Job Recruitment Website - Property management - Do I have to pay for changing the owner's name?
Do I have to pay for changing the owner's name?
Failure to meet the standards of property services cannot be the reason why owners do not pay property fees. However, if there is a relevant agreement on property service standards when buying a house, you can collect evidence to complain about the property according to the non-compliance or expose it through the media. It is suggested to pay the property fee first, and then report the failure to the relevant departments or the media in order to gain social attention and protect rights more easily. Extended data:
Judging from the origin of laws and regulations, the Civil Code is a law designated by the National People's Congress and its Standing Committee. The Regulations on Property Management is an administrative regulation formulated by the State Council. According to the hierarchical effect of law, administrative regulations must obey the law, including the principles and provisions of legislation; Property management itself is a kind of entrusted contract relationship with equal subjects, not an administrative relationship between superiors and subordinates. In order to avoid ambiguity, property management was renamed as property service. According to the Decision of the Ministry of Construction on Amending the Measures for the Qualification Management of Property Management Enterprises (OrderNo. 164 in 2007), "Property service enterprises refer to enterprises established according to law, with independent legal personality and engaged in property management services." Me: the home of accountants.
1. The property right of the house is given free of charge, and neither party is subject to personal income tax: (1) The owner of the house property right gives the property right to the spouse, parents, children, grandparents, grandchildren, brothers and sisters free of charge; (two) the owner of the house property gives the house property to the supporter or the supporter who has the direct maintenance or maintenance obligation; (three) after the death of the owner of the house property, the legal heir, testamentary successor or legatee who has obtained the house property according to law. Dividing the house property right through divorce and property analysis is the disposal of the joint property of husband and wife. Personal income tax is not levied on individuals who go through the formalities of property right transfer due to divorce.
2. Individuals involved in the division of family property shall be exempted from value-added tax when transferring real estate without compensation. Family property division includes the following situations: divorce property division; Free gift to spouse, parents, children, grandparents, grandparents, grandchildren, grandchildren, brothers and sisters; Free gift to the supporter or supporter who has direct maintenance or maintenance obligation; If the owner of the house property right dies, his legal heir, testator or legatee shall obtain the house property right according to law.
3. According to the Reply of State Taxation Administration of The People's Republic of China on Deed Tax Issues Concerning the Inheritance of Land and House Ownership (Guo [2004] 1 036), "1.For the legal heirs (including spouses, children, parents, brothers and sisters, grandparents) stipulated in the Inheritance Law of People's Republic of China (PRC), 2. According to the provisions of China's "People's Republic of China (PRC) Inheritance Law", illegal heirs inherit the land and house ownership of the deceased according to the will, which is a gift and should be subject to deed tax. " According to the Notice of People's Republic of China (PRC) State Taxation Administration of The People's Republic of China on Several Specific Issues in the Implementation of Real Estate Tax Policy (Guo Shui Fa [2005]172), "4. The relevant provisions of the Notice also apply to the sale of houses obtained by individuals through non-purchase forms such as gift, inheritance and divorce property division. The purchase time is determined according to the purchase time before the division of gift, inheritance and divorce property, and the purchase price is determined according to the original purchase price before the division of gift, inheritance and divorce property. Individuals who obtain housing through non-purchase forms such as gift, inheritance, divorce property division, etc., need to hold their legal and effective legal documents and go through relevant procedures with the local tax authorities. "
4. Stamp duty: individuals selling or buying houses are temporarily exempt from stamp duty.
5. The following acts of inheriting and donating real estate are not subject to land value-added tax: (1) The property owner or the land use right owner donates the property right and land use right of the house to the immediate family members or the person with direct support obligation. (2) Real estate owners and land use rights owners donate housing property rights and land use rights to social welfare and public welfare undertakings such as education and civil affairs through non-profit social organizations and state organs in China. The above social organizations refer to China Youth Development Foundation, Hope Project Foundation, Soong Ching Ling Foundation, Disaster Reduction Committee, China Red Cross Society, China Disabled Persons' Federation, National Foundation for Ageing, Old District Promotion Association and other non-profit public welfare organizations approved by civil affairs departments.
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