Parents' property will be left to their children sooner or later, which is a concept taken for granted by many Chinese people. At present, inheritance, gift and sale are the three main ways. Among them, inheritance can be handled only when the parents die. When the parents are alive, gifts or sales are generally used.
3% deed tax shall be paid for the first transfer of gift
Taxes and fees to be paid for property donation include deed tax, notarization fee and registration fee, among which the largest is deed tax, which is 3% of the house evaluation price. For a house with a market price of 1.2 million yuan, the deed tax is 36000 yuan.
If the children sell the house property certificate after two years and it is the only house, they can be exempted from business tax and personal income tax, and only need to pay a small amount of handling fee.
If the children sell the house less than two years after receiving the gift or the children have multiple sets of properties, according to this operation method, the children can only pay personal income tax according to the actual collection method, that is, 20% will be collected after deducting reasonable fees according to the transfer income, and 5.5% of the transfer income will be paid at the same time. Assuming that the children sell the house for 1.5 million yuan in the future, the tax that the father and son (daughter) need to pay in the process of two turnover may be as high as 400000 yuan.
If you change hands after two years of trading, you can pay less tax
If parents' sell 'real estate to their children, they need to pay personal income tax of 1% of the total evaluation price. Since the house property certificate is less than two years, the business tax of 5.5% of the value-added part has to be paid. Children need to pay 1% deed tax. They have to pay a total of 68000 yuan.
When the children transfer this house property again in the future, if they obtain the house property certificate for two years and it is the only house, the children only need to pay a small amount of transaction handling fee.
If the house property certificate is less than two years or has multiple houses, you need to pay 1% of the total personal income tax and 5.5% of the value-added part of the business tax. The tax for the two transactions is 99500 yuan.
It can be seen that if the children sell the house in the future without waiting for the house property certificate to be completed for two years, the way of sale between father and son (daughter) is cheaper than gift. If the children's house property certificate exceeds two years, they should sell this suite first and then buy a big house, which can save a lot of taxes and fees.
Inheritance tax is the most economical
Theoretically, leaving the house property to the children through inheritance is a way with the least tax. If there are no other considerations, you can handle the house property transfer after your parents die, and only need to pay a small amount of registration fee and stamp duty.
If the children obtain the house property certificate through inheritance and sell the house property after two years, and it is the only house, they can be exempted from individual income tax and business tax at the same time, and only need to pay a small amount of transaction handling fee.
Even if the house property certificate is sold less than two years, it only needs to pay 1% personal income tax and 5.5% business tax, with a total cost of 97500 yuan.
Inheritance does not need notarization
On July 5 this year, the Ministry of Justice issued a notice on Abolishing the joint notice of the Ministry of justice and the Ministry of construction on strengthening notarization in real estate registration management, which means that the 'notarization' link accompanying the inheritance of housing heritage for many years is no longer necessary. If the applicant applies for registration of a real estate acquired due to inheritance or legacy, the applicant shall choose whether notarization is required.
The procedures to be notarized are as follows:
Required materials: for the notarization of real estate inheritance, the notarial organ shall require the parties to fill in the notarization application form and submit the following certificates and materials: 1. The legal inheritance shall be submitted: 1. The applicant's resident ID card or household register and its copy; 2. If the agent applies on his behalf, the entrusted agent shall submit the power of attorney, ID card and its copy; Other agents shall submit certificates of agency qualification; 3. The property right certificate of the inherited property; 4. Death certificate of the decedent; 5. If the legal heir has died, the death certificate and kinship certificate shall be submitted; 6. Proof of the decedent's marriage, parents, children and relevant kinship; 7. Other certificates and materials that notaries believe should be submitted; 2、 The testamentary successor shall submit: 1. The certificates and materials to be submitted in accordance with items 1, 2, 3 and 4 of the preceding paragraph; 2. The will of the decedent; 3. If there is an executor, the identity card of the executor and its copy shall be submitted; 4. Other certificates and materials that notaries believe should be submitted.
After examination, the above certificates and materials are true and complete, and comply with the provisions of the rules of notarization procedure (Trial), the notary office shall accept, register and handle notarization.
Handling of house property certificate
If the applicant submits notarized materials (original) or effective legal documents (original), the registration shall be handled in accordance with the relevant provisions of the Interim Regulations on real estate registration and the detailed rules for the implementation of the Interim Regulations on real estate registration.
If the applicant fails to submit notarized materials or effective legal documents, the following procedures shall be followed:
1. (not notarized) application materials to be submitted by the applicant (original). Identity cards, residence booklets or other identity certificates of all heirs or legatees;
2. The death certificate of the decedent or legator, including the death certificate issued by the medical institution; The death certificate issued by the public security organ or the certificate of cancellation of household registration indicating the date of death; A written judgment declaring death by the people's court; Other materials that can prove the death of the decedent or legator;
3. Proof of kinship between all heirs or legatees and the decedent or legatee, including residence booklet, marriage certificate, adoption certificate, birth medical certificate, certification materials issued by public security organs, village committee, neighborhood committee, decedent or successor units, and other materials that can prove relevant kinship;
4. In case of relinquishing inheritance, a declaration of relinquishing the right of inheritance shall be signed at the office of the real estate registration authority in the presence of the personnel of the real estate registration authority;
5. If the successor has died, the subrogation successor or sub successor may refer to the above materials;
6. Materials of real estate rights enjoyed by the decedent or legator;
7. If the decedent or legacy has a will or legacy maintenance agreement before his life, all his wills or legacy maintenance agreements shall be submitted;
8. If the decedent or legator has an agreement on husband and wife property with his spouse before his life, a written agreement shall be submitted.
Before accepting the registration, all legal heirs or legatees shall jointly check the inheritance materials at the real estate registration authority where the real estate is located. The applicant shall sign the registration statement of inheritance (Legacy) real estate. The real estate registration authority may inquire about whether the heirs or legatees are complete, whether they are willing to accept or give up inheritance, whether there are objections to the content and authenticity of the real estate inheritance agreement or will, and whether the submitted materials are true, and make records, which shall be signed and confirmed by all relevant personnel.
After confirming the information of all heirs, before registering the real estate, the real estate registration department will also issue an announcement to publicize the property right change of the real estate. If an heir sees or knows in the future that the property he or she should inherit fails to inherit, he or she can also raise an objection to the real estate registration department for registration, There is no time requirement for objection registration, any time is OK, but it should be noted that after objection registration, a lawsuit should be filed with the people's court within 15 working days, otherwise the objection registration will be invalid.