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All taxes are payable, but there is no sales tax after 5 years.
Second-hand housing transaction taxes and fees refer to all kinds of taxes and fees levied by the tax department on buyers and sellers in second-hand housing transactions, including: business tax and individual income tax.
Land Appreciation Tax, Stamp Duty, Urban Maintenance and Construction Tax.
Deed tax, education fee surcharge, etc. For the transfer of ordinary residential buildings by individual residents, the levy of LAT shall be temporarily exempted; Stamp duty is the transaction price of the house; The basis of individual income tax is the taxable income after deducting the original value of the property and reasonable expenses from the income from the transfer of property.
The tax rate is 20%; The deed tax is 2% for ordinary residential buildings and 4% for high-end commercial houses. There are different taxes and fees that both the buyer and the seller are responsible for during the second-hand housing transaction.
The room tax is based on a variety of factors, and the specific details are as follows (unless otherwise agreed by both parties, the business tax and personal income tax shall be borne by the seller):
1. Deed tax: 1. The first purchase of a property of less than 90 square meters shall be paid at 1%;
3. 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;
4. Pay at 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. Real estate certificate.
For 2 years, ordinary residential properties below 144 square meters are exempt from business tax.
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.
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Five years after the purchase of a normal house, there is no tax to be paid on the sale. But now the policy is also changing, and in some areas five years has been changed to two years, which is also a change to promote the healthy development of real estate.
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After the house is gifted, it is necessary to pay personal income tax on the purchase and sale of the house. The Notice of the State Administration of Taxation on Issues Concerning the Strengthening of the Tax Administration of Immovable Property Donated by Individuals for Real Estate Transactions without Compensation stipulates that "if the donee transfers the immovable property donated by the donor 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." "Calculation method:
Individual income tax (income from re-transfer, expenses incurred when gifted, other taxes and fees incurred when re-transferred, other reasonable expenses) 20%.
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The house is exempt from personal income tax if it is the only residence for 5 years, VAT is exempted for more than 2 years (including 2 years), and business tax is exempted for 5 years (including 5 years). In addition, the deed tax must be paid, and the payment standards are as follows:
1% for first-time buyers of less than square meters;
140 square meters are paid according to the room price;
More than square meters shall be paid to the buyer at 3% of the room price (3% will be charged for the second suite).
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Regardless of the number of years of ownership, the transfer tax must be paid.
If the real estate certificate has been completed for two years and five years, they can be exempted from a transfer tax, specifically:
The tax is about 8% of the declared value of the property = 1% of the seller's personal income tax (exempt for the only residence with a real estate certificate greater than 5 years) + business tax and exemption for the real estate certificate greater than 2 years) + buyer's deed tax.
Other transfer taxes and fees are about hundreds, and the tax points are calculated based on ordinary residences of less than 144 square meters.
There are three methods of conveyancing that can be used, as follows:
1. Gift transfer: If the property does not need to be bought and sold again in the future, then it is better to choose the gift, so that you only need to pay:
Deed tax: 3% of the house payment.
Surveying and mapping fee: RMB square meters.
Ownership registration fee and certificate collection fee: about 150 yuan.
Notary fee: the payment of the room.
When transferring the property, you need to pay 20% of the individual income tax.
2. Transaction transfer: If the property will be sold, then it is better for you to choose the transaction transfer, and the transaction transfer only needs to pay:
Deed:. Surveying and mapping fee: RMB square meters.
Ownership registration fee and certificate collection fee: about 150 yuan.
Individual income tax: 1%.
The difference in sales tax.
If the transfer is made at the original price, you do not need to pay individual income tax.
3. Inheritance transfer: all direct heirs need to fill in the agreement to renounce the right of inheritance, and then notarize, after the notarization and the process of gift transfer is basically the same, the cost of orange file is also the same as the gift transfer, and the method is generally used after the death of the original owner.
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There will be no transfer tax at all, but the business tax can be exempted for two years, and the only ordinary residential house that has been deferred for five years can also be exempted from personal income tax. Specifically, the tax is about 8% of the declared value of the property (seller:
1% of personal income tax (the only residence with a real estate certificate greater than 5 years is exempted), and the business tax real estate certificate is exempted for more than 2 years), buyer: deed tax, other transfer taxes and fees are about hundreds, and the above tax points are calculated as ordinary residences of less than 144 square meters).
If the real estate certificate is transferred for five years, there is no need to pay individual income tax, only the deed tax is paid, and other transfer taxes and fees are about hundreds. i.e. about a total of about that.
The tax return price is yours to set. The Housing Authority's computer system has a minimum assessment for each local area. If the declared value is higher than the appraised value, the tax will be calculated according to your value.
If it is lower, it will be calculated according to the appraised value of the system. The most knowledgeable about this appraisal price is the local real estate agent in the same area, because they often go to the transfer and know how much can be passed through the most scattered and low report, so it is recommended that you go to the agent to find out.
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The deed tax is 1, the deed tax is the business tax, and any one of the five years can be exempted from paying 1Purchase Invoice 2Deed Tax Invoice 3
Stamp duty for non-ordinary residences of 140 square meters or more. The floor area ratio is above the transaction price is more than the local market price! Regarded as an ordinary house!
The house within 5 years has to pay the business fee The transfer fee has a deed tax, and the house you buy exceeds the guidance**, pay 3% Land transfer fee 1% Transaction registration fee 80 Transaction fee 6 yuan Square meter Stamp duty Personal income tax 1%, depending on the seller's situation The handling fee for the loan is generally 600 The company charges 600 There is also an appraisal company that charges an appraisal fee If it is a provident fund loan, there is also a guarantee fee of about 2%.5% business tax is exempt for any one of the five years1Purchase Invoice 2
Deed Tax Invoice 3Stamp duty for non-ordinary residences is more than 140 square meters. The floor area ratio is above the transaction price is more than the local market price!
Regarded as an ordinary house! The house within 5 years has to pay the business fee The transfer fee has a deed tax, and the house you buy exceeds the guidance**, pay 3% Land transfer fee 1% Transaction registration fee 80 Transaction fee 6 yuan Square meter Stamp duty Personal income tax 1%, depending on the seller's situation The handling fee for the loan is generally 600 The company charges 600 There is also an appraisal company that charges an appraisal fee If it is a provident fund loan, there is also a guarantee fee of about 2%.
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Legal analysis: the tax charged when the house is less than two years old is: 3-5% deed tax, 20% tax rate on income from property transfer; Individuals who purchase a house less than 2 years ago pay business tax in full at the rate of 5%; 6 yuan square meter of house transaction fee and 80 yuan house title registration fee.
Legal basis: Article 2 of the Notice on Adjusting the Preferential Policies for Deed Tax and Business Tax in Real Estate Transactions If an individual sells a house purchased for less than 2 years, the business tax shall be levied in full; Individuals who will purchase housing for more than 2 years (including 2 years) are exempt from business tax. The specific procedures for tax exemption, the time for purchasing housing, the issuance of invoices, the acquisition of housing in a non-form of purchase and other relevant tax administration regulations shall be implemented in accordance with the relevant provisions.
Article 3 of the Provisional Regulations on Deed Tax The deed tax rate is 3-5. The applicable tax rate of deed tax shall be determined by the people of provinces, autonomous regions and municipalities directly under the Central Government within the range specified in the preceding paragraph in accordance with the actual situation of their respective regions, and shall be reported to the Ministry of Finance and the State Administration of Taxation for the record.
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After the court's real estate transfer judgment is issued, the individual income tax can not be paid if the house has been completed for 5 years, provided that the property is the only property of the party. In addition, if the residence period is more than two years, VAT can be exempted. There is no connection between the tax policy of the transfer of the property and the judgment of the court, and the deed tax must be paid regardless of the number of years.
1. The court decides that the property transfer has been completed for several years, and the tax is not paid?
The house is exempt from individual income tax for 5 years and is the only residence, VAT is exempted for more than 2 years (including 2 years), and business tax is exempted for 5 years (including 5 years). In addition, the deed tax must be paid, and the payment standards are as follows:
1% for first-time buyers of less than square meters;
140 square meters are paid according to the room price;
More than square meters shall be paid to the buyer at 3% of the room price (3% will be charged for the second suite).
Provisional Regulations of the People's Republic of China on Real Estate Tax
Article 3 The real estate tax shall be calculated and paid according to the residual value of the original value of the real estate after deducting 10% to 30% at one time. The specific reduction range shall be prescribed by the people of provinces, autonomous regions, and municipalities directly under the Central Government. There is no original value of the property.
As a basis, the tax authority where the property is located shall refer to the same type of real estate for verification. If the property is rented, the rental income of the property shall be used as the basis for calculating the real estate tax.
2. The process of handling the transfer of real estate after divorce is as follows:
First, prepare the materials.
The materials for the transfer of divorce real estate include: the original and copy of the divorce judgment or divorce agreement or divorce certificate; Title Deeds; Original and photocopy of the applicant's identification card; Application for registration of real estate; In addition to the above information, the client should also bring the power of attorney and personal identity certificate to handle the transfer.
Second, handle the transfer.
After the applicant prepares the application materials, he or she will go to the housing management department to go through the procedures for the transfer of divorce real estate, and the process is as follows:
1. Handle property notarization at the notary office, if there is a divorce judgment, there is no need to handle it, and pay the property rights notarization fee at the same time.
2. Real estate transaction transfer.
3. Go to the Housing Authority to apply for deed tax exemption.
4. Go through the registration procedures for property analysis and pay the registration fee.
5. Forensics. Third, pay taxes and fees.
The tax includes deed tax at **2% of the property and stamp duty of 5 yuan; The payment includes a registration fee of 80 yuan, a transaction fee of 2% of the real estate, and a cost of 20 yuan.
3. Materials to be prepared
1) Effective court judgment and its copy;
2) If the ownership of the property is specified in the judgment, the right holder may apply for registration of the real estate certificate;
3) Identification certificate and photocopy;
4) Title deed.
The court does not have the power to intervene in the tax policy set by the state, and even if the property is not transferred by the court decision, the question of whether the property can be taxed for several years is the same. At the same time, if you want to be exempted from paying deed tax, you can only negotiate the transfer of ownership of the property. If the housing period is less than the legal period, the tax may not be exempted.
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