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Rural houses can only be bought and sold among villagers in their own village, and the sale to villagers in other villages is invalid and is not protected by law. To sign a house sale contract, **, payment method and liability for breach of contract, etc., the land of houses in the countryside is generally on collective land, and people outside are not allowed to buy and sell according to the regulations. Rural houses can go through the procedures for the transfer of ownership of houses, and if there is no real estate certificate, it is necessary to obtain the consent of the villagers' committee and issue a certificate of transfer of the relevant homestead, so that it can be used in the future when applying for the real estate certificate.
Old houses in rural areas belong to private property, and peasants have the right to buy and sell them at will. However, houses in rural areas are built on collective land, and since only members of the rural collective economy are qualified to use rural homesteads, some restrictions have been imposed on the purchase and sale of old houses in rural areas, explicitly prohibiting the urban population from buying houses in the rural areas, and at the same time prohibiting the rural population from buying houses across villages. The sale and purchase of old houses in rural areas can only be sold to peasant households in their own villages, and they must have a land use certificate from the state, and rural houses and farms cannot be sold to people from other villages or cities, because the land use rights cannot be bought by the state without permission, and they are not protected by law when sold to people from other villages.
What to pay attention to in the buying and selling behavior, in fact, is very simple, that is, after obtaining the consent of the village committee, under the witness of the village committee, the two parties will discuss **, and then sign the sale and purchase agreement, the agreement must not only be signed by both parties, but also stamped with the official seal of the village committee, signed by the main person in charge of the village committee, the agreement should be in triplicate, the village committee will file a copy, and both parties will hold a copy. After the sale is completed, the seller must assist the buyer in the transfer of property rights. If you have the right, you should discuss with the seller, go to the village committee together, and sign the sales contract under the witness of the village committee with the consent of the village committee, and then go through the property right transfer procedures to achieve reasonable and legal.
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The corresponding cost is relatively low, and you only need to pay the cost of production. Of course, it is possible to transfer the city hukou, but the cost may be higher.
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Stamp Duty: Calculation Formula: 5/10,000 of the taxable amount (or the total room price calculated according to the minimum guide price); Stamp duty on housing certificate: 5 yuan. Urban hukou cannot be transferred to rural homesteads.
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This should be determined according to the specific situation, and the fees are different in different places, and there is no way to transfer the urban hukou.
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3. Carry out certificate issuance. Rural house sale and transfer costs: the transferor needs to pay the stamp duty of the land transfer contract, the land acquisition management fee of RMB square meter, the transfer fee, and the deed tax of the transfer; The transferee needs to pay the cost of production and a state-owned land use certificate of 20 yuan.
[Legal basis].
Article 210 of the Civil Code 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 211:When a party applies for registration, it shall provide proof of ownership and necessary materials such as the boundary address and area of the immovable property based on different registration items. Article 212:Registration bodies shall perform the following duties: (1) inspect the ownership certificate and other necessary materials provided by the applicant; (2) Questioning the applicant on the relevant registration matters; (3) Truthfully and promptly register relevant matters; (4) Other duties provided for by laws and administrative regulations.
If the relevant circumstances of the immovable property applied for registration need to be further proved, the registration authority may require the applicant to supplement the materials and, if necessary, may inspect on the spot.
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1. Deed Tax: Ordinary Residential: Appraisal Price 1 5 ; Non-ordinary dwellings: Appraisal price 3
2. Personal income adjustment tax: (appraisal price, original purchase price) 20
3. Business tax: if the residential property is purchased for less than two years: the appraised price is 5 55; Non-ordinary residential purchase for more than two years: (appraisal price, original purchase price) 5 55; Ordinary residential purchases for more than two years are exempt from payment. Now it is subject to VAT.
4. Real estate transaction fee: the building area of the house is 6 yuan square meters.
5. Stamp duty: appraisal price 0 1
6. The cost of the real estate certificate: 85 yuan.
7. The cost of land certificate: 105 yuan.
8. Transaction appraisal fee: appraisal price 0 3
1. What is the process of transferring ownership of rural houses.
1. We need to apply for appraisal at the appraisal company entrusted by the housing management department and the tax department; After acceptance, the appraisal company needs to issue an appraisal report on the entrusted appraisal house according to the appraisal procedure and pay the appraisal fee.
2. After the buyer and seller sign the contract, we need to bring the identity certificate, housing ownership certificate, household registration book, marriage certificate, sales contract, proof of consent of the village committee to the sale and transfer, and the approval form for transfer of ownership to the surveying and mapping company of the housing management department to apply for surveying and mapping and issue a new surveying and mapping map;
3. We need both parties to apply for payment of deed tax to the tax department with the materials mentioned in (2); After acceptance, the tax department will carefully review and issue a deed tax form and pay the deed tax; Apply for payment (or reduction) of business tax and individual income tax, and the tax department will carefully review and issue a tax bill in accordance with the regulations;
4. We need both parties to apply to the housing management department with (3) materials, and after the housing management department approves and approves it, pay the fee and collect the certificate. However, it should be noted that you need to be registered in the village to buy and sell and transfer the house.
2. What materials are needed for the transfer of rural houses?
1. Application for registration;
2. Proof of the applicant's identity;
3 Certificate of Ownership of the House;
4. Certificate of the right to use the homestead or the right to use the collectively owned construction land;
5. Documents proving the transfer of ownership of the house;
6. Other necessary materials;
In addition, the buyer shall also submit proof that the rural collective economic organization agrees to the transfer.
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Urban households are not allowed to buy houses in the countryside of Brother Mountain, but houses in rural areas can be inherited. If the person concerned has left a property in the countryside after his death, the heirs can inherit the house regardless of whether they have a rural household registration or not, and at the same time inherit the house and obtain the right to use the homestead.
1. Can an urban hukou buy a rural house Our law clearly stipulates that a farmer's house shall not be given to urban residents, nor shall urban residents be allowed to occupy the collective land of farmers to build a house, and the relevant departments shall not issue land use certificates and real estate certificates to houses built and purchased illegally. The "Decision on Deepening Reform and Strict Land Management" once again emphasizes "strengthening the management of rural homesteads and prohibiting urban residents from purchasing homesteads in rural areas". The transfer of the right to use rural houses and homesteads shall be found to be invalid.
In addition, civil activities must comply with the law, and where there are no provisions in the law, the national policy of praising luggage shall be observed. Therefore, when the people's court hears a case, if the law does not clearly stipulate a certain type of dispute, it should find out whether the national policy has any provisions on this. Where there are provisions in national policies, the national policies are to be applied to make judgments, and discretion cannot be made based on the judges' personal understanding.
From the perspective of judicial practice, the people's courts do not support the litigation claims of urban residents requesting the purchase of homesteads or houses in rural areas. Generally, the contract for the sale and purchase of private houses in rural areas will be found to be invalid. To sum up, China's current law prohibits urban residents from purchasing rural houses, and the housing sales contract involved in the case should be invalid.
2. How to buy and sell rural houses1. The sale and purchase of houses shall be subject to the written consent of the collective, that is, the villagers' committee. 2. If the house is co-owned, the consent of the other co-owners must be obtained. 3. The original of household registration booklet, resident ID card, land certificate, real estate certificate and other relevant materials should be submitted.
4. You should go to the property rights registration department to check whether there are defects in the property rights of the house: such as whether there are mortgages and other guarantees, and whether the people's courts have taken property preservation measures such as seizure. 5. A written sales contract should be concluded, and the approval and transfer procedures should be handled.
The housing sales contract shall be examined and approved by the relevant functional departments, and the transfer and name change procedures of the "homestead certificate" or "collective land use certificate" shall be handled; You should also go to the real estate management department to go through the procedures for the transfer and name change of the "real estate certificate" in accordance with the law.
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Let me tell you about the question you asked about how to calculate the transfer cost of rural houses. Rural real estate certificate transfer costs:
1) Land taxes and fees for the transfer of rural houses: (If it is a transferred land, the transferor is exempted.)
item) transferor: 1 land acquisition management fee: 0 75 yuan square meter 2 transfer fee:
a Residential land: a State-owned: 189 yuan square meters (urban area) 45 yuan square meters (township, Shalang in the west and south of National Highway 105 in the south district) b Collective:
69 yuan square meters (urban area, villagers of this village) 30 yuan square meters (town, Shalang in the west district and south of National Highway 105 in the south district, villagers in this village) b Commercial and residential, commercial and operational office land: 234 yuan square meters (urban area) 45 yuan square meters (south of National Highway 105 in the township, Shalang in the west district and south of National Highway 105 in the south district) c Industrial land: 39 yuan square meters (urban area) 15 yuan square meters (south of National Highway 105 in the township, Shalang in the west district and 105 national highway in the south district) 3 Supplementary transfer deed tax:
Benchmark land price land area 3 (collected by the deed tax collection window of the Municipal Finance Bureau) 4 Stamp duty on land transfer contract: transfer fee 0 05 Transferee: 1 Cost of production:
State-owned land use certificate 20 yuan 2 Stamp duty: 5 yuan 3 Land ownership survey, cadastral surveying and mapping fee: a party and government branch sedan car watching:
200 yuan for less than 2,000 square meters, plus 25 yuan for every 500 square meters, and the maximum is not more than 700 yuan. B Enterprise: 100 yuan for less than 1,000 square meters, 40 yuan for every 500 square meters, and the maximum is not more than 40,000 yuan.
C Public institutions: 300 yuan for less than 5,000 square meters, plus 25 yuan for each more than 500 square meters, and the maximum is not more than 10,000 yuan. d Townspeople:
13 yuan for less than 100 square meters, 5 yuan for every 50 square meters, and the maximum is not more than 30 yuan. e Land for rural residents: 5 yuan for less than 200 square meters and 10 yuan for more than 200 square meters.
2) Real estate taxes: transferor: 1 Land value-added tax:
According to 0 7 pre-levy, if it is not pre-levied, please apply to the local taxation department for approval. 2 Business Tax: 5 City Construction Tax:
Business Tax 7 (Township, South District 5) Education Fee Additional Sail Chain: Business Tax 3 3 Embankment Protection Fee: 0 1 (See Note for details) 4 Personal Income Tax:
According to 3 pre-levy, if it is not pre-levied, please apply to the local taxation department for approval. (Exempted for more than 5 years for self-use housing)5 Enterprise income tax:3 (Adopt the method of levying the verified taxable income rate)6 Contract stamp duty:
Contract amount 0 05 (exempt for individual housing) 7 Transaction fee: 3 yuan square meter 8 ** at the standard price per year) of the house reform, the value-added part (i.e., the taxable price - the original purchase price - the seller's transaction tax) 20 into the seller's unit housing ** account. 9 ** For the distressed house, the value-added part (i.e., the taxable price - the original purchase price - the seller's transaction tax) will be divided according to the proportion of capital contribution.
10 **Withdraw and change the house, and transfer the proceeds (i.e., the taxable price - the transaction tax of the seller's unit) to the seller's unit housing ** account.
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1 Rural housing transfer fees are affected by factors such as the size of the house, the age of the house, and the number of transactions. The fees to be paid by the buyer are: surveying and mapping fee, appraisal fee, deed tax (depending on the size of the house), personal income tax and production cost.
The fees to be paid by the seller are sales tax as well as other fees.
2 The transaction costs of rural housing transfer need to be borne by both the buyer and the seller.
1. How to handle the procedures for the sale and purchase of rural houses.
1. The procedures for the sale and purchase of rural houses are: you need to go to the township land office to apply, submit the relevant materials, and the local land office will review the ownership information provided by the applicant, conduct surveys, surveys and announcements on the spot, and report to the land bureau for review, registration and issuance of certificates.
2. If the ownership of a rural house is transferred in accordance with the law, and the application for registration of the transfer of ownership of the house is made, the following materials shall be submitted:
1. Application for registration;
2) Applicant's identification document;
3 Certificate of Ownership of the House;
4. Certificate of the right to use the homestead or the right to use the collectively owned construction land;
5. Documents proving the transfer of ownership of the house;
6. Other necessary materials;
Those who apply for registration of the transfer of ownership of villagers' houses shall also submit supporting materials proving that the rural collective economic organization has agreed to the transfer.
2. Who bears the cost of housing transfer.
1. China's "Urban Real Estate Management Law" stipulates that the registration of housing property rights change is an indispensable and important part of housing transactions. The seller shall perform the obligation to deliver the subject matter to the buyer or to deliver the documents for the extraction of the subject matter, and to transfer ownership of the subject matter.
2. In the sale and purchase of houses, "transfer the ownership of the subject matter", that is, to go through the transfer procedures of the house ownership certificate. Since the transfer of property rights is the legal obligation of the seller, the corresponding expenses should also be borne by the seller in accordance with the law. Therefore, the expenses incurred in the transfer of ownership have been agreed by both parties and have not agreed to be paid according to the law.
Generally, the seller pays personal income tax, stamp duty and business tax. The expenses incurred in the transfer of ownership shall be agreed by both parties according to the agreement, and there is no agreement to be paid according to the law. Generally, the seller pays personal income tax, stamp duty and business tax.
The transfer of real estate requires the buyer and the seller to bring their ID cards, household registration booklets, real estate certificates, and sales contracts to the housing authority. The transfer fee is calculated and paid according to the value of the property, including deed tax, stamp duty, personal income tax, business tax, land appreciation tax, etc. For details, you can consult the housing authority where the property is located.
The information that needs to be provided for the transfer of ownership mainly includes: the certificate of ownership of all sections of the house, the identity certificate of the buyer and the seller, the marital status certificate of the first party of the house, the certificate of housing verification, the sale and purchase contract and other information that the housing registration agency deems necessary.
3. The parties to the sale and purchase of the house can also negotiate and settle the matter, and if the buyer of the house is willing to bear part or all of the house transfer fees, it does not violate the prohibitions of the law.
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The main taxes and fees involved in real estate transactions are: transaction fees, contract stamp duty, business tax, individual income tax, land value-added tax, notarization fee of sales contract, deed tax, transfer fee, etc. The proportion of fees varies from city to city, and the actual local fees shall prevail.