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What expenses does the buyer need to bear when buying a second-hand house through an intermediary?
Second-hand housing buyers need to prepare money:
1. down payment: after the house is selected, the down payment is down payment, and the upper limit of this money is 20% of the total house price; The deposit is punitive, so two things must be determined before paying the deposit. One is to make sure that you can get a loan normally (as for whether you can get a loan, you can check my previous article).
The second is to determine the owner of the house, whether there are property rights disputes and whether there are debt disputes, which may affect the property rights of the house. If the follow-up goes smoothly, the deposit will become part of the house payment. If not, determine the ownership of the deposit according to the contract;
2. Down payment: The down payment of second-hand houses is quite different from that of new houses. There is a uniform minimum down payment standard for new houses everywhere. The total price of second-hand housing is affected by factors such as the age of the house, the evaluation price will shrink, the actual loan amount will shrink, and the down payment ratio will increase accordingly. Therefore, the down payment needs to be determined according to the specific house.
The lowest down payment is generally a new house, and the highest may be a super old house near an urban school, and even some loans may need to be repaid in full;
3. Deed tax: Deed tax must be paid. North, Guangzhou and Shenzhen implement independent standards. The first suite is less than 90 square meters 1%, over 90 square meters 1.5%, and the second suite is 3%. The tax base is online signing price or nuclear pricing (nuclear pricing is also called guiding price, and whoever is higher is the tax base);
4. Individual tax: when the house is not "full of five independent families", it involves individual taxes, and the collection standards of individual taxes vary from place to place;
As for the two calculation methods, which one is more cost-effective, it needs to be calculated according to the local property market. Generally, cities with relatively high housing prices have relatively high cost performance according to the price of online signing;
6. Value-added tax: the house has lived for two years and is exempt from this tax; When the house is less than two years old, you need to pay 5.65% value-added tax. According to the simple tax calculation formula, the online signing price is /( 1+5%)×5.65%. In some popular cities, value-added tax is also levied on non-ordinary housing for more than two years, and the calculation method is the same as above;
7. Agency fee: The agency fee is not fixed and is determined by the market. Usually, car owners can also bargain. Take a large intermediary in Beijing as an example, the standard intermediary fee is 2%, and the special intermediary fee will go up by 10%, plus 0.5% guarantee fee.
The total cost is between 2.5% and 2.7%. The proportion of this cost sharing also needs to be determined according to the local market. Generally, there are more buyers in cities with good market share, and many intermediaries in Beijing quote owners "the price at hand". In this case, the agency fee is often borne by the buyer in full;
8. Monthly down payment: buying a second-hand house means buying an existing house. The loan came down soon, and the first repayment was coming soon. Money should be prepared to avoid being caught off guard when the house is hollowed out;
9. Property fee: after the property is delivered, it is generally necessary to make up the property fee for one year;
10. Decoration fee: the decoration fee can be more or less, and it needs to be decided by yourself. However, in general, it will cost about10-300,000 just to install a house. Of course, some former owners of second-hand houses can pack their bags and stay in after being renovated, thus saving the money in a short time.
1 1. Some small expenses: from a practical point of view, the names of these expenses are uncertain, but they are roughly as follows: ownership registration fee, transaction fee, stamp duty, mortgage registration fee, contract notarization fee and evaluation fee (required for loans). Together, these expenses should be less than 10 thousand yuan.
Extended data:
Transfer fee:
(1) deed tax; Pay1%for the first purchase of a house below 90 square meters; 90- 140m2 shall be paid at 0.5% of the house price of 65438+; /kloc-3% of the house price for more than 0/40 m2 (3% for the second suite);
(2) Business tax: the property right of the house shall be exempted for five years, and 5.8% of the house price shall be paid for less than five years. To be borne by the seller;
(3) Land value-added tax; The property right of the house shall be exempted for five years. If it is less than five years, it shall be paid in advance according to the house price 1%, and calculated according to the progressive tax rate of excess rate, with more refunds and less subsidies. To be borne by the seller;
(4) Income tax: the property right of the house is exempted for five years, and if it is less than five years, it shall be paid at 1% of the house price or 20% of the difference between the original value and the present value of the house. (The original value of the house is generally calculated according to the last deed tax) borne by the seller;
(5) House transaction fee: paid by both parties according to the construction area of 6 yuan/m2;
(6) Housing property registration fee: 80 yuan. To be borne by the buyer;
(7) Housing appraisal fee: 0.5% of the appraisal amount.
Transaction procedure
Normal transfer procedure
(1) transaction tax
1. Business tax? (The tax rate is 5.6%, to be paid by the seller)
According to the New Real Estate Policy of March 20 15, business tax is levied in full on non-ordinary houses that have been sold and purchased for less than two years, on non-ordinary houses that have been sold and purchased for more than five years or ordinary houses that have been sold and purchased for less than two years, and on ordinary houses that have been sold and purchased for more than five years.
There are two main points here:
(1) The purchase time is more than 2 years. Here, first look at the property certificate, then look at the deed tax invoice, and then look at the bill (the housing reform room looks at the special bill for the sale income of state-owned housing). These three documents are calculated according to the earliest time. Generally speaking, the bill is earlier than the deed tax invoice, and the deed tax invoice is earlier than the real estate license. The earliest time in the housing reform is the deposit bill received by the housing reform.
② Whether the property sold is an ordinary house or an unusual house.
In addition: if the property sold is non-residential such as shops, writing rooms and factories, it is not necessary to demonstrate whether the business tax needs to be levied in full after 5 years.
2. Individual income tax (65438+ 0% of the total transaction amount or 20% of the difference between the two transactions, to be paid by the seller)
Conditions for collection Individual housing transfer income tax shall be paid for the sale of non-unique houses by families. There are two conditions here: the only house in the family; The purchase time is over 5 years. If both conditions are met at the same time, individual income tax can be exempted; If you don't meet any conditions, you have to pay personal income tax.
Note: If it is the only residence of the family, but the purchase time is less than 5 years, it needs to be paid in the form of tax deposit first. If you can re-purchase real estate and obtain property rights within one year, you can refund the tax deposit in whole or in part. The specific refund amount is 1% of the lower transaction price of two properties.
Note: The Local Taxation Bureau will examine whether there are other properties under the name of the seller's husband and wife as the basis for the family's sole residence, including the properties registered in the housing management department (excluding non-residential properties) although the property ownership certificate has not been handled.
Note: If the property sold is a non-residential property, individual income tax will be paid under any circumstances. Moreover, the local taxation bureau must also levy 20% of the difference in business tax payment during the tax collection process.
3. Stamp duty (tax rate 1%, equally shared by the buyer and the seller)
Since 2009, it has been temporarily exempted from collection.
4. Deed tax (tax rate 1%, 1.5%, 3%, to be paid by the buyer)
Collection method: 3% of the total transaction amount shall be collected at the standard tax rate, and the buyer shall pay 1% of the total transaction amount for the first purchase of ordinary houses with an area less than 90 square meters, and 1.5% of the total transaction amount for the first purchase of ordinary houses with an area greater than 90 square meters.
Note: Only when you buy for the first time and own an ordinary house can you enjoy the discount. The discount of deed tax is calculated by individuals, and you can enjoy the discount as long as you pay the deed tax for the first time. If the property purchased by the Buyer is non-ordinary residence or non-residence, 3% of the total transaction amount shall be paid.
5. Surveying and mapping fee 1.36 yuan/m2, total = 1.36 yuan/m2 * actual surveying and mapping area (after April 2008, the standard of surveying and mapping fee for housing reform under the new policy: 200 yuan will be charged for the area below 75 m2, 300 yuan will be charged for the area above 75 m2, and 400 yuan will be charged for the area above 144 m2).
General housing reform needs surveying and mapping, and commercial housing needs surveying and mapping if there is no surveying and mapping chapter of the Municipal Housing Authority on the original property certificate.
6. Total transaction cost of second-hand houses: residential 6 yuan/m2 × actual surveying and mapping area; Non-residential 10 yuan/m2× actual surveying and mapping area.
7. House property registration fee: 80 yuan * * * Ownership certificate: 20 yuan.
(II) Required materials
1. The local taxation bureau needs a copy of the ID card and household registration book of the seller's husband and wife (if the seller's husband and wife are not in the same household registration book, it also needs a copy of the buyer's ID card, online sales agreement and real estate license (if the seller's spouse is dead, it also needs a copy of the death certificate of the police station).
2. The Housing Authority needs to sign an online sales agreement, the original real estate license, two new mapping drawings, and a copy of the tax exemption certificate or tax payment certificate; For example, for the houses directly reconstructed in the province, two copies of the Confirmation Form of Public Housing Purchased and the attached table 1 are required.
Note: The joint signature of spouses is required when changing rooms. If the spouse has died but used the length of service, if it is after the housing reform, it is necessary to do inheritance notarization before the transaction transfer; The original death certificate issued by the police station should be submitted before the housing reform. Provincial housing reform also needs to fill in the "confirmation form of purchased public housing" in duplicate, which will be confirmed by the unit and the provincial housing reform office, and the original housing reform bill will be submitted.
Gift transfer procedure
(1) Fees: Business tax and personal income tax are exempted, but they need to be increased.
1. Notary fee: 40 yuan/m2× area of property right certificate.
2. Deed tax: No matter what the property is, the deed tax must be levied in full.
Other expenses are the same as normal transfer.
(II) Required materials
1. The notary office needs a copy of the seller's husband and wife's household registration book and ID card, a copy of the buyer's ID card and a copy of the property right certificate.
2. You can transfer the ownership directly without going through the local taxation bureau.
3. The materials required by the Housing Authority are basically the same as the normal transfer, except for an original notarial certificate.
Inherit real estate transfer
The cost of inheriting property is
1. Notary fee 40 yuan/m2× area of property right certificate.
2. Inheritance notarization fee 80 yuan/single waiver Inheritance notarization: 80 yuan/person.
Note: Personal income tax is levied at 20% when the inherited property is transferred and sold again, but it can be exempted as long as it is the only house in the family and has been purchased for more than 5 years, and the personal income tax rebate policy is also applicable.
(II) Required materials
1. The notary office needs the death certificate of the original property owner, a copy of the property right certificate, a set of ID cards and household registration books of all parties.
2. The materials required by the Housing Authority are basically the same as the normal transfer, but a notarial certificate is also required.
Note: The difficulty of inheritance lies in notarizing all heirs to give up inheritance, and it is necessary to prove that all parties are heirs and voluntarily give up inheritance rights.
Matters needing attention
Is the housing formalities complete?
The real estate license is the only proof that the owner owns the house. There is a great risk for the buyer not to get the house if he conducts the house transaction without the real estate license. Homeowners can mortgage or resell property rights. Even if there is no property now, the owner can mortgage it for resale after a period of time. Therefore, it is best to choose a house with real estate license for trading.
Is the ownership of the house clear?
Some houses have multiple owners, such as heirs, families and couples. To this end, the buyer should sign a house sales contract with all owners. If only some * * * people dispose of the property owned by * * without authorization, the sales contract signed by the buyer with other * * * people is generally invalid.
Is the house for rent?
Some second-hand houses have a material burden when they are transferred, that is, they are also rented by others. If buyers only look at the property ownership certificate and pay attention to the transfer procedures, but not whether there is a lease, then it is very likely that buyers will get a property that cannot be moved in or used in time.
Because China, including most countries, recognizes that "buying and selling does not break the lease", that is to say, the housing sales contract cannot compete with the previous lease contract. This point is ignored by many buyers and intermediary companies in practice, and is also used by many sellers, which leads to more disputes.
Is the land situation clear?
Second-hand housing buyers should pay attention to the nature of land use, whether it is allocation or transfer. The allocated land is generally used for free, and the government can recover it for free. Transfer means that the owner has paid the land transfer fee and the buyer enjoys more complete rights to the house.
Also pay attention to the service life of the land. If the land use right of a house is only 40 years and the owner has used it for more than ten years, then it is a bit uneconomical for the buyer to measure whether it should be based on the price of commercial housing with the land use right of the same lot for 70 years.
Municipal planning will affect
Some homeowners may be eager to sell their second-hand houses because they know that their houses will be demolished in about 5 to 10 years, or that high-rise houses will be built near their houses, which may affect the municipal planning conditions such as lighting and price. As a buyer, you should fully understand the details when buying.
Is welfare housing distribution legal?
Housing reform, housing projects and affordable housing are all welfare housing policies, which will be subject to certain restrictions when they are transferred. Moreover, these houses have certain national regulations on the nature of land and the scope of housing ownership, and buyers should avoid conflicts between sales contracts and national laws when purchasing.
Is the unit house infringing?
The housing of general units includes cost employee housing and standard employee housing. The nature of the two plots of land is allocated, and the land use fee should be paid when transferring. Furthermore, for the standard-priced housing, the general unit enjoys part of the property rights, and the unit enjoys the preemptive right when the employees transfer their ownership. If the buyer does not pay attention to these, it may infringe upon the legitimate rights and interests of the unit together with the owner.
Is the property management fee in arrears?
Some homeowners have long been in arrears in property fees, electricity fees and three gas (natural gas, heating and gas) fees when they transfer their ownership, and they have already owed a lot of fees. The buyer bought the house without knowing it, and the buyer may have to bear all the expenses.
Is the intermediary company illegal?
Some intermediary companies provide intermediary services in violation of regulations, such as providing zero down payment service for buyers when lending second-hand houses, that is, all the money paid by buyers can be defrauded from banks. Buyers think they have taken advantage. I don't know if the bank finds out, all the responsibilities may be borne by him.
Is the contract clear?
Although the second-hand housing sales contract does not need to be as comprehensive as the commercial housing sales contract, it should also clearly stipulate some details, such as contract subject, rights protection, housing price, transaction mode, liability for breach of contract, dispute settlement, signing date and so on.
References:
Baidu encyclopedia-taxes and fees for second-hand housing transactions
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