I transfer the house brother, how can I reasonably avoid taxes

Updated on society 2024-07-11
4 answers
  1. Anonymous users2024-02-12

    By giving!

    The transaction ** mentioned in the policy is set by yourself. You can order ** lower depending on where you are!

    Because some taxes on real estate transfer in China are not uniform across the country!

    It also depends on whether your house has been purchased for more than 5 years.

    Taxes payable on normal second-hand housing transactions.

    Seller Stamp Duty – Turnover Value

    Business tax - ordinary residential buildings purchased less than 5 years ago: transaction volume The definition criteria for ordinary residential buildings are: the building floor area ratio of residential communities is above and above, the construction area of a single set is less than 140 square meters (inclusive), and the actual transaction price is lower than the average transaction price of housing on land of the same level, and these three conditions must be met.

    Ordinary house purchased for 5 years: (income from the sale of the house - purchase price) Individual income tax - if complete information can be provided: (transfer income - original value of the house - taxes paid in the process of transferring the house - reasonable expenses) 20%.

    If the original value of the house cannot be provided: 1% of the income from the transfer of the house

    Buyer deed tax.

    Residential Buildings: Value Turned

    Non-ordinary residential: 3% of transaction value

    Stamp Duty Turnover

  2. Anonymous users2024-02-11

    Notarization of a gift agreement i.e. a non-transactional form of the rate is much different.

  3. Anonymous users2024-02-10

    Summary. It can be used as a gift transfer or a sale transfer. The details are as follows:

    The transfer fee is about 6% of the tax return price (i.e. the transfer price of the property as agreed upon) (3% of the notary fee and 3% of the transfer tax). However, after the transfer of the gift, if you want to transfer the property in the future, you will have to pay 20% of the declared value of the individual income tax alone. Therefore, it is not advisable to use gift transfer.

    It is recommended to use the sale and transfer of ownership, that is, the direct transfer of the property to the younger brother, the tax is about 8% of the declared value of the property (seller: personal income tax 1% (real estate certificate more than 5 years exempt), business tax real estate certificate more than 5 years exempt), buyer: deed tax, other transfer taxes and fees are about hundreds, the above tax points are calculated as ordinary residences 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.

    Do I need to pay taxes when I transfer the house to my brother? How much is the tax? Isn't it okay to give away? How to avoid taxes reasonably?

    Hello, I am a legal consulting lawyer of the platform, I am reading your question, please wait for me a little longer

    It can be used as a gift transfer or a sale transfer. The details are as follows: If the transfer of ownership is made, the fee for the gift is about 6% of the tax declaration price (i.e. the property transfer price agreed upon by you) (3% of the notary fee and 3% of the transfer tax).

    However, after the transfer of the gift, if you want to transfer the property in the future, you will have to pay 20% of the declared value of the individual income tax alone. Therefore, it is not advisable to use gift transfer. It is advisable to use the sale and purchase transfer, that is, to transfer the property directly to the younger brother, and the tax is about 8% of the declared tax value of the property (seller:

    Personal income tax 1% (exempt for real estate certificates greater than 5 years), business tax for real estate certificates greater than 5 years exempt), buyers: 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). If the real estate certificate has passed for five years, there is no need to pay individual income tax, only the deed tax is paid, and other transfer taxes are about hundreds.

    Rough digging is about a total of about one.

    Provisional Regulations on Real Estate Tax》 Article 3 The real estate tax shall be calculated and paid according to the value of the original value of the property after deducting 10% to 30% of the original value of the property. The specific reduction range shall be prescribed by the people of provinces, autonomous regions, and municipalities directly under the Central Government. If 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 property 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.

    This is the end of the consultation here, if you have other legal issues here, you can click on my avatar, and follow me to conduct a brief inquiry and ask questions, I hope your problems can be solved smoothly as soon as possible.

  4. Anonymous users2024-02-09

    Analysis of reasonable tax avoidance schemes for real estate.

    General knowledge points of LAT

    Land appreciation tax is a tax levied on units and individuals who transfer the right to use state-owned land and the property rights of buildings and other attachments on the ground and obtain value-added income within the territory of China for compensation. The deduction items include: 1. The amount paid for obtaining the land use right.

    2. The cost and expense of developing land, new houses and supporting facilities. 3. Assessment of used old houses and buildings**. 4. Taxes related to the transfer of real estate, including business tax, stamp duty, urban construction tax and education surcharge paid when transferring real estate.

    5. For other deductions determined by the Ministry of Finance, it is currently stipulated that taxpayers engaged in real estate development are allowed to deduct 20% of the sum of the amount paid when obtaining the land use right and the cost of real estate development. Land Appreciation Tax Rate Table:

    Latest policy. On January 16, 2007, the State Administration of Taxation issued the Notice on Issues Concerning the Administration of Land Appreciation Tax Liquidation of Real Estate Development Enterprises (hereinafter referred to as the "Notice"). The "Notice" requires all localities to carry out the liquidation of land appreciation tax for real estate development enterprises from February 1 this year, and formally levy land appreciation tax ranging from 30% to 60% on enterprises.

    Key Points of LAT There are two types of exemptions from LAT in two situations.

    1.The taxpayer builds an ordinary standard dwelling**, and the value-added amount does not exceed 20% of the amount of the deduction item; If the value-added amount exceeds 20% of the amount of the deducted item, the entire value-added amount shall be taxed according to the regulations.

    2.Real estate that needs to be requisitioned or recovered in accordance with the law due to national construction.

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