How to handle property inheritance procedures in Fujian Province, please give a brief answer according to the following situation.

Do you have to pay 3% deed tax for the gift?

Give me a case. Look at it.

My sister needs to pay 3% deed tax according to the appraised value of the house when she gives it.

My sister has settled abroad and has a house for her, but how to go through the formalities of real estate gift? What fees do I need to pay? These questions raised a question mark in the heart of Ms. Lin, a citizen of Quanzhou, and she did not find the answer for a long time.

In fact, not only Ms. Lin, but also the gift of real estate, many people often encounter the same confusion in real estate transactions. For example, whether the tax on real estate gift is high or low, and how to handle the specific transfer procedures have attracted much attention. In addition, the problems that will be involved in future real estate transactions are also unknown. With these questions, the reporter interviewed relevant people in the industry and answered them for readers.

It can be said that real estate gifts are not uncommon in Quanzhou, and it can also be said that the number is considerable. According to a real estate agent in Quanzhou, in the second-hand housing transactions in Quanzhou last year, there were more than 100 real estate gift procedures handled through the trading center, accounting for about 3% of all second-hand housing transactions, and this figure only included Fengze District, Licheng District and Meng Qing Development Zone, but did not cover Luojiang District.

What should I do to send the property to my sister?

Real estate donation means that one party voluntarily gives his private property to another party for free, and the other party is willing to accept it. This behavior usually happens between relatives or friends.

Ms. Lin said that she is from Quanzhou and has no brothers at home, only two sisters. 10 years ago, my sister married her brother-in-law who was doing business abroad and immigrated with her husband after marriage. Under normal circumstances, my sister goes back to China twice a year, and her elderly parents are taken care of by Ms. Lin. She also rented a three-bedroom apartment near the West Lake.

A while ago, my sister went back to China to visit relatives, saying that she couldn't take care of the elderly at home abroad. The property under her name was intended to be given to her sister, so that Ms. Lin could know how to go through the gift procedures, and she could go through the relevant procedures when she returned to China during the Dragon Boat Festival. "How should I go through the formalities? Do you need to prepare materials? " As soon as my sister left, Ms. Lin called our reporter.

You have to pay deed tax for giving away real estate.

What about the formalities? What's the charge? For Ms. Lin's question, Wang, director of Quanzhou Park Jung Su Real Estate Trading Department, who has more than 5 years' experience in real estate trading, will answer it for you.

Wang said, first of all, a written house donation contract, that is, a donation book, needs to be signed between the real estate donor and the donee. Then both parties will notarize the house gift with the gift certificate and real estate license to the notary office where the house is located, and then go through the formalities of property right change at the housing management department.

It should be noted that according to the relevant regulations of the state, if an individual donates the right to use real estate and land to his spouse, parents, children, grandparents, grandchildren, brothers and sisters for free, and bears the obligation of direct support or maintenance, business tax will be temporarily exempted. Then Ms. Lin and her sister are immediate family members and can be exempted from this part of the tax, but the housing management department needs to report to the tax department for approval before the property rights can be changed, so it will take some time.

As for the expenses, it mainly involves two sums. First, the notary fee. When both parties are present for notarization, the notary office will evaluate the property and then charge a notarization fee of 2% of the total income. The other is the deed tax of 3% of the assessed value of the house. If the appraised value of the house benefited by Ms. Lin is 500,000 yuan, she needs to pay the deed tax of10.5 million yuan.

Re-trading requires 20% tax.

Wang reminded that if the property is for self-occupation, it is ok to go through the formalities of property right change. However, most grantees often ignore a problem, that is, according to the relevant regulations of the state, if the donee transfers the property again after obtaining the property donated free of charge, it is necessary to pay personal income tax, which is as high as 20% of the appraised value of the house.

In real life, most people don't know this fee, so that when they check the files, they find that both buyers and sellers are unwilling to pay 20% gift tax, and some disputes have occurred. Therefore, from the perspective of property buyers, buying a second-hand house requires not only knowing whether the property ownership certificate is complete, but also knowing whether the property is a gift property and whether it involves gift tax.

Of course, there are also some grantees and donators who choose the normal transaction method of buying and selling houses without going through the gift formalities. Although this saves the gift tax, all taxes and fees in normal second-hand housing transactions need to be paid, including personal income tax and deed tax.

(Fang Zhangzhao Exhibition Series)

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