What is the impact of the purchase contract price being lower than the actual transaction price?

The effect of the purchase contract ** being lower than the actual transaction ** is that if there is a short-term intention to sell after the purchase, then it is meaningless to make the contract ** lower; Because the contract price is lower than the transaction price, the tax can be less calculated when the property is transferred; If you buy a house to live in, it is cost-effective, because you have to pay taxes when you sell it; At most, the tax on selling the house in the future may be a little bit more.

The easiest way to solve this problem is to re-sign the purchase contract that matches the actual situation, that is, to sign a contract of 810,000 yuan. Of course, the premise is that the developer agrees. If the developer does not agree to re-sign and you want to buy the house, it is advisable to confirm with the developer what their purpose is to sign this way, and then confirm whether it is not to your advantage, such as whether there is any impact on the payment of taxes, strata fees, etc.

In addition, other influences such as: the actual price of 1.6 million, the contract price of 1.2 million, the loan: the first set:

Seventy percent of the contract price, two sets: 4 percent of the contract price, obviously, has a great impact on the loan amount. And when selling a house, the value-added part increases by 400,000, resulting in a significant increase in business tax or personal income, some people say that the tax is paid by the buyer, and the buyer is not stupid, the same house, people must buy less tax, in other words, the tax is paid by the other party, because you have more tax, which will lead to a decrease in housing prices.

Finally, if the actual payment is more than the purchase contract, you can request the cancellation of the house sale contract and demand double compensation for the loss from the other party.

Further information: Article 14 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commodity Housing stipulates that if the floor area or floor area of the housing suite delivered by the seller is inconsistent with the area agreed in the contract for the sale and purchase of commercial housing, and there is an agreement in the contract, it shall be handled in accordance with the agreement; If there is no agreement in the contract or the agreement is not clear, it shall be handled in accordance with the following principles:

1) If the absolute value of the area error ratio is within 3 (including 3), and the settlement is based on the facts in accordance with the provisions of the contract, and the buyer's request to terminate the contract shall not be supported;

2) If the area error exceeds 3 in absolute value, and the buyer's request to terminate the contract and return the purchase price and interest paid shall be supported. If the buyer agrees to continue to perform the contract, and if the actual area of the house is greater than the area agreed in the contract, the buyer shall make up the price of the house price within 3 (including 3) of the area error ratio in accordance with the agreement, and the seller shall bear the price of the house price exceeding the 3 part of the area error ratio, and the ownership shall belong to the buyer; If the actual area of the house is less than the area agreed in the contract, the seller shall return to the buyer the price and interest for the part of the area error ratio within 3 (including 3), and the seller shall return double the price of the house price for the area error ratio exceeding 3 parts.

1.The actual price is 1.6 million, the contract price is 1.2 million, the loan: the first set: 70% of the contract price, the second set: 4% of the contract price, it is obvious that it has a great impact on the loan amount.

2.When selling a house, the value-added part increases by 400,000, resulting in a significant increase in business tax or personal income, some people say that the tax is paid by the buyer, and the buyer is not stupid, the same house, people must buy less tax, in other words, the tax is paid by the other party, because you have more tax, which will lead to a decrease in housing prices.

It doesn't affect. When you sell, it's not the next house to pay!

Summary. The effect of the purchase contract ** being lower than the actual transaction ** is that if there is a short-term intention to sell after the purchase, then it is meaningless to make the contract ** lower; Because the contract price is lower than the transaction price, the tax can be less calculated when the property is transferred; If you buy a house to live in, it is cost-effective, because you have to pay taxes when you sell it; At most, the tax on selling the house in the future may be a little bit more.

Hello, I am a cooperating lawyer and it is a pleasure to serve you.

The effect of the purchase contract ** being lower than the actual transaction ** is that if there is a short-term intention to sell after the purchase, then it is of no practical significance to make the contract ** low; Because the contract price is lower than the transaction price, the tax can be less calculated when the property is transferred; If you buy a house to live in, it is cost-effective, because you have to pay taxes when you sell it; The most serious grinding is that the tax on selling the house in the future may be a little more.

Risky? It's not illegal.

It's not illegal. Okay, thank you!

Okay, thank you!

You're welcome to wish you a happy life

Legal Analysis: It is advisable to consult with the relevant authorities.

Legal basis: Article 596 of the Code of the People's Republic of China on the Civil Pi Xiang Li of the People's Republic of China: The content of the banquet stove in the sales contract generally includes the name, quantity, quality, price, performance period, place and method of performance, packaging method, inspection standards and methods, settlement methods, the words used in the contract and its effect, etc.

The housing contract ** does not correspond to the actual ** should:

1. The developer can be required to pay liquidated damages and compensate for losses, and can also require check-out to pay liquidated damages and compensate for losses;

2. The yin-yang contract is a kind of illegal behavior, which not only brings benefits to the parties, but also conceals the corresponding risks. If the seller transfers this right to the property to the buyer, and the buyer refuses to pay the purchase price according to the real contract, the two parties are prone to disputes. If the price agreed in the contract is inconsistent, in principle, it should take precedence over the principle of the contract before and after;

3. If one party does circumvent the evidence and deliberately defrauds the loan in the subsequent performance of the contract, in principle, the two parties should not determine the true change in the house price.

If the contract for the purchase of a house is inconsistent with the actual contract, in principle, the transaction shall be carried out in accordance with the contract. The contract shall come into force on the date of establishment and shall be legally binding on both parties to the contract, unless the content is legally invalid or the parties have made changes to the contract, they shall perform their obligations in accordance with the content of the contract. According to the relevant laws of China, if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Civil Code of the People's Republic of China

143 trillion feet of swift bars.

Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Negotiate a settlement. According to the provisions of the relevant laws of our country, the purchase contract is different from the contract, the two parties can negotiate to change the contract, if the reason for the difference is fraud, the buyer can apply for revocation of the purchase contract.

1. The impact of the purchase contract ** being lower than the actual transaction**.

1. If there is a short-term plan to sell after buying, then it is of no practical significance to make the contract low;

2. The contract price is lower than the transaction price, so that the taxes and fees can be less when the property is transferred;

3. If you buy a house to live in, it is cost-effective, because you have to pay taxes when you sell it;

4. At most, the tax on selling the house in the future may be a little more.

Second, the role of the purchase contract.

The purchase contract is an agreement reached between the buyer and the real estate development enterprise on the basis of equality, voluntariness and consensus on the purchase and sale of commercial housing in accordance with the provisions of the Contract Law of the People's Republic of China, the Urban Real Estate Management Law of the People's Republic of China and other relevant laws and regulations.

Its main uses include the following aspects:

1. The purchase contract confirms the relationship between the buyer and the seller. It mainly clarifies the rights and obligations between the buyer and the seller, and is the main basis for the performance of the buyer and the seller in the entire sales process.

2. It is an essential material for mortgage loans.

3. It is one of the bases for paying business tax (seller) and deed tax (buyer).

4. It is one of the documents for real estate registration and transaction procedures.

Legal basis: Article 54 of the Civil Code of the People's Republic of China Voidable ContractsThe following contracts, one of the parties has the right to request the people's court or arbitration institution to modify or revoke the following contracts:

1) It was concluded due to a major misunderstanding;

2) It is obviously unfair at the time of the conclusion of the contract.

If one party uses fraud, coercion or taking advantage of the danger of others to cause the other party to enter into a contract contrary to its true intentions, the injured party has the right to request the people's court or arbitration institution to modify or revoke it.

Where a party requests a modification, the people's court or arbitration institution must not revoke it.

Article 77 The parties to the conditions for modification of a contract may modify the contract if they reach a consensus through consultation.

Where laws and administrative regulations provide that formalities such as approval and registration shall be handled for modification of a contract, follow those provisions.