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How much tax should I pay for the house donation and transfer?
The transfer of real estate refers to the procedures for the change of housing property rights obtained by means of transfer, sale, gift and inheritance. , and in the housing ownership registration center.
1. What is the transfer fee for the donated property?
1. signing the confirmation letter: at least all the work and miscellaneous expenses should be collected when signing the power of attorney, including the survey fee, the notary fee for each 50 yuan below 100 square meter, and the book search fee of 100 yuan.
2. Appraisal: The appraisal fee is 5‰ of the real estate assessment price, but at least RMB 65,438+0,000 is charged for each case. Because it is a gift business, the evaluation price is usually lower than the market price.
3. Handling gift notarization: the gift notarization fee is 2% of the appraisal price.
4. Paying taxes and fees: It is complicated for the Housing Authority to register gifts. After arriving at the Housing Authority, re-evaluate the property, including: the deed tax is 3% of the housing authority's evaluation price; Stamp duty is 0.5% of the appraisal price of the Housing Authority; Registration fee for transfer of real estate rights per 80 yuan.
Second, what are the procedures for real estate gift?
1, the donor and the donee sign a written house donation contract, that is, a donation letter.
Step 2 handle notarization
According to the Joint Notice of the Ministry of Justice and the Ministry of Construction on Strengthening the Notarization of Real Estate Registration Management, housing gifts must be notarized. The notarization of the gift shall be accepted by the notary office of the donor's domicile or the place where the gift occurs. The gift of real estate can also be accepted by the notary office where the real estate is located.
3. Go through the registration formalities of house ownership transfer.
When applying for registration of change to a real estate management institution, a house donation party shall submit the following documents:
(1) application form for house donation;
(2) Property ownership certificate (some houses provide * * * with * * ownership certificate);
(3) floor plan of apartment type;
(4) notarized certificate of house donation;
(5) A copy of the ID card or household registration book of the donor and the recipient (check the original);
(6) deed tax receipt.
4. The donor delivers the house to the donee.
The delivery here is subject to the registration of property right transfer. If the transfer of property rights has not been registered, but a written gift contract has been concluded between the parties, and the donor has given the original certificate of property rights to the donee, it shall also be regarded as a gift, and then the transfer formalities shall be handled.
3. Can the donated property be recovered?
Since the donated house has been registered, the ownership of the house has been legally transferred from the donor to the recipient, so the gift cannot be revoked casually. Moreover, according to the law, a gift contract that has been notarized or has the nature of morality, poverty alleviation and disaster relief cannot be revoked before the transfer of rights, but this is not absolute. According to Article 192 of the Contract Law, if the donee is under any of the following circumstances, the donor can still cancel the gift even after the transfer registration:
(1) seriously infringes on the donor or the donor's close relatives;
(2) Failing to perform the obligation to support the donor;
(3) Failing to perform the obligations stipulated in the gift contract.
The donor's right of revocation shall be exercised within one year from the date when he knows or should know the reason for revocation. If the donee thinks that there is no such revocable situation, he can claim his legitimate rights and interests to the court; If the donor thinks he has the right to return the house, he needs to prove that the donee has the above situation. If it is difficult to investigate and collect evidence, he can hire a lawyer to help solve the dispute. I hope the above contents are helpful.
Legal objectivity:
According to the relevant laws and regulations, both parties to the house donation should conclude a written donation contract, which does not take effect immediately after signing, but only after the donor actually delivers the donated house to the donee and the donee accepts the donated house can the civil legal act of house donation be completed and the contract take effect. House gift, like house sale, belongs to the transfer of ownership. According to the Regulations on the Administration of Urban Private Houses, all certificates should be submitted for the registration and transfer procedures. 1. How much should I pay for the house gift? Transfer fee (1) First of all, the notarization fee for house donation is 2% of the total income, but not lower than that of 200 yuan. (2) The second is the taxes and fees in the process of handling. It mainly includes: deed tax, which is 3% of the appraisal price of the Housing Authority; Stamp duty, which is 0.5% of the appraisal price of the Housing Authority; Registration fee for transfer of real estate rights, 80 yuan per piece (65,438+00 yuan will be added for each additional donee). The above three items are generally paid by the donee. (3) Policy fee: 65,438+0. Deed tax: The deed tax rate is determined by the provincial government according to the actual situation in the region within the scope of deed tax rate, which is 1.5% for ordinary houses and 3% for high-grade houses (the price is more than double the average price of commercial houses in the previous year or the area is more than140m2). 2. Residential special maintenance fund: 5%~8% of the local residential construction and installation project cost per square meter. 3. Stamp duty: five ten thousandths of the transaction price of the house. 4. Stamp duty on real estate license. 5, housing property registration fee. 6. Housing ownership certificate cost. Two. House donation transfer procedures 1. The house donor and the recipient conclude a written house donation contract, that is, a donation book. According to the regulations, the house gift must be in writing. 2. The parties to the house donation shall pay the relevant taxes and fees according to the regulations with the building ownership certificate, gift contract and other materials. 3. notarization. According to the relevant regulations of the state and this municipality, the house gift must be notarized. 4. Go through the registration formalities of house ownership transfer. The parties to the house donation apply for transfer registration in the real estate trading center where the house is located. 5. The donor delivers the house to the donee. The delivery here is subject to the registration of property right transfer. If the transfer of property rights has not been registered, but a written gift contract has been concluded between the parties, and the donor has given the original property right certificate to the donee, according to the provisions of the Supreme People's Court, the gift shall also be deemed to be established.
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