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90 square meters need to pay a transfer fee of 40% of the appraised price of the land. The transfer fee is the transfer fee of the land use right, which is the compensation for the transfer of the land use right to the land user and the compensation collected from the transferee for the waiver of all the currency or other items and rights of the land use right for a certain number of years. State-owned land use right transfer money, also known as state-owned land use right transfer income, referred to as land transfer income or land transfer money, is the allocation of state-owned land use rights in the form of transfer and other ways to obtain all the land price, including the transferee to pay land requisition and demolition compensation costs, land pre-development costs and land transfer income.
The charging standard of land transfer fee is generally the following requirements:
The land transfer fee standard generally means that before the house is developed, the developer needs to pay the land transfer fee, and the amount paid usually has a fee standard.
1. According to the current regulations, there is no unified national standard for the collection of land transfer fees. Usually, the expropriation standard is determined by the local land value in each locality.
2. Generally, the levy coefficient is determined according to the reference price of the area where the property is located, the remaining life of the property, and the nature of the property.
3. The method of calculating the transfer fee is often used:
1) Transfer fee = building area on the real estate certificate * levy coefficient for the house reference ***;
2) Transfer fee = benchmark land price * apportioned land area * expropriation coefficient.
Legal basis: "Land Management Law of the People's Republic of China" Article 55 The construction unit that obtains the right to use State-owned land by way of transfer and other paid use shall pay the land use fee and other paid fees for the transfer of land use rights in accordance with the standards and methods stipulated in the law.
From the date of implementation of this law, 30 percent of the land use fees for new construction land shall be handed over to the treasury, and 70 percent shall be reserved for the people of the relevant localities. The specific use of management measures by the financial department in conjunction with the relevant departments to formulate, and submitted for approval.
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Taking a 90-square-meter house with a total price of 600,000 yuan, a property right of two years, and the first ordinary house, for example, the transfer of ownership is about 16,162 yuan.
Among them, the deed tax is 9,000, the business tax is exempted, the individual income tax is 6,000, the stamp duty is 300, the measurement fee is 122 yuan, the handling fee is 504, and the registration and certificate fee is 200.
First of all, you need to pay the deed tax, this part of the cost is paid by the buyer, if the first house under the name, the construction area is less than 90, according to the total price.
In the case of 90 square meters and above, but less than 140 square meters, it shall be calculated according to it.
If the deed tax exceeds 140 square meters or is a second purchase, the deed tax will be charged according to the total price.
The property rights of affordable housing are not the same as the property rights of commercial housing, which can be bought and sold freely, while affordable housing generally takes 5 years and can only be listed and traded after paying the land transfer fee. Moreover, in places like Jiangxi Province and other places, affordable housing cannot be listed and traded, and if it is to be sold, it can only be repurchased by **.
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Legal analysis: 90 square meters need to pay a transfer fee of 40% of the appraised price of the land. If there is an actual transaction price, and it is not lower than the average standard of the benchmark land price of the level, the transfer fee shall be calculated according to the standard of not less than 40% of the transaction price, and if the transaction price is lower than the average standard of the benchmark land price, it shall be calculated according to 40% of the total land price.
When the transferred land use right is transferred, it shall be calculated at 40% of the average standard of the benchmark land price. As an important part of the land transfer fee, it refers to the land management departments at all levels to transfer the land use right to the land user, and the total price of the land transfer charged to the transferee according to the regulations, refers to the total transaction amount of the land transfer, or the land use period expires, and the land user needs to renew the renewal of the land transfer price to the land management department, or the land user who originally obtained the land use right through administrative allocation, transfers, leases, mortgages, and invests the land use right for a fee. The land transfer price to be paid in accordance with the regulations.
Legal basis: Land Management Law of the People's Republic of China Article 39 Where land use rights are obtained by way of allocation, real estate transfer shall be reported to the people with the right to approve for examination and approval in accordance with the provisions of the People's Republic of China. If the people who have the right to approve approve the transfer are approved, the transferee shall go through the formalities for the transfer of land use rights and pay the land use right transfer fee in accordance with the relevant provisions of the state.
If the land use right is obtained by way of allocation, when the transfer of real estate is submitted for approval, the people with the right to approve decide that they can not go through the formalities for the transfer of land use right in accordance with the provisions of the transfer, and the transferor shall, in accordance with the provisions of the transfer, hand over the land income from the transfer of real estate to the state or make other dispositions.
Derivative question: Who pays the land transfer fee for the transfer of the house?
If the **** of the house is very cheap, then the seller can also negotiate with the buyer, after explaining the reason, if the buyer is willing to pay the land transfer fee at the time of transfer, then it is paid by the buyer. Therefore, when the house is transferred, it is also necessary to pay the land transfer fee according to the actual situation. In addition, the buyer and the seller also need to sign a purchase contract when trading the house, so as to better safeguard the legitimate rights and interests of both parties.
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