House sales transfer has always been a big problem, so how to deal with the transfer of real estate between father and daughter? What is the temporary exemption of business tax? The transfer of ownership between father and daughter is a kind of gift transfer. You need to bring relevant information to the local real estate management agency to go through the formalities. Let's have a look.
1. When handling the procedures of house donation and transfer, the following materials shall be submitted:
(1) Original registration application form;
(2) Identification of the applicant;
(3) Original house ownership certificate;
(4) Original notarial certificate of donation agreement, or original notarial certificate of donation and written document of accepting donation;
(5) Original certificate of deed tax payment or tax reduction or exemption;
(6) Two copies of house registration form and house property plan;
(7) If the public housing has been purchased and donated, the certificate of land income and the certificate of housing price difference (public housing with standard price and preferential price) shall be submitted;
(8) If the family who has purchased the affordable housing has obtained the deed tax payment certificate or the house ownership certificate for five years, the affordable housing or the limited price commercial housing shall be donated, and the land income certificate shall be submitted.
2. Gift transfer fee
Donation transfer is exempt from business tax and personal income tax, but notarization fee and deed tax are required. Other fees are the same as normal transfer. It is recommended to consult the local real estate management agency.
Extended information:
Notice of the Ministry of Finance and the State Administration of Taxation on some tax exemption policies for business tax on sales of personal financial commodities
Article 2 if an individual donates real estate or the right to the use of land free of charge under any of the following circumstances, business tax shall be temporarily exempted:
（1） Divorce property division;
（2） Free donation to spouse, parents, children, grandparents, grandparents, grandchildren, grandchildren, brothers and sisters;
（3） A gratuitous gift is given to a foster or supporter who bears the obligation of directly supporting or supporting him;
（4） If the owner of the property right of the house dies, the legal successor, testamentary successor or legatee who has acquired the property right of the house according to law.
Detailed rules for the implementation of the Provisional Regulations of the people's Republic of China on deed tax
Article 4 the tax basis of deed tax: (2) the donation of the right to the use of land and the donation of houses shall be determined by the collection authority with reference to the market price of the sale of the right to the use of land and the sale of houses.
Notice of the Ministry of Finance and the State Administration of Taxation on personal income tax related to individual housing free of charge
Article 1 no individual income tax shall be levied on both parties in the following cases of gratuitous donation of house property rights:
（1） The owner of the house property right donates the house property right to his spouse, parents, children, grandparents, grandparents, grandchildren, grandchildren, brothers and sisters free of charge;
（2） The owner of the property right of the house donates the property right of the house free of charge to the fosterer or supporter who bears the obligation of direct support or support;
（3） If the owner of the property right of the house dies, the legal successor, testamentary successor or legatee who has acquired the property right of the house according to law.