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1. There are three main ways for parents to transfer real estate to their children: "inheritance", "gift" and "sale", all three of which have their own advantages and disadvantages, and the costs required are also different. If the parents are still alive, the property can only be transferred to the children by "gift" or "sale".
2. If the house is within five years** and you choose to donate it, you need to levy 20% of the transfer income minus reasonable expenses, and you must also pay the business tax on the transfer income; If you choose to buy and sell, you need to pay the business tax on the value-added part; If you choose to inherit, you need to pay 1% personal income tax and business tax. 3. If you choose to donate a house for more than five years, you can be exempted from business tax and personal income tax, and only need to pay a small handling fee; If you choose to buy and sell, you only need to pay a small transaction fee; If you choose to inherit, you will be exempt from personal income tax and business tax at the same time, and you only need to pay a small transaction fee. Hint:
Transfer Fee:
For the transfer of ownership of the house within the year, the seller needs to pay personal income tax. It is not required for more than 5 years.
2. The handling fee of RMB square meter (charged by the housing authority) to be paid for the first transfer of ownership (collected by the housing authority).
4. The housing appraisal fee is charged according to 5 of the total price after the appraisal (collected by the appraisal firm) 5. The notary fee is up to 300 yuan, and the cost of urban and rural areas is the same according to the regulations.
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If the parents' house is to be transferred to the children by way of sale, the children must pay the money. Maybe the price was cheaper when the parents bought the house, but when they bought the house, they had to give a higher price than the original. Because under legal transactions, some notary offices will also send people to supervise.
They will also ask the tenants to pay some taxes and fees, hoping to make a profit from them. If parents want to make an agreement with their children in private, it is best to make a gift. Because only if you turn a regular will you not pay a lot of money, it is also very good for two people to trade privately.
If you want to mortgage or buy or sell real estate, you must apply for it together. Two people must bring their respective ID cards and household registration books at the same time of application, so as to prevent changes in the processing time. After the application, the notary office will screen the information of the two people to see if they want to change the house or sell it.
If either party disagrees with the sale, the application may be withdrawn. <>
When the parents' property is old, it will definitely be their children, and they want to sell the house in the hope that they can have money to live a good life. Because some children don't care about their parents' lives or dead after their parents are old. Leaving the old man alone in the house to fend for himself can be imagined how cruel it is.
They don't want to leave their property to their children in vain, thinking that they can exchange some money to live the life they want to live. <>
In general, parents work hard to raise their children, in order to be able to have a support when they are old. Children should not treat their parents in an indifferent way, and must support them. Because when the child is young, parents save food and drink, hoping to provide the best life for their children.
There is always a reward for the effort, and children who are good to their parents will also choose to leave everything to their children. Everyone must learn to be filial and let their parents have something to rely on.
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Of course, the children need to give money, and the parents still need the money to live, and the parents sell the house to the children, so that they can also save a lot of taxes.
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If the transfer is made to the children in this form, the children do not need to pay money, but they need to pay for some taxes and necessary contributions.
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Yes, you have to pay for it. The children and their wives should bring the "ID card", "household registration booklet", "marriage certificate", "house ownership certificate" and "paternity certificate" and the parents should bring the "ID card", "household registration booklet" and "marriage certificate" to the local notary public to apply for the notary office notarization of the "Housing Property Gift Contract", and then bring the above procedures to the local housing property registration unit to apply for the transfer of house ownership, and change the name of the housing real estate certificate to the child's household. The taxes to be paid for the "gift" of real estate include real estate deed tax, notary fees and appraisal fees.
The most important of them is the real estate deed tax, which is 3% of the appraised price of the property, which is generally 3% of the ****. At this stage, the market price is 1.2 million yuan, and the real estate deed tax is more than 10,000 yuan. If the child sells the house after 5 years of ownership certificate and is the only house, he can be exempted from VAT and individual income tax, and only need to pay a small service fee.
If the child has been in the house for less than 5 years after the gift, or the child has several sets of property management, according to the current operation method, the child can only pay the individual income tax according to the actual collection.
That is, 20% is levied after deducting the effective expenses from the transfer income, and at the same time, the value-added tax on the transfer income needs to be paid. Assuming that the children sell the property for more than 1.5 million yuan in the future, the total tax that the father and daughter must pay in the case of two transfers is likely to reach more than 400,000 yuan. Article 61 of the "Urban Real Estate Management Law" stipulates that when real estate is transferred or changed, it should apply to the people's ** real estate management unit of the city at or above the county level for the record of real estate change.
And with the real estate property right certificate before the change, apply to the People's Land Bureau of the Ping-level City for the industrial and commercial change of the land use right certificate, and after verification by the People's Land Bureau of the Ping-level City, the people's Land Bureau of the Ping-level City will replace or change the land use right certificate. Parents whose house is sold to their children must pay. Parents and children are expected to sign a transaction transfer agreement, and both parents must sign the joint property; After submitting the application materials, go to the housing authority to fill in the content and total amount of the contract; The housing authority will give a receipt and pay taxes and fees; The buyer and seller shall apply for the record of property right change at the real estate transaction management department.
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From the perspective of the transaction process of house sales, whether children give money to their parents or not, and there are no mandatory requirements, does not affect the transfer of real estate.
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There is no need to give money, because most parents will not ask their children for money, and this way of transferring ownership is also a relatively simple process.
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The parents' house is transferred to the children by way of sale, and the children must need to give money, because it is a buyer and seller, not a gift relationship.
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It is okay for parents to sell their house to their children for 1 yuan, but the prerequisite for parents to sell the house to their children for 1 yuan is that both parents and children belong to persons with civil capacity. Secondly, due to the special family relationship between parents and children, the transaction of 1 yuan has the reasonableness of the true intentions of both parties. Third, there are no laws or administrative regulations prohibiting the purchase and sale of houses for 1 yuan, and there is no problem of violating public order and good customs.
Therefore, as long as both the parents and the children belong to the persons with civil capacity, the parents' house can be sold to the children for 1 yuan.
However, it should be noted that although the ** of the transaction is 1 yuan, it is not possible to pay the tax with the ** of 1 yuan. Although the sale and transfer of ownership needs to be taxed according to the market price, as long as the house has been completed for two years, only the deed tax and individual income tax need to be paid, as long as the children are not three or more houses, the tax required for the sale and transfer will not be higher than the gift. If you choose to transfer the property by gift, when it changes hands in the future, there will be a difference of 20% or 20% of the direct personal income tax.
Therefore, all things considered, the transfer of parents' real estate to their children is a relatively more cost-effective way.
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Summary. Hello, dear, I am happy to answer <> for you, according to your question, the result of your analysis from a legal perspective is as follows: the parents' house is transferred to the children by way of sale, and the children need to pay money. But there's no hard and fast rule that you have to give.
If the parents' house is transferred to the children by way of sale, do the children need to pay money?
Hello, dear, I am happy to answer <> for you, according to your question, the result of your analysis from a legal perspective is as follows: the parents' house is transferred to the children by way of sale, and the children need to pay money. But there's no hard and fast rule that you have to give.
Legal analysis: From the perspective of the transaction process of house sales, whether children give money to their parents or not is not a mandatory requirement, and it does not affect the transfer of real estate, as long as the contract, online signing, tax payment, and transfer registration are completed in accordance with the standard process. If the parents and children are fully in accordance with the contract, the parents give the house and the children give the money, there is no discussion here, and the two parties are normal transactions.
If the parents do not explicitly declare that it is a gift (the tax rate of the gift is different from the sale), the unpaid purchase price will be regarded as the child's debt to the parents. Parents and children shall sign a contract of sale and transfer, and both parents need to sign for the joint property; After submitting the application materials, go to the real estate bureau to fill in the ** and stock contract; The real estate bureau will give a receipt and pay taxes and fees; Both parties to the transaction shall register the change of property rights with the real estate transaction management department.
Legal basis: Article 221 of the Civil Code of the People's Republic of China If a party signs an agreement on the sale and purchase of a house or an agreement on other real estate rights, in order to ensure the realization of real rights in the future, it may apply to the registration authority for advance notice registration in accordance with the agreement. If, after the advance notice is registered, the immovable property is disposed of without the consent of the right holder of the advance notice registration, the real right shall not take effect.
After the advance notice is registered, if the creditor's right is extinguished or the application for registration is not made within 90 days from the date on which the immovable property can be registered, the advance notice registration shall become invalid.
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