction area of a single set is less than 144 square meters; The actual transaction** is lower than the average transaction of residential properties on the same level of land** times for ordinary residences, otherwise it will be treated as non-ordinary residences. );
2. Business tax (paid by the seller): the real estate certificate has been obtained for less than 5 years, and the non-ordinary residential property that has obtained the property ownership certificate for 5 years is levied according to the difference, and the ordinary residential property has been exempted for 5 years;
3. Individual income tax (paid by the seller): charged at 1% or 20% of the transaction difference; (The only ordinary housing for 5 years is exempted).
4. Transaction fee: 6 yuan square meters, both parties pay half;
5. Registration fee: 80 yuan, to be paid by the buyer.
6.The house** must be identified by the appraisal agency designated by the local housing management department, and you also need to pay an appraisal fee of several hundred yuan.
7.If you are trading through an intermediary, you also need to pay a certain intermediary fee, which requires you to consult the relevant intermediary company as the fees of each intermediary company are currently different.
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Inheritance, buying and selling, and gifting.
Children obtain real estate through inheritance, and after 5 years of real estate certificate, if they re-enter the property, they can be exempted from personal income tax and business tax at the same time, and only need to pay a small transaction fee.
In the case of buying and selling, the cost is similar to that of a gift, and the deed tax is also payable.
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Because your real estate certificate was only issued last year, it is recommended that you go for gifting. As for the fact that it is expensive to sell it after gifting, you still have to consult the local housing authority, I am from Shandong Province, and we do not have the saying that we will pay more taxes if we sell it after gifting.
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Legal Analysis: 1. Deed Tax: Ordinary Residential: Appraisal Price; If it's a first-time buyer, it's 1%.
2. Personal income adjustment tax: (appraisal price - original purchase price) 20%.
3. Business tax: your house is less than 144 square meters and has been purchased for less than five years: (appraisal price - original purchase price);
4. Real estate transaction fee: the building area of the house is 6 yuan square meters.
5. Stamp duty: appraisal price
6. The cost of the real estate certificate: 85 yuan.
7. The cost of land certificate: 105 yuan.
8. Transaction appraisal disturbance fee: appraisal price
The first taxes and fees are generally the same as those stipulated by the state, but there will be some small discrepancies in the latter items, and if the transaction is made through an intermediary, the intermediary fee should be paid.
Legal basis: Article 8 of the Interim Regulations on the Registration of Immovable Property shall be registered with the immovable property unit as the basic unit. Real estate units have a unique code.
The immovable property registration agency shall, in accordance with the provisions of the competent department of land and resources, establish a unified immovable property register.
The immovable property register shall record the following matters:
1) The location, boundaries, spatial boundaries, area, and use of the immovable property;
3) Matters involving restrictions or reminders of immovable property rights;
4) Other related matters.
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Legal Analysis: Gift Transfer: Although this transfer method sounds like saving money, it will incur a lot of costs when handling it, because it has to bear different costs such as personal income tax, deed tax and notary fees, and the transfer fee of a set of 2 million real estate will cost about 80,000 yuan, and with the appreciation of the house, the fees that need to be paid when going through the transfer procedures will also increase.
Legal basis: Article 8 of the Interim Regulations on the Registration of Immovable Property Immovable property shall be registered with the immovable property unit as the basic unit. Real estate units have a unique code.
The immovable property registration agency shall establish a unified immovable property register in accordance with the provisions of the competent department of land and capital services. The immovable property register shall record the following matters: the town key.
1) The location, boundary, spatial boundaries, area, use and other natural conditions of the immovable property;
3) Matters involving restrictions or reminders of immovable property rights;
4) Other related matters.
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1. Handle the transfer of house property rights according to the gift of house property rights
1. Required materials:
Parents bring "ID card", "household registration booklet", "marriage certificate", "house ownership certificate", "paternity certificate" and children bring "ID card", "household registration booklet" and "marriage certificate" to the local notary office to notarize the "house property right gift contract", and then bring the above procedures to the local housing property registration department to go through the house property right transfer procedures, and transfer the house property right to the name of the child.
2. Expenses required for transfer:
1) Notary fee: 2% of the house price, 2) Appraisal fee: pay according to the house price.
3) Deed tax: 3% of the house price.
4) Land value-added tax: 1% of the house price.
5) Income tax: 1% of the house price.
6) Housing property registration fee: RMB.
2. Handle the transfer of ownership according to the sale and purchase of the house
1. Required materials:
Parents bring "ID Card", "Household Booklet", "Marriage Certificate" and "House Ownership Certificate" and children bring "ID Card", "Hukou Booklet" and "Marriage Certificate" to the local housing property registration department to go through the procedures for the transfer of housing property rights, and transfer the property rights of the house to the names of the children.
2. Expenses required for branch extinction:
1) Deed tax: 1% for the first trip with a purchase of less than 90 square meters: 90-140 square meters according to the house price: more than 140 square meters according to the price of 3%.
2) VAT: the tax rate, which is paid by the seller. If it is a non-ordinary residential property that has been purchased for more than 2 years or an ordinary residential property that has been purchased for less than 2 years, VAT shall be levied according to the difference between the two transactions; If you transfer** an ordinary dwelling that has been purchased for more than 2 years, it is exempt from VAT.
3) Land Appreciation Tax: Exemption for five years of acquisition of house property rights, and 1% of the house price for less than five years.
4) Income tax: Exemption for five years of acquisition of house property rights, less than five years of payment at the rate of 1% of the house price or 20% of the original value of the house or the difference between the current value of the house. (The original value of the house is generally calculated according to the tax paid amount of the previous deed tax).
5) Housing transaction fee: according to the building area of 6 yuan square meter.
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A collapse celebration) according to the house property gift for the transfer of housing property:
Closing Fees:
1) Notary fee: paid according to the house price 2, 2) appraisal fee: paid according to the house price 0 5.
3) Deed tax: paid according to the house price of 3 regiments.
4) Land value-added tax: 1% of the house price.
5) Income tax: pay according to the house price 1 (6) Housing property registration fee: 100 00 yuan.
2. Handle the transfer of ownership according to the sale and purchase of the house
Closing Fees:
1) Deed tax: 1 for the first time buyers of less than 90 square meters: 90-140 square meters according to the house price 1 5: more than 140 square meters according to the house price 3.
2) Business tax: The property is exempted for five years, and the house price is paid according to the house price 5 5 for less than five years.
3) Land Appreciation Tax: Exemption for housing property acquired for five years, and payment according to the house price1 if it has not exceeded five years.
4) Income tax: The property is exempted for five years, and the difference between the original value of the house and the present value of the house is 20 if it is not more than five years. (The original value of the house is generally calculated according to the tax paid amount of the previous deed tax).
5) Housing transaction fee: according to the building area of 6 yuan square meter.
6) Housing property registration fee: 100 00 yuan.
7) Housing appraisal fee: pay according to the appraisal amount 0 5.
3) Handle the transfer of ownership according to the inheritance of real estate
Closing Fees:
1) Notary fee: paid according to the house price 2, 2) Appraisal fee: paid according to the house price 0 5.
3) Stamp duty: 0 05 of the appraised value of the house is paid.
4) Land value-added tax: 1% of the house price.
5) Housing property registration fee: 100 00 yuan.
There are three main ways to transfer ownership, and the transfer fee calculation method for each type is also different.
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