Do I have to pay inheritance tax if I sell my inherited house after 5 years?

Legal Analysis: There is no inheritance tax to be paid if the inherited house is sold after 5 years. At present, the house inherited in my country does not need to pay inheritance tax, whether it is 5 years old ** or less than 5 years.

If it is after 5 years**, you just don't have to pay 20% personal income tax. There is no need to pay % sales tax after 2 years. However, the deed tax must be paid, according to the buyer's situation, the first set of ordinary housing is 1%, the second set is 3%, and the non-ordinary house is 3% regardless of the first and second sets.

Legal basis: Article 6 of the Deed Tax Law of the People's Republic of China exempts deed tax: (1) State organs, public institutions, social organizations, and military units shall inherit the ownership of land and houses for office, teaching, medical treatment, scientific research, and military facilities; (2) Non-profit schools, medical establishments, and social welfare organizations that receive land and housing ownership for office, teaching, medical care, scientific research, pension, or assistance; (3) Inherit the right to use barren mountains, wastelands, and barren beaches for agriculture, forestry, animal husbandry, and fishery production; (4) Changing the ownership of land or houses between husband and wife during the existence of the marital relationship; (5) The legal heirs inherit the ownership of land and houses through inheritance; (6) Foreign embassies, consulates and representative offices of international organizations in China that shall be exempt from tax in accordance with the law shall inherit the ownership of land and houses.

If the inherited house is traded after five years, if the house meets certain conditions, it does not need to pay taxes; If the prescribed conditions are not met, you still need to pay taxes.

According to the law, the reduction of personal income tax is only levied on ordinary housing. That is, if it is the only house of the seller's family for five years from the date of obtaining the property right of the house to the time of **, it can be exempted from individual income tax. In addition, the two conditions of "five years" and "only family" must be met at the same time to be exempted.

Property inheritance is one of the ways to transfer property rights, and less taxes and fees are paid. If the heir is not an immediate family member, the taxes that need to be paid are relatively high, so in the process of real estate inheritance, you need to understand all the taxes related to real estate inheritance.

Legal analysis: inherit real estate and then ** do not have to wait for five years to pay taxes. According to the law, the property is not subject to deed tax when the legal inheritance is changed.

For non-statutory heirs who inherit the deceased's land and land during his lifetime, and the ownership of the house according to the will, it is a gift and deed tax shall be levied. After inheritance, the tax shall be paid according to the general provisions. For the transfer of real estate inheritance, the main fees to be paid are real estate inheritance notarization fees, housing appraisal fees and taxes and fees for real estate transfer, and the inheritance notarization fee is charged according to 2% of the appraisal price of the real estate inherited by the heir, with a minimum of not less than 200 yuan.

Second, the real estate value appraisal fee, the appraisal fee is calculated according to the level of the real estate value, using the differential law progressive method, and the third is the tax on the inheritance and transfer of real estate. It is composed of a contract stamp duty of 5/10,000 of the appraised price of the house, a registration fee of 100 yuan, and a warrant stamp duty of 5 yuan. Fourth, the deed tax is exempted if the legal heirs inherit real estate for five years, and the deed tax that needs to be paid for non-statutory heirs who inherit the ownership of land and houses according to their wills.

Legal basis: Article 1 of the Deed Tax Law of the People's Republic of China The units and individuals who transfer the ownership of land and houses within the territory of the People's Republic of China and receive the deed tax shall pay the deed tax in accordance with the provisions of this Law, and the deed tax rate of Article 3 shall be 3% to 5%.

Derivative question: What are the situations of real estate inheritance disputes?

There are eight types of real estate inheritance disputes, real estate inheritance notarization disputes, inheritance issues of the deceased's property during his lifetime, inheritance issues of non-relatives, disputes over the conclusion of wills for joint real estate between husband and wife, inheritance order of inheritance, inheritance disputes under the premise of inheritance without a will, how to apply for the transfer of real estate ownership after real estate inheritance, and division of real estate inheritance.

First, the text. If an individual transfers it for personal use for more than 5 years and is the only living house of the family, the income obtained from the trace is exempt from individual income tax.

Apply for immediate family members.

The gratuitous gift between is exempt from 20% personal income tax, but you need to pay an additional notary fee for the gift agreement. According to the regulations, if the original real estate of the individual is obtained through gift and inheritance, 20% of the individual income tax of the transaction shall be paid for the transfer again, and if the inheritance or gift is continued, the husband and wife have no house in their name, and the property right shall not be paid for 5 years.

2. Analysis. Inheritance of the house** requires the payment of deed tax and stamp duty.

Personal income tax. After the inheritance of the real estate, the individual income tax is subject to tax again, and the balance of the income from the transfer of property after deducting the taxes and related reasonable expenses paid in the process of receiving and transferring the house is the taxable income.

Individual income tax is calculated and paid at a use rate of 20%.

3. What is the standard for paying taxes?

1. Income from wages and salaries shall be subject to 7 levels of progressive tax rate for excess.

Calculate and levy tax on monthly taxable income;

2. Individually-owned businesses.

production and business income and the application of 5 levels of progressive tax rate to enterprises and institutions;

3. Proportional tax rate. Individual income tax shall be levied on a per-time basis for the income from author's remuneration, remuneration for labor services, royalties, interest, dividends, bonuses, property leases, property transfers, incidental income and other income, and a proportional tax rate of 20% shall be applied.

1. Inherited real estate, at any time, is subject to 20% personal ownership tax.

Item 2 of the Notice of the State Administration of Taxation on Issues Concerning Strengthening the Tax Administration of Immovable Property Donated by Individuals in Real Estate Transactions without Compensation stipulates that if the donee transfers the immovable property again after obtaining the immovable property donated by the donor without compensation, the balance of the income from the property transfer after deducting the taxes and related reasonable expenses paid in the process of receiving and transferring the housing shall be the taxable income, and the individual income tax shall be calculated and paid at the applicable tax rate of 20% when paying individual income tax.

2. Inheritance of real estate, subject to the registration time on the original real estate certificate before inheritance, after two years, exempt from business tax.

Item 4 of the Notice of the State Administration of Taxation on Several Specific Issues in the Implementation of Real Estate Tax Policies stipulates that the relevant provisions of the Circular shall also apply to the external sales of housing acquired by individuals through gifts, inheritance, divorce property division and other non-purchase forms.

The time of purchase shall be determined according to the time of purchase before the division of gifted, inherited and divorced property, and the purchase of the house shall be determined according to the original purchase price before the occurrence of gift, inheritance and divorce property division.

Individuals need to go through the relevant formalities with the local taxation department with the legal and valid legal documents that they have obtained the housing through non-purchase forms such as donation, inheritance, divorce property division, etc.

3. Other taxes shall be levied according to the provisions of the second-hand housing transaction

1) Deed tax: Calculation method of deed tax for ordinary residences: less than 90 square meters - 1% for the first set and 3% for the second set; 90-140 square meters - the first set, the second set 3%.

2) Land Appreciation Tax: Tax rate: 5% (5% of the amount of the full bill cannot be provided).

3) Urban Construction Tax, Education Surcharge and Local Surcharge Law: Urban Construction Tax: 7% of Business Tax; Additional tax on education fees for second-hand housing transactions: 3% of business tax. Local surcharge on second-hand housing transactions: depending on the locality.

Legal analysis: The resale of the property inherited by the parents' estate is subject to individual income tax, but if it is two years old, it is exempt from business tax.

Legal basis: Civil 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 lease imitation 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 first-order heir, the second-order heir shall inherit. 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 siblings of the same parents, half-brothers or half-brothers, adoptive brothers and sisters, and step-brothers and sisters who have a relationship of support.

Do the math how much it will cost you to renovate your home

Many people will inherit the property of the elders in the family, in order to minimize taxes, some owners will inherit the property for 5 years before it**. So what taxes will be incurred when inheriting the property after 5 years? Next, I will briefly introduce it to you.

1. The inherited house is usually levied according to the taxes and fees of the second-hand house. Because it only inherits the house for 5 years, it meets the national regulations, and the ordinary residence for 2 years is exempt from VAT. Therefore, it is not necessary for the seller to pay VAT.

2. When we inherit the house again after 5 years, we also need to see whether the house is the only home of the family. If so, then it meets the criteria for exempting individual income tax for the only residence that meets the requirements of the policy. Therefore, there is no need to pay individual income tax.

If the dwelling is not the only dwelling of the family, then 20% of the difference will be subject to individual income tax. That is, (the total price of the house - the purchase cost) * 20%, the purchase cost of the general inheritance property is very low, and the individual income tax is almost 20% of the full amount.

3. In addition, when inheriting the property, the buyer needs a deed tax of 1-3%. According to the policy, if the buyer buys the first residence, and the area does not exceed 90 square meters, it is required to pay 1% deed tax; If the area exceeds 90 square meters, the deed tax that needs to be paid, etc. Buyers also need to pay 80 yuan for the production cost, 50 yuan for the verification fee, 5 yuan for the warrant printing fee, and the appraisal fee.

The transaction fee of 6 yuan square and the intermediary fee of 1-2% are paid by both the buyer and the seller.

Summary: What are the tax concessions for the inherited house to be sold after 5 years, which is introduced here. I hope that after reading this article, I can provide you with a reference when inheriting real estate in the future.

If the inherited property is not the only residence in the full five, the fierce sale usually needs to pay a high individual income tax, we can also consult the local real estate bureau for the inheritance of real estate taxes and fees. Destroying the Bureau.

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