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Legal Analysis]: The transfer costs are as follows;
1) Deed tax; For first-time buyers of less than 90 square meters, 1% shall be paid; 90-140 square meters are paid at 1% of the house price; More than 140 square meters shall be paid at 3% of the house price;
2) Business tax: exempted for five years after the acquisition of house property rights;
3) Land Appreciation Tax; Exemption for five years after the acquisition of the property right;
4) Income tax: exempt for five years after the acquisition of house property rights;
5) Housing transaction fee;
6) Housing property registration fee: RMB;
7) Housing appraisal fee.
The house transfer fee is to pay the money for the purchase of the house according to 1, which is the deed tax; The same goes for income tax; Then the handling fee is paid according to the house 6 square meters; Property registration fee 80; The appraisal fee is based on the appraised amount. These add up to the costs you need to pay, and these are the closing costs.
Legal basis]: Civil Code of the People's Republic of China
Article 209 The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.
The ownership of natural resources that belong to the State in accordance with the law may not be registered.
Article 210 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 657:A gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift.
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Handling fee: 6 yuan square meter for residence, 10 yuan square meter for non-residence, and half of the buyer and seller are required to bear it.
Registration fee: 80 yuan for general real estate residences, and the buyer shall bear it.
Land money: It is generally collected at the time of transfer and is levied at 2% of the normal transaction price of the house. Seller's assumptions.
Verification fee: 50 yuan. Deed tax to be paid for the transfer of second-hand housing:
The tax rate is 3%, calculated and levied according to the normal transaction **, and the deed tax rate of the self-used general residence (construction area below 144 square meters, floor area ratio above, and transaction **4290 square meters) purchased by themselves is halved, and the deed tax rate is levied on the residents who purchase real estate from scratch due to demolition and relocation of some of the equivalent of demolition compensation, and if the transaction exceeds the demolition compensation, the deed tax will be levied on some of the exceeding. Buyer assumes.
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The transfer fee for buying a house mainly includes the following absolute guesses:
1) Deed tax; It is paid by the buyer and charged at 1% to 3% of the total price of the house, and for the first ordinary house with a construction area of less than 90 square meters and is the first ordinary house, it will be charged according to 1% of the total amount of the house with an area of more than 90 square meters but less than 144 square meters, it will be charged according to the total amount of the house, and if the area is more than 144 square meters, it will be charged according to 3% of the total amount of the house.
2. Stamp duty.
It shall be borne by the buyer and seller and shall be collected according to the payment of the house.
3. Transaction fees.
It is shared by both the buyer and the seller, and most cities are charged at 3 yuan per square meter.
4. Business tax.
According to the total amount of the house payment, if the real estate certificate has been completed for two years, it can be exempted from the business tax.
5. Individual income tax.
There are two ways to pay, one is charged according to 20% of the profit part of the transaction, or 1% of the total amount of the house payment, if the ** house is the seller's only house, and it can be exempted from personal income tax for 5 years. Jiwu real estate encyclopedia, more must know to buy a house.
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The transfer fee for buying a house is mainly composed of the following parts:
1. Deed judgment round tax.
For the first purchase of ordinary housing, 1% to 3% of the total amount of the house will be charged, and the area of the house is also less than 90 square meters, according to the total amount of the house to 1%, 90 square meters to 144 square meters, according to the total amount of the house, and more than 144 square meters will be charged according to 3% of the total amount of the house.
2. Business tax.
If the house does not meet the requirements for two years, the sales tax will be charged according to the house price, and the business tax will be paid by the seller.
3. Individual income tax.
When the property ownership certificate of the house has been satisfied for 5 years and is the only house, it can be exempted from individual income tax, and if the above conditions are met, the individual income tax shall be levied according to 1% of the house price or 20% of the difference between the two times.
4. Housing transaction fee.
According to the building area of 6 yuan square meter payment.
5. Housing property registration fee.
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Many people don't really understand what it means, in fact, it is simply about the transformation of the house into another person, but this usually requires a certain fee to be paid in the process, so how to calculate the transfer fee for buying a house? The following is to introduce to you how to calculate the transfer of buying a house for your reference!
1. How to calculate the transfer fee for buying a house.
For example, let's take an example: Xiao Ming's house purchase ** is 300,000 yuan, less than five years, 80 square meters, and he is now going to transfer the house to Xiaohong. The house transfer fee is the money for the purchase of the house, and the deed tax is paid according to 1%; The same goes for income tax; Then the handling fee is paid according to the house 6 square meters; property registration fee of 80; The appraisal fee is based on the assessed amount.
These add up to the costs that should be paid, and these are the closing costs.
2. Precautions for buying a house and transferring ownership.
1. Check the documents carefully. During the transaction, the buyer should confirm whether the seller's documents are available, and at the same time, the sales contract must be signed by the co-owner on the property right certificate to be effective, and it is forbidden to sign on behalf of the seller or omit to sign.
2. Determine the costs. The fees involved in the whole transaction process are not charged at one time, so it is important to determine the detailed expenses as much as possible in advance to prevent the addition of miscellaneous expenses in the middle of the process.
3. Ask a professional. It is recommended to invite professionals or standardized real estate intermediaries to be the parties to the transaction and the settlement of the funds and houses to ensure that the transfer can be carried out smoothly after the payment is made, or to ensure that the house payment can be paid off after the transfer.
4. Check the condition of the house. Buyers should check the status of the property and check whether the property is still under mortgage to ensure that there will be no problems during the transaction and occupancy.
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According to the different circumstances of both parties to the transaction, the specific tax details are as follows:
1. Deed tax: 1. The buyer shall pay 1% for the property below 90 square meters for the first time;
2. The buyer's first purchase of a property of more than 90 square meters (including 90 square meters) and less than 144 square meters shall be paid according to the payment;
3. In the following cases, pay 3% of the conglomerate:
1) 144 (including 144 square meters) square or more;
2) the buyer is not a first-time buyer;
3) garage; 2. Business Tax:
1. After the real estate certificate has been completed 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;
3. Individual income tax:
1. The real estate certificate has been completed for five years, and it is the only set of real estate under the name of the seller's husband and wife who are exempt from individual income tax;
2. If the seller's husband and wife are not the only real estate or the real estate certificate is less than 5 years, they shall pay 1% of the property;
Fourth, other expenses are relatively small:
Transaction fee: 6 yuan square * number of square houses
Cost of production: 80 yuan for one certificate; A total of 20 warrants;
Appraisal fee: 5/1000 of the total amount assessed (bank loan needs to be paid);
Mortgage cost: 100 yuan (bank loan needs to be paid);
Proof of house purchase: 20 yuan a copy, generally need to open 3 copies.
Article 61 of the Law on the Administration of Urban Real Estate to obtain land use rights by way of transfer or allocation shall apply for registration to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the people at the same level after verification by the land management department of the old people's land at or above the county level.
If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate.
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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