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Hello, if you change the name of the sale, how much money depends on the market of your house, the tax is based on the normal house price in the market, and it depends on the property owned by the buyer and the seller. If the ** party (including the spouse) has two properties, the house cannot be purchased.
If it is an ordinary house, that is, the area is less than 140 square meters, and the normal market price is less than 3.3 million within the inner ring, less than 2 million between the inner and outer rings, and less than 1.6 million outside the outer ring. If there is a house, the deed tax will be 3% regardless of the size.
If it is a non-ordinary residence, it meets the business tax that is more than 140 square meters or the total price is exceeded.
In addition, the way in which the previous family acquires the property will also affect the tax, for example, if it is acquired by gift or inheritance, it will have an impact on the tax.
The procedure is that both the upper and lower families are present, bring the property certificate ID card, the deed tax invoice and other relevant bills when the property is bought, and the next family must also bring the marriage certificate or single certificate and other documents, first go to the trading center to make a sales contract, and then pay the tax, and then you can trade the property exchange certificate. Hope!
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You can give it away, but it's not easy to sell this house again, and the tax is very high.
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It's a hassle to find a real estate agent.
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Legal analysis: The names of two people are on the real estate certificate, and the identities of the two people are different, and the procedures required to change the name of one person are also different. 1. If the loan is not paid off, there is no way to transfer it temporarily, and the bank loan must be settled, 2. The loan is settled and the other person goes to the housing authority to explain that the ownership rights are all owned by the other party.
Legal basis: "Housing Registration Measures" Article 37 To apply for registration of change of ownership of a house, the following materials shall be submitted: (1) an application for registration; (2) Proof of the applicant's identity; (3) Housing ownership certificate or real estate right certificate; (4) Materials proving the fact that the change occurred; (5) Other necessary materials.
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1. Non-husband and wife relationship.
There are two ways to remove a person's name from the real estate certificate: one is to take the way of transfer gift, and the other is to take the way of transfer and sale.
The method of transfer and gift should be notarized at the notary office, and the method of transfer and sale does not need to be notarized. Both methods have to pay a certain real estate certificate registration fee and real estate transfer fee, the registration fee is 80 yuan, the handling fee gift method is calculated at 2 yuan per square meter, and the purchase and sale method is calculated at 6 yuan per square meter. In addition, both the sale and gift of a house are subject to taxes.
Under normal circumstances, the materials that need to be brought to the transfer are: ID cards and copies of both parties, relevant materials when handling the property at the beginning, and proof of the transferor's marital status. Whether it is a gift or a sale, both parties must be present or have the principal present.
2. Husband and wife relationship.
The premise of the renaming procedures for the real estate certificate of the husband and wife is that the house ownership certificate has been obtained, and both husband and wife need to be present at the same time to fill in the "Application for Housing Ownership Registration", and the specific documents submitted are different due to the different nature of the house, and the specific information submitted is as follows:
1) House ownership certificate.
2) An agreement between the husband and wife to jointly share a house.
3) Copies of ID cards of both husband and wife (check the original).
4) A copy of the marriage certificate (original to be verified).
5) If it is a house to be renovated, it is necessary to provide a certificate of the original selling unit, stating that the name of the property owner is allowed to be changed to the spouse due to heating reasons; In the case of commercial housing or affordable housing, both husband and wife should write an application for change and briefly indicate the reason.
6) Provide a copy of the original purchase contract for housing reform (check the original).
7) A copy of the attached drawing and registration form of the house ownership certificate. If there is no picture in the certificate, it may not be provided, and the name of the original property owner shall not be copied in the registration form.
--Shanghai Elite Real Estate.
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If the couple becomes one, there is no need to pay taxes.
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Two cases:1The loan is not bai
Pay it off, then there is no way to transfer it for the time being, and you must settle the loan of the bank dao before you can transfer it. 2.If the loan is settled, then you have the right to go to the real estate bureau to go through a small property procedure, and the other person will give up all property rights, and all property rights will be owned by the other party! The premise must be that the loan has been settled!
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Legal analysis: the real estate certificate is the name of two people, to change to the name of one of the people, some banks need to settle the loan, release the mortgage, otherwise it cannot be changed to the name of one person; Wang Sheng is required to submit to the real estate registration center an application for registration, an ID card, a certificate of ownership of the house and a certificate of ownership of the shed, and materials proving the fact of the change, including an assignment agreement or a gift agreement.
Legal basis: "Housing Registration Measures" Article 37 To apply for registration of change of ownership of a house, the following materials shall be submitted: (1) an application for registration; (2) Proof of the applicant's identity; (3) Housing ownership certificate or real estate right certificate; (4) Materials proving the fact that the change occurred; (5) Other necessary materials.
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Legal Analysis: Yes, similar to the transfer of shares, the process is similar to the normal sale of a house, and the deed tax on the share needs to be paid. The reduction of the name between parents and children is also regarded as a sale transaction, and deed tax is charged.
If the real estate certificate has been processed for less than 2 years, you also need to pay the full business tax. There is no deed tax charged for adding or removing names between husband and wife.
Legal basis: Deed Tax Law of the People's Republic of China
Article 1 Units and individuals who transfer the ownership of land or houses within the territory of the People's Republic of China are taxpayers of deed tax and shall pay deed tax in accordance with the provisions of this Law.
Article 2 The term "transfer of land and housing ownership" as used in this Law refers to the following acts: (1) the transfer of land use rights; (2) Transfer of land use rights, including **, gifts, and exchanges; (3) Sale, gift, and exchange of houses. The transfer of land use rights in item (2) of the preceding paragraph does not include the transfer of land contract management rights and land operation rights.
Where the ownership of land or houses is transferred by means of investment (shareholding), debt repayment, transfer, reward, etc., deed tax shall be levied in accordance with the provisions of this Law.
Article 3 The deed tax rate shall be 3 to 5 percent. The specific applicable tax rate of deed tax shall be proposed by the people of provinces, autonomous regions and municipalities directly under the Central Government within the range of tax rates specified in the preceding paragraph, and shall be reported to the Standing Committee of the People's Congress at the same level for decision, and shall be reported to the Standing Committee of the National People's Congress and the People's Congress for the record. Provinces, autonomous regions, and municipalities directly under the Central Government may, in accordance with the procedures provided for in the preceding paragraph, determine differential tax rates for the transfer of ownership of different entities, different regions, and different types of housing.
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If the name is changed, it will be regarded as a sale of the house, and it can also be regarded as a transfer of ownership. You will need to go to your local real estate center and pay the following fees:
1. Transaction fee per square meter.
2. For less than 5 years, the business tax plus 1% tax adjustment (the time period from the date of issuance of the property certificate to the transaction date has not ended), and it is not required for 5 years.
3. Stamp duty of 5/10,000.
This contract, each about 5 yuan (the same as the stool in the trading center of each district).
5. The man transfers 50%, and all taxes are calculated according to the market**, if the tax value of the house is 1 million, it is 500,000.
6. If there are several people on the property certificate who transfer, the rights and interests of the property certificate shall be divided equally.
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Legal analysis: The name on the purchase contract and the real estate certificate must be consistent, but the real estate certificate can be transferred or added after the real estate certificate is processed, taking the name on the real estate certificate as an example
1. Gift: Go to the notary department to handle the notarization of the gift of the house, then go to the finance and taxation department to go through the tax payment or tax exemption procedures, and then go to the surveying and mapping department of the Land and Housing Administration Bureau to issue the surveying and mapping drawings, and finally apply for the registration of real estate rights with the real estate registration application, tax payment or tax exemption certificate, surveying and mapping drawings, the original real estate right certificate, the gift notarial certificate, the identity certificate and other materials.
2. Sale: You can apply for real estate right transfer registration at the transaction registration department of the Land and Housing Administration Bureau with the application for real estate transfer registration, the real estate sales contract, the surveying and mapping drawings issued by the real estate surveying and mapping department, the original real estate right certificate, identity certificate and other materials.
3. Property analysis: You need to go to the notary department to go through the notarization procedures for the husband and wife of the house, then go to the finance and taxation department to go through the tax payment or tax exemption procedures, and then go to the surveying and mapping drawings issued by the surveying and mapping department of the Municipal Land and Housing Management Bureau, and finally hold the real estate registration application, tax payment or tax exemption certificate, husband and wife property separation agreement, surveying and mapping drawings, original real estate right certificate, identity certificate and other materials, and then apply for housing property analysis registration at the transaction registration department of the Land and Housing Management Bureau.
Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 60 To obtain land use rights by way of transfer or allocation, you shall apply for registration with the local people's land management department at or above the county level, and the local people's land management department at or above the county level shall verify that the land use right certificate shall be issued by the people at the same level.
If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate. When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level.
Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.
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