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Both buyers and sellers of a home need to pay taxes, but since it is a seller's market now, basically the seller will demand that all taxes be borne by the buyer.
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Generally in the process of buying and selling second-hand houses, both the seller and the buyer need to pay taxes, for the seller of the house, if it is not the first house under his own name, he needs to pay 1% of the individual income tax, and for the buyer, he needs to pay 1% of the deed tax, provided that the first house under his own name.
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When buying and selling a house, not both parties have to pay taxes, but those who sell yellow need to pay taxes, but now when the actual transaction is made, it really doesn't matter that the taxes are borne by the buyer.
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According to the regulations, both parties who buy and sell the house will pay taxes, but the unspoken rule of the current operation is that the buyer pays all taxes, although it is illegal, but basically acquiesce.
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Under normal circumstances, both parties have to pay taxes, the buyer pays the deed tax, and the seller pays the income tax.
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Of course, not both parties have to pay, and in general, the buyer pays the money.
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Only one party pays tax when selling a house and buying a house, so only those who buy a house pay tax, and there is no tax on selling a house.
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Yes, developers also have to pay income tax, and those who buy houses have to pay real estate deed tax. Both are subject to tax. But the money paid is not the same.
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How is the agreement between the two parties signed? If the agreement signed by two people is paid by the seller, it is the sale of the house, and the buyer generally pays the tax.
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Do both buyers and sellers have to pay taxes According to Wang Wu, the transaction contract is generally borne by the buyer, and the transaction tax.
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The seller is not required to pay tax if he or she is over 5 years old.
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When it comes to buying a house, taxes and fees are generally negotiated.
Personal income tax: 1% from the seller (exempted for five years);
Deed tax: 1% below 90 square meters; 90 square meters - 144 square meters; 144 square meters or more 3%; Buyer out;
Business Tax: Seller's Out;
Transaction fee: area * 6 yuan for buying and selling, half of both parties;
Production cost: 80 yuan for buyers;
Taxes on home purchasesHandling fee for house sale: 1,000 yuan for less than 120 square meters, 3,000 yuan for more than 120 square meters, half of which is borne by the buyer and seller.
Apply for property rights and taxes.
Housing property registration fee: yuan square meter (construction area).
Land use right registration fee: to yuan square meter (floor area) house ownership certificate: 5 yuan.
Stamp duty on house ownership certificate: 5 yuan.
State-owned land ownership certificate: 20 yuan.
The above content reference: Encyclopedia - Taxes and Fees for Buying a House.
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What taxes do I have to pay to sell a house? These include 1. Deed tax (paid by the seller, the family buys the first or second house of less than 90 square meters according to 1% of the transaction price, the family buys the first house of more than 90 square meters, it is charged according to the transaction price, the family buys the second house of more than 90 square meters according to 2% of the transaction price, and the family buys more than three houses, pays 3% of the transaction price) 2. Value-added tax (exempted for two years, and paid according to the transaction price if the purchase time is less than 2 years), land appreciation tax (temporarily exempted for housing) 4, Individual income tax (if the original invoice is provided, it will be based on (transaction price - related cost)*20%; If the original purchase invoice is not provided, it shall be paid at 1% of the transaction price; If the house is acquired through inheritance or donation, the individual income tax shall be based on the proportion of inheritance and gift * (transaction price - related costs) * 20%; **Families who have purchased the house for more than 5 years are exempt from personal income) stamp duty (temporary exemption for housing) and house ownership certificate are levied at 5 yuan per piece.
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1. To buy a house, you need to pay deed tax, stamp duty, house maintenance**, property management fee, ownership registration fee and transaction fee.
2. If the house is sold to the buyer through an intermediary, then the intermediary will ask the buyer for a handling fee, and the tax will also be borne by the buyer. There are no fees for sellers. If it is an individual transaction, the seller needs to pay business tax and personal income tax of 1%, and the real estate certificate is not required to pay any tax for five years.
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Taxes and fees that the seller needs to pay when selling the house:
1.Sales tax.
According to the relevant provisions of the "Implementation Opinions on Implementing the Spirit of Document No. 131 of 2008 issued by the State Council to Promote the Healthy Development of the Real Estate Market in the City", from January 1 to December 31, 2009, if an individual transfers and purchases a house for more than 2 years (including 2 years), ordinary housing is exempt from business tax, and non-ordinary housing is subject to business tax according to the difference between the transfer income and the purchase price of the housing; If an individual transfers a house purchased for less than 2 years, the business tax shall be levied on the difference between the transfer income and the purchase price of the ordinary house, and the business tax shall be levied on the full amount of the transfer income for non-ordinary housing. (The business tax rate is.)
2.Personal income tax.
According to the Notice of the Beijing Local Taxation Bureau and the State Administration of Taxation on Issues Concerning the Levy of Individual Income Tax on Income from the Transfer of Individual Housing, the individual income tax shall be levied at 20% of the difference in the price of the housing transfer; If the taxpayer fails to provide complete and accurate relevant vouchers and cannot correctly calculate the tax payable, it can adopt verification and taxation. The approved levy rate will be implemented at 1% for the time being. Individual income tax is exempted on income obtained from the transfer of a house for personal use for more than 5 years and as the sole living house of the family.
After reviewing the contents of the taxpayer's declaration, the tax authorities shall go through the tax exemption procedures in a timely manner.
3.Stamp duty.
According to the "Several Opinions on Promoting the Stable Development of the Real Estate Market in the City", stamp duty is temporarily exempted on the sale or purchase of housing by individuals.
4.Land Appreciation Tax.
According to the "Several Opinions on Promoting the Stable Development of the Real Estate Market in the Municipality", the sale of housing by individuals is temporarily exempted from LAT levy.
Taxes and fees that the buyer needs to pay when buying a house:
1.Deed tax 3%.
Since the current preferential policies on deed tax are for individuals, the unit should still pay 3% of the transaction price.
2.Stamp duty.
Payment according to the transaction price.
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Legal analysis: The taxes and fees that need to be paid for the transaction are: deed tax and stamp duty (buyer), business tax and individual income tax (macro seller), transaction fee (half each), and public maintenance** depends on the agreement between the two parties.
In general, all taxes are paid by the buyer and given by the seller**.
Legal basis: Civil Code of the People's Republic of China
Article 961:An intermediary contract is a contract in which the intermediary reports to the client the opportunity to conclude the contract or provides intermediary services for the conclusion of the contract, and the client pays remuneration.
Article 962: The intermediary shall truthfully report to the client about matters related to the conclusion of the contract. Where an intermediary deliberately conceals important facts related to the conclusion of a contract or provides false information, harming the interests of the client, it must not request payment of remuneration and shall bear the liability for compensation.
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When buying and selling a second-hand house, both the buyer and the seller have to pay taxes. The types of taxes and fees include deed tax, business tax, land and land value-added tax, personal income tax, and so on. The deed tax needs to be borne by the buyer, and the business tax, land appreciation tax and personal income tax need to be borne by the seller.
Articles 3, 4 and 5 of the Provisional Regulations of the People's Republic of China on Real Estate Tax.
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Legal Analysis: Buying a House and Paying Taxes:
1. Value-added tax (about the price of the house, exempted for two years), paid by the original owner.
2. Individual income tax (20% of the difference in the price of the house or 1% of the house price, the only house of the family can apply for tax exemption), paid by the original owner.
3. Deed tax (less than 90 square meters is the house price, less than 144 square meters is 3% of the house price, and the relevant preferential procedures should be handled), the buyer pays.
4. The house transfer registration fee is 80 yuan, which is paid by the buyer.
5. Housing transfer registration fee (transfer fee, cancelled in some areas) (3-4 yuan square meters for residential buildings, 10 yuan square meters for non-residential buildings), paid by both buyers and sellers.
6. Special maintenance of housing ** (the deposit amount of the first phase of special maintenance funds is: multi-storey residential buildings below 7 floors, without elevators) 60 yuan square meters; Multi-storey residential buildings equipped with elevators) 90 yuan square meters; Small high-rise and high-rise residential buildings with more than 7 floors, including 7 floors of 145 yuan square meters. );If the original owner has already handed it over, it can be transferred to the buyer's name.
Buyers who have already paid by the original owner may not pay it, otherwise they should pay it back.
7. Land income (housing reform housing, affordable housing, and affordable housing are in order, and commercial housing does not pay this fee). Paid by the original owner.
Legal basis: Law of the People's Republic of China on the Administration of Tax Collection
Article 1 This Law is enacted for the purpose of strengthening the administration of tax collection, standardizing the collection and payment of taxes, safeguarding state tax revenues, protecting the legitimate rights and interests of taxpayers, and promoting economic and social development.
Article 2 This Law shall apply to the collection and administration of all kinds of taxes levied by the taxation authorities in accordance with the law.
Article 3 The levy and suspension of taxation, as well as tax reduction, exemption, tax refund and tax compensation, shall be carried out in accordance with the provisions of the law; Where the law authorizes ***, it shall be implemented in accordance with the provisions of the administrative regulations formulated by ***.
No organ, unit, or individual may violate the provisions of laws and administrative regulations by making decisions on tax collection, suspending, tax reduction, tax exemption, tax refund, tax compensation, or other decisions that contradict tax laws and administrative regulations.
Article 4 Units and individuals that are liable to pay taxes as stipulated by laws and administrative regulations are taxpayers.
Units and individuals that are required by laws and administrative regulations to withhold and remit, collect and remit taxes are withholding agents. Taxpayers and withholding agents must pay, withhold, collect and remit taxes in accordance with the provisions of laws and administrative regulations.
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