Can the property ownership be transferred if it has not been completed for 2 years?

Updated on society 2024-07-15
5 answers
  1. Anonymous users2024-02-12

    If the house license is less than 2 years, you need to pay deed tax, business tax, personal income tax, and other fees when buying and selling the house.

    1. Deed tax: 1. The first purchase of a property of less than 90 square meters shall be paid at 1%;

    2. The first purchase of more than 90 square meters (including 90 square meters) and less than 144 square meters of real estate shall be paid according to the payment;

    3. Pay 3% in the following cases:

    1) 144 (including 144 square meters) square or more;

    2) not a first-time home buyer;

    3) garage;

    4) Non-ordinary residences.

    2. Business tax: (generally paid by the seller, unless otherwise agreed by both parties) 1. Ordinary residential properties below 144 square meters are exempt from business tax after the real estate certificate has been completed for 2 years.

    2. If the real estate certificate is less than 2 years, the business tax shall be paid;

    3. If the area of the house exceeds 144 square meters, the real estate certificate shall be paid according to the difference for 2 years, and the calculation formula is: (last purchase ** - now ****) * tax rate.

    3. Individual income tax: (generally paid by the seller, unless otherwise agreed by both parties) 1. The real estate certificate has been completed for five years, and it is the only set of real estate under the name of the seller's husband and wife is exempt from individual income tax.

    2. The only real estate or real estate certificate under the name of the seller and his wife is less than 5 years old, according to 1%.

    Fourth, other expenses are relatively small:

    Transaction fee: 6 yuan square * number of square houses

    Production cost: 80 yuan for one certificate; Two documents 90

    Appraisal fee: 5/1000 of the total amount of appraisal (bank loan appraisal) Mortgage production cost: 100 yuan.

    Proof of house purchase: 20 yuan a copy of 3 copies are generally required.

    Notarization entrustment is 300 yuan.

  2. Anonymous users2024-02-11

    Legal analysis: The real estate certificate can be transferred if it is less than two years old. There is no limit to the time for obtaining the real estate certificate, as long as the party is the registrant of the house ownership, and the house has no ownership dispute and can be transferred, you can go to the housing registration department to apply for the registration of the house transfer.

    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 registration in accordance with law; Without registration, it shall not take effect, unless 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.

    Article 214 Where the creation, alteration, transfer or extinction of real estate rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the real estate register.

  3. Anonymous users2024-02-10

    If the real estate certificate has not been processed for more than two years, it can also be buried and transferred again, but the deed tax and differential tax generated by this virtual liquid sample are relatively high, which is not very cost-effective, so think clearly and then decide.

  4. Anonymous users2024-02-09

    If the real estate certificate is less than two years old, you need to apply to the real estate management department with your ID card, household registration book, marital status certificate, house purchase contract, and real estate certificate; The real estate management department has reviewed and approved the payment of relevant taxes and fees, and the tax has been verified and paid; Issuance of tax receipts and submission of receipts; Fill in the application form and receive the acceptance notice; Go to the trading center to get the new certificate, and the real estate management department will issue the transfer note.

    [Legal basis].Article 21 of the Interim Regulations on the Registration of Immovable Property.

    The registration of the registered items is completed when they are recorded in the immovable property register. When the immovable property registration authority completes the registration, it shall issue the immovable property ownership certificate or registration certificate to the applicant in accordance with the law.

    Article 61 of the Law on the Administration of Urban Real Estate.

    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.

  5. Anonymous users2024-02-08

    Dear, hello, I am glad to serve you, you can transfer the real estate certificate less than two years later, and you need to pay personal income tax and VAT and surcharges. Article 36 of the Law of the People's Republic of China on the Administration of Urban Real Estate refers to the act of transferring real estate to others by the owner of real estate through sale, gift or other legal means. Article 37 The following real estate shall not be transferred:

    1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 38 of this Law; (2) Where judicial or administrative organs make rulings or decisions to seal up or otherwise restrict real estate rights in accordance with law; (3) Recovering the right to use land in accordance with law; (4) Co-ownership of real estate without the written consent of the other co-owners; (5) The ownership is disputed; (6) Failure to register and receive a certificate of ownership in accordance with law; (7) Other circumstances where laws or administrative regulations prohibit transfer.

    What materials need to be prepared for the transfer of the real estate certificateThe transfer of the real estate certificate needs to go to the local housing management department to go through the transfer procedures, and the following materials need to be brought: 1. The house ownership certificate; 2. Sales contract (original); 3. Application for house ownership registration (pick up at the reception window). 4. If the applicant's identity certificate (1) is personal, the original and copy of the identity certificate shall be provided; (2) If it is an enterprise, the original and copy of the industrial and commercial business license, the identity certificate of the legal representative or the person in charge, the inquiry information of the industrial and commercial enterprise, and the articles of association of the company shall be provided; (3) If it is a state organ, institution or community organization, the original and photocopy of the institution certificate or the document approved for establishment, and the identity certificate of the legal representative or person in charge shall be provided; (4) If the applicant is a minor, the original and photocopy of the identity certificate of all guardians, household registration booklet or relationship certificate shall be provided; (5) If the individual authorizes another person, the original notarized or authenticated power of attorney, the original and copy of the personal identity certificate of the entrusting person must be provided; (6) If the person is not authorized by the individual, the original power of attorney issued by the legal representative or the person in charge and stamped with the official seal, and the original and copy of the identity certificate of the entrusting person must be provided; (7) If it is a transfer of housing reform, the transferor shall submit a certificate of marital status, and if it is married, both husband and wife shall apply together.

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