A new policy for the transfer of property between brothers

Immediate family members, including grandparents, parents and siblings, who go through the real estate transfer procedures through gift, can be exempted from paying deed tax and personal income tax, and the transfer fee is very low.

The new policy for the transfer of real estate between brother and sister is as follows:

1. Among them, the transferor of the gift is exempt from business tax and income tax, but shall pay the cost of the certificate, go through the notarization procedures, and if it is transferred later, it shall pay 20% of the income tax;

2. For the change of name of the sale, both parties must pay tax, and even if the tax is not paid within 5 years of the name change of the real estate certificate, the contract tax must be paid.

1. The process of house transfer is as follows:

1. Mutual establishment and signature of the parties;

2. You need to prepare your application materials, and then go to the real estate bureau as soon as possible to fill in some ** and a stock contract;

3. To submit the application materials for the transfer of their real estate to the Real Estate Bureau, which is necessary for review and review, at this time the Real Estate Bureau will give a receipt form, and the tax must be paid according to the date stated on the receipt form, which generally takes about 15 working days;

4. You can get the real estate certificate after the real estate transfer tax is paid.

2. The materials required for the transfer of the house are as follows:

1. Application form for real estate transfer registration;

2. Proof of identity of the applicant;

3. Certificate of real estate rights;

4. The administrative decision of the relevant administrative organ, the real estate sales contract, or the notarized real estate gift letter, or the notarized real estate inheritance certificate, or the real estate exchange agreement, or the real estate division agreement.

To sum up, the new policy of brother and sister real estate transfer has one of the side, the gift transferor is exempt from business tax and income tax, but should pay the cost of the certificate, go through the notarization procedures, and if the transfer is made later, 20% of the income tax shall be paid; Both parties must pay tax for the name change of the sale, and the contract tax must be paid even if the tax is not paid within 5 years of the name change of the real estate certificate.

Legal analysis: the latest real estate transfer policy immediate family members, that is, relatives of the upper and lower generations who have a blood relationship with each other, such as parents and children, maternal grandfathers and grandchildren, etc. It is generally divided into lineal blood relatives and lineal in-laws.

Legal basisCivil Code of the People's Republic of China

Article 1123: After the commencement of inheritance, it shall be handled in accordance with the statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; If there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Article 1127 Inheritance shall be in the following order: (1) first order: spouse, children, parents; (2) Second order:

Siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no heir in the first order of succession, the heir in the second order shall inherit it. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship. "Brothers and sisters" as used in this Part includes brothers and sisters of the same parents, half-brothers and sisters, adoptive brothers and sisters, and step-brothers and sisters who have a relationship of support.

The new policy for the transfer of real estate between brother and sister is as follows:

1. Among them, the transferor of the gift is exempt from business tax and income tax, but shall pay the cost of the certificate, go through the notarization procedures, and if it is transferred later, it shall pay 20% of the income tax;

2. Both parties must pay taxes for the change of name of the sale, and even if the tax is not paid within 5 years of the name change of the real estate certificate, the contract tax must be paid.

1. The process of house transfer is as follows:

1. The mutual establishment and signature of the parties;

2. You need to prepare your application materials, and then go to the real estate bureau as soon as possible to fill in some ** and a stock contract;

3. To submit the application materials for the transfer of their real estate to the Real Estate Bureau, which is necessary for review and review, at this time the Real Estate Bureau will give a receipt form, and the tax must be paid according to the date stated on the receipt form, which generally takes about 15 working days;

4. You can get the real estate certificate after the real estate transfer tax is paid.

2. The materials required for the transfer of the house with the side are as follows:

1. Application form for real estate transfer registration;

2. Proof of identity of the applicant;

3. Certificate of real estate rights;

4. The administrative decision of the relevant administrative organ, the real estate sales contract, or the notarized real estate gift, or the notarized real estate inheritance certificate, or the real estate exchange agreement, or the real estate division agreement.

To sum up, the new policy for the transfer of brother and sister real estate includes that the gift transferor is exempt from business tax and income tax, but shall pay the cost of the certificate, go through the notarization procedures, and if it is transferred later, it shall pay 20% income tax; Both parties must pay tax for the name change of the sale, and the contract tax must be paid within 5 years of the name change of the real estate certificate.

Summary. Hello dear for your question, oh <>

According to the regulations in the new policy, as long as the proof of relationship between the two parties is issued, a certain reduction in part of the transfer fee should be given.

A new policy for the transfer of property between brothers

Hello to your question, <>

If the new policy on the transfer of real estate between brothers should be carried out according to the normal transfer process, according to the regulations of the new policy, as long as the proof of the relationship between the two parties is issued, a certain reduction and exemption should be given on part of the transfer fee.

If the transfer of houses between brothers is required, a contract needs to be signed, and if the house is donated or exchanged, the deed tax needs to be paid.

Legal basis: Article 9 of the Detailed Rules for the Implementation of the Provisional Regulations on the Registration of Immovable Property Where an application for registration of immovable property is made, the applicant shall fill in the application form for registration and submit the SFZ certificate and relevant application materials. The original application materials shall be provided. If Min Li is unable to provide the original copy of Wang Rent due to special circumstances, a copy may be provided, and the copy shall be consistent with the original.

1. It can be transferred through sale or gift. 2. The gift fee is the lowest, and the agreed real estate transfer price is about 6% of the tax declaration price (3% of the notary fee and 3% of the transfer tax). However, after the transfer of the gift, the real estate is transferred, and the individual income tax is 20% of the declared value.

Legal analysis: 1. It can be transferred through sale or gift.

2. The gift fee is the lowest, about 6% of the tax declaration price (the agreed real estate transfer price) (3% of the notary fee, 3% of the transfer tax). However, after the transfer of the gift, the real estate is transferred, and the individual income tax is 20% of the declared value.

3. For the sale and transfer, the tax is about 8% of the declared price (seller: 1% of personal income tax and business tax; Buyer: deed tax, other transfer taxes and fees are about hundreds, and the above tax points are calculated according to ordinary residences of less than 144 square meters).

Legal basis: Civil Code of the People's Republic of China

Article 209 The creation, alteration, transfer and extinction of real estate rights shall take effect upon the registration of auspicious filial piety in accordance with law; Unconcealed manuscripts have been registered, and no hunger will occur, except as otherwise provided by law.

The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 210 The registration of immovable property shall be handled by the registration authority where the immovable property is located.

The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.