What is the difference between house donation and transfer? In fact, donation is a kind of disposition behavior, which belongs to the owner of the property to dispose of his property freely. Donation is a civil legal act of house transfer. The transfer of ownership is a kind of public behavior, which is only a registration publicity function. The following small series take you to understand the difference and cost of house donation and transfer.
1. Differences in definitions:
The right of inheritance stipulated by law is only a kind of expectant right enjoyed by the successor. If the decedent does not die, the inheritance relationship will not happen. Only after the death of the deceased, the inheritance right will become the vested right. In order to realize the right of testamentary succession, there must be a legal will made before the decedent's life and the decedent has died, otherwise the relationship of testamentary succession will not happen.
Living parents are willing to give property to their children. This behavior is not called inheritance, it is called living gift. The inheritance obtained by the successor according to law must be the legal property owned by the individual before the decedent's life or other lawful property rights and interests that can be inherited according to law.
We can't inherit the common property of the family, the joint property of husband and wife and the property of partnership without division. All illegally acquired property shall not belong to the estate and shall not be inherited.
2. Differences in taxes and fees:
If a person donates real estate free of charge, he / she should pay full contract tax (the current tax rate is 3%). In most cases, 20% of personal income tax should be paid for house donation. However, personal income tax is exempted in three cases of donating to immediate family members, caregivers or supporters, and inheritors of housing estate according to law.
There are two situations in which an individual inherits real estate by will or by law
① If the legal heirs (including spouses, children, parents, brothers and sisters, grandparents and grandparents) who inherit the ownership of land and housing as stipulated in the inheritance law, no deed tax shall be paid;
② In addition, the property registration fee should be collected on a piece by piece basis.
3. The advantages and disadvantages are as follows
1) Donation before death: the advantage lies in that the property can be transferred immediately and the recipient can have the ownership of the house immediately; However, the disadvantages lie in that the donation before death needs to pay more taxes, full contract tax and stamp tax, and in most cases, 20% of individual income tax is required, except for the cases of donation to immediate family members, caregivers or supporters, and legal successors of housing estate.
2) Testamentary succession: testamentary succession of property ownership refers to the fact that the property shall be owned by the inheritor in his will, and the successor obtains the ownership of the house according to the will.
The advantage lies in paying less tax and only paying property registration fee, which is charged on a piece by piece basis. The disadvantage is that the inheritor has to deal with the property right after the death; And even if the will made by the deceased has been notarized, but after the death of the deceased, the housing registration department still requires other heirs to be present when handling the property transfer. Unless other inheritors can not provide other notarized wills, the validity of the notarized will will will be recognized.
Therefore, it is more complicated and difficult to obtain the ownership of the house according to testamentary succession than to give the house property before death.