For most families, the house is generally left to their children and other immediate family members, so many people choose to transfer the house to their children in advance in order to save tax, or even to avoid the inheritance tax in the future. Is there a big risk after the house is transferred to their children? How to deal with the transfer procedures after the court judgment?
First of all, it seems illogical and unreasonable for parents to "sell" their houses to their children. However, many people choose the way of transfer of ownership in order to save money. Let's take a look at the taxes that need to be paid in this case.
According to the notice on adjusting the preferential policies of deed tax and business tax in real estate transactions jointly issued by the Ministry of finance, the State Administration of Taxation and the Ministry of housing and urban rural development on February 19, 2017, the taxes required for house sales and transfer are as follows:
In the part of personal income tax, the policy has not been adjusted. Still in its original form.
1、 It is levied at 20% of the difference between the sales revenue and the cost price.
2、 The house without original value certificate should pay income tax = housing transfer income & times; 1%.
For those who have lived for five years and are the only residence of the family, the tax is not levied. However, for different cities, due to different trading habits and behaviors, the specific standards can be consulted with the local real estate transaction management department.
Secondly, although the name is "sell", but no housing money, the cost is mainly various taxes. Moreover, the cost of deed tax is much lower than that of gift. In this way, it seems that the tax cost of the transfer is much less, but because the house payment is not paid, so in law, this act is actually a gift.
So the problem is, if the children are married, the gift belongs to the couple's common property, so the parents actually give the house to the couple.
Thirdly, if the parents transfer the ownership of the house to their children, or if the children are unfilial or sell the house, where will the parents settle down in the future?
Once the house is transferred to the children, the parents will lose the real right to the house, including the right of possession, so it is not uncommon for the children to blow the elderly out of the room in the future.
Therefore, children are at risk and the transfer of ownership should be cautious.
How should the court handle the property transfer procedures?
We can all know that there should be certain procedures to be handled during the transfer of real estate. Today, let's take you to understand in detail how the court decides that the real estate transfer procedures should be handled? According to the relevant policies and regulations, the parties should hold the ID card and the ruling, and go to the relevant departments to handle the transfer procedures. Look down in detail.
How to handle the transfer procedure of the real estate after the court judgment
According to the law, if the court decides to transfer the ownership of the house, the party concerned shall go to the housing management department for the transfer registration procedures, that is, the transfer procedures, with the identity certificate, the court ruling document, the original house ownership certificate (co ownership certificate) and other information. If the parties concerned do not cooperate with the new housing owner to go through the registration procedures, the new housing owner may apply to the court for compulsory execution, and the court shall serve the assistance document to the housing management department. After that, the new housing owner may unilaterally hold the above information to the housing management department to go through the transfer procedures. However, if the original holder fails to hand over the original house ownership certificate (co ownership certificate) for some reason, so that the new house owner is still unable to go through the house ownership procedures, the transfer procedures can be handled according to the following procedures:
When the obligee (applicant) is an individual, please submit the application for announcement to the Legal Affairs Section of the municipal housing property registration center with the identity certificate, and submit the original and copy of the court's ruling (judgment), the identity certificate (if it cannot be handled in person for some reason, the notarization power of attorney and the client's identity card) respectively.
When the obligee (applicant) is a unit, please take the unit introduction letter to the Legal Affairs Section of the municipal housing property registration center to submit the application for announcement, and at the same time submit the court's ruling (judgment), the original and copy of the agent's identity certificate.
If the transaction is concluded through the auction procedure, the power of attorney and the confirmation of the auction transaction of the auction house entrusted by the court shall also be submitted.
The Legal Affairs Section shall draft the announcement and report it to the leader for issuance within 30 days after accepting the application for announcement. After you (unit) pay the advertisement fee to the newspaper, the section will help you (unit) publish the above announcement in the newspaper. After that, the full page newspaper will be put on file, and you can get the newspaper free of charge from the section.
After the expiration of the time limit specified in the newspaper announcement, if the holder still fails to hand over the house ownership certificate (co ownership certificate), you (unit) can take the original information and the full page newspaper of the announcement to the housing management department (military products, foreign-related products, public housing listed to the city housing property registration center, others to the District Housing Management Bureau where the real estate is located) to apply for housing ownership registration.
After understanding, we will be able to know where our procedures should go, what materials should be prepared, and how to handle them. This will remind those who want to handle the real estate transfer, and solve some of their problems. The court will decide how to handle the real estate transfer procedures, and how to prepare relevant materials for you Many.
What are the procedures and fee standards for the transfer of second-hand real estate?
The rapid development of the mainland property market is almost abnormal. No matter how urgent the real demand for houses is, the actual ability to buy houses will cause more and more people to turn their eyes to the second-hand housing market. However, the buyer and the seller should at least know what procedures and fee standards are needed for the transfer of second-hand real estate. The procedures needed for the transfer of second-hand real estate are the sales contract and the certificate of property right. If it is the cost, it is about 50 yuan.
What are the procedures and fee standards for the transfer of second-hand real estate?
1、 Procedures required
① Second hand house ownership certificate;
② Second hand housing sales contract;
③ The original and copy of ID cards of both parties in the second-hand house;
④ Application for registration of ownership of second-hand housing (received at the receiving window).
Note: 1. If a unit purchases a private house, it also needs to submit the original and copy of the qualification certificate (business license or organization code) of the legal person or other organization of the unit (seal), the power of attorney of the legal representative of the unit (get it at the receiving window), and the original and copy of the ID card of the trustee;
2. In case of non residential transfer, the second-hand housing land use right certificate shall be submitted;
3. If the parties can not handle it in person, they need to issue a power of attorney or notarial certificate, and the trustee needs to issue an ID card;
4. If the second-hand house has been leased and the purchaser is not the lessee, the certificate of the lessee's waiver of the preemptive right shall be submitted;
5. If there are co owners, the certificate of CO owner's consent to sell and the certificate of CO ownership shall be issued;
6. If the judgment is made by the court, the court judgment and the notice of assistance in execution shall be issued.
2、 Transfer fee
1. Real estate transfer transaction fees: since March 1 this year, the transaction fees have changed from the original calculation by set to 5 yuan per square meter, with the seller bearing 50% of the cost.
2. Real estate transfer contract stamp duty: 0.05% of the transaction amount of the house property transfer shall be paid, and the Seller shall bear 50%.
3. Real estate transfer deed tax: the payment of deed tax is calculated according to 0.75% of the actual transaction amount of the house. It is agreed by the buyer and the seller who should bear it. In the actual operation process, it is generally borne by the buyer.
4. Stamp duty on property ownership transfer certificate: 5 yuan / copy. 5、 Registration fee: if the house belongs to personal property, 100 yuan / piece; if the house belongs to other property, 200 yuan / piece.
5. Transfer fee: 50 yuan / set.
6. Transfer fee: 50 yuan / set. House area: 95.55 square meters
The time required for handling the property transfer procedures after the transfer, the property is registered in the name of the buyer, but it will take some time to get the property certificate. This period of time is different according to different organs. Generally, it takes about 7 working days. Some houses need to go to the Municipal Construction Committee to apply for land certificate, but the whole time of applying for land certificate takes about 40 days.
What procedures and fee standards do you need for real estate transfer in the above materials are aimed at the current popular second-hand real estate transfer, but when you prepare the procedures, you must combine the reasons for real estate transfer, such as gift and divorce. The procedures for real estate transfer are different, such as second-hand house sales contract, house ownership certificate and ID card of both parties This is the second-hand housing transfer must be prepared materials, in terms of fees, the Housing Authority around the fees are not the same.