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The procedure for the transfer of ownership of a property is as follows:
1. The seller asks the buyer to conduct a property rights investigation. Including verifying the integrity, authenticity and reliability of the property rights of the house, paying attention to whether the name of the owner on the property right certificate is consistent with the seller, whether there is a mortgage or co-owner, etc.
2. The buyer and seller sign the purchase contract, and sign the house price, payment method, delivery time and deposit in detail.
3. The real estate management department verifies the declared transaction**, and conducts on-site investigation and evaluation of the transferred houses as needed;
4. The intermediary company goes to the relevant bank for the buyer to handle the loan procedures. The loan application time is relatively strict, most of the time is half a month, of course, it varies from region to region. After the approval of the bank, after obtaining the approval of the issuance, the transfer procedures will begin.
5. The parties to the real estate transfer shall pay the relevant taxes and fees in accordance with the regulations;
6. The real estate management department shall issue the transfer form.
After completing the above formalities, both parties shall obtain the real estate ownership certificate in accordance with the provisions of the Real Estate Management Law of the People's Republic of China by virtue of the transfer procedures.
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Legal Analysis: The process is as follows:
1. Submit an application.
Within 30 days after the signing of the housing sales contract, both parties shall apply to the real estate management department with the real estate ownership certificate, the legal certificate of the parties, the transfer contract and other relevant documents, and declare the transaction**.
2. Review the materials.
When both parties submit the information, the real estate management department will review the relevant information provided by them and make a written reply within 15 days whether to accept the application.
3. Evaluate the property.
The real estate management department will verify the transaction ** declared by both parties, and conduct on-site investigation and evaluation of the transferred house as needed.
4. Pay taxes and fees.
The transfer of ownership of the house will incur certain transaction taxes and fees, and the parties need to go to the relevant departments to pay taxes and fees in accordance with the regulations.
5. Issuance of transfer slips.
After the application of both parties is approved, the real estate management department will issue a transfer order to the parties.
6. Collect the certificate.
After completing the above formalities, both parties shall obtain the real estate ownership certificate in accordance with the provisions of the Real Estate Management Law of the People's Republic of China by virtue of the transfer procedures.
Legal basis: Law of the People's Republic of China on the Administration of Urban Real Estate
Article 8 The transfer of land use rights refers to the transfer of State-owned land use rights (hereinafter referred to as land use rights) by the State to land users within a certain period of time, and the land users pay the land use right transfer fees to the State.
Nineth collectively owned land in the urban planning area, after being expropriated in accordance with the law into State-owned land, the right to use the State-owned land can be transferred for compensation, except as otherwise provided by law.
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Housing transfer is divided into inheritance transfer, transfer transfer, second-hand housing transfer and commercial housing transfer.
To handle the procedures for the transfer of the real estate certificate, you must go to the district or municipal notary office to notarize the inheritance right.
Handle the registration of the transfer of ownership of the house, and apply that the person is the heir or legatee.
Bequests are different from statutory succession and testamentary succession, and taxes need to be paid.
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The transfer of the house is directly handled by both parties, not through the intermediary way of transfer, both parties need to be on the spot, if both parties should judge that the prosecutor is married, both husband and wife must be present in Takano, even if there is only one name on the real estate certificate, the final transfer certificate must be signed on the two people.
2.Bring the materials to the room.
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To go through the housing transfer procedures, the homeowner needs to obtain the property right of the house, and if there is a house, the certificate, the land certificate, and the housing loan is paid off without collateral. Then the registrant of the real estate certificate, the co-owner and the transferee shall apply for the transfer of ownership together with their respective ID cards, books, marital information, and the above three housing certificates. "Housing Registration Measures":
Article 4 Housing registration shall be handled by the housing registration agency where the house is located. The term "housing registration agency" in these measures refers to the municipalities directly under the Central Government, cities and counties, and the competent departments of construction (real estate) or the departments in charge of housing registration set up by them to return to the machine that is responsible for the registration of the house. Article 13 The co-owners of a co-owned house shall jointly apply for registration.
The registration of a change in the ownership of a co-owned house may be applied for by the relevant co-owners, but if the application for housing registration is due to a change in the nature of the co-ownership or the share of the co-owners, the co-owners shall jointly apply for it. Article 32 In the event of any of the following circumstances, the parties concerned shall apply for registration of the transfer of ownership of the house after the relevant legal documents take effect or the facts occur:
a) Buying and selling; b) interchangeable;
3) gifts; 4) Inheritance and bequest;
5) The division or merger of houses leads to the transfer of ownership;
6) Investing in shares with housing contributions;
7) The division or merger of legal persons or other organizations leads to the transfer of ownership of houses;
8) Other circumstances provided for by laws and regulations. Article 33 The following materials shall be submitted to apply for registration of the transfer of ownership of a house:
1) Application for registration;
2) Proof of the applicant's identity;
3) Certificate of ownership of the house or certificate of real estate ownership;
4) Materials proving the transfer of ownership of the house;
5) Other necessary materials. Paragraph 1 of the preceding paragraph.
4) The materials may be exchange contracts, gift contracts, bequest certificates, inheritance certificates, division agreements, merger agreements, effective legal documents of the people's courts or committees, or other materials proving the transfer of ownership of the house.
Urban Real Estate Management Act
Article 60: 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.
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Legal Analysis: The process of handling the procedures for the transfer of ownership of the house:
1) Sign the "Housing Sales Contract";
2) to apply to the real estate transaction management department and accept the review;
3) Go through the formalities of signing the deed and paying taxes and fees;
4) The two parties to the transaction shall complete the registration of the change of old property rights in the real estate transaction management department.
Legal basis: Provisions on the Administration of Urban Real Estate Transfer》 Article 7 The transfer of real estate shall be handled in accordance with the following procedures:
1) The parties to the real estate transfer sign a written transfer contract;
2) Within 90 days after the signing of the real estate transfer contract, the parties to the real estate transfer shall apply to the real estate management department where the real estate is located with the real estate ownership certificate, the legal certificate of the parties, the transfer contract and other relevant documents, and declare the transaction**;
C) the real estate management department to provide the relevant documents for review, and within 7 days to make a written reply on whether to accept the application, within 7 days not to make a written reply, deemed to agree to accept;
4) The real estate management department verifies the transaction of the declared mu burial, and conducts on-site investigation and evaluation of the transferred real estate as needed;
5) The parties to the transfer of real estate shall pay the relevant taxes and fees in accordance with the regulations;
6) The real estate management department shall go through the registration procedures for housing ownership and issue the real estate ownership certificate.
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Conveyancing process.
1. If the transfer of the real estate certificate does not go through the real estate agency, the terms of the contract and the terms of breach of contract must be clearly written, and the party with the name on the seller's real estate certificate must be present when signing the contract (if it is married, both husband and wife need to be present and sign, even if there is only one person's name on the real estate certificate).
2. After the application materials are ready, you must go to the real estate bureau to fill in some ** and a stock contract, and the amount on the stock contract must be the same as the amount on the signed contract.
3. After the application materials for the transfer of real estate are handed over to the Real Estate Bureau, the Real Estate Bureau will give a receipt to pay the tax according to the date stated on the receipt form, which generally takes about 15 working days.
4. After the real estate transfer tax is paid, you can get the real estate certificate.
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My situation is a little bit special because someone else owes my boyfriend money for the project and is going to transfer the house to my boyfriend's family but we are not married yet, will this affect or do I need any other formalities?
In this case, you can transfer the ownership according to the gift.
It doesn't matter what your relationship with the other person is.
1. Business tax. According to the relevant provisions of the current Provisional Regulations on Business Tax and its implementation rules, if a unit or individual donates immovable property or land use rights to other units or individuals free of charge, it shall be deemed to have a taxable act, and in principle, the donor is required to pay business tax, and the tax rate for paying business tax is 5%. 2. Additional tax.
The additional tax is borne by the donor, and will only be levied under the premise that business tax, value-added tax and other taxes need to be levied, and it will be paid according to a certain proportion of the business tax payable, the specific proportion is: urban construction tax (7%), education surcharge (3%). 3. Deed tax.
The recipient of the donated property is required to pay the deed tax in full, at the rate of 3%. 4. Stamp duty. It means that if the full amount is to be paid, the two parties to the contract shall pay according to the proportion of the house.
5. Individual income tax. The donation of real estate between close relatives and persons with a relationship of support or support, as well as the acquisition of real estate by inheritance or bequest, shall be exempted from individual income tax.
The donated immovable property needs to be registered for transfer to take effect, and the materials required for transfer registration are: registration application; Identification materials and power of attorney of the applicant and ** person; Relevant proof of real estate ownership**, proof of registration reason, real estate ownership certificate; Materials such as the boundary of the real estate, the spatial boundary, the area, etc.
Question: Is it correct to pay all five taxes?
Ask a question: Okay, thank you.
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Is it just a transfer?
I'll give it to you carefully, refuse to copy and paste, purely manual.
Sign the contract. Get a loan at home.
Tax audit (5 days can be down).
Pay taxes (at the same time on the day).
Handle the transfer of ownership. On the day of the transfer, bring the real estate certificate, household registration book, ID card, sales contract, and marriage certificate.
Under the family belt, household register, ID card, sales contract, marriage certificate, deed tax payment certificate, he to the power of the certificate. )
Birth certificate. 22 working days, the same day can not be issued the birth certificate,)
Lending. Handover.
The property was renamed, the water and electricity were settled, and the gas was transferred. )
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The transfer of second-hand housing needs to be handled.
1. Registration requirements: Application for registration of transfer of house ownership (original copy to be retained); Proof of the applicant's identity (check the original and keep the copy); Certificate of ownership of the house (original copy retained); Gift contract (original retained); Deed tax payment certificate (check the original). If there is a record in the mortgage registration or the mortgage advance registration, the transfer of the house shall be subject to the written consent of the mortgagee. The transfer of a farmer's residential house on a homestead shall be subject to the written consent of the villagers' committee.
2. Time limit for registration The registration agency shall complete the review within 30 days from the date of accepting the application for housing transfer registration. 3. What are the things that are required for the transfer of real estate? Housing ownership certificate, house owner ID card, house sales contract, deed tax payment certificate, etc. are required.
You can go to the housing authority where the house is located to complete the transfer procedures.
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Procedures required for the transfer of ownership of the house: 1. Sign the contract; 2. Bring relevant information for transfer registration and wait for review; 3. Pay taxes and obtain tax payment certificates; 4. Obtain the real estate certificate and complete the transfer.
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You need to go through the transfer procedures at the local real estate transaction center with the purchase contract and purchase invoice, the real estate certificate of the other party and your ID card, household registration book and other documents.
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