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American inheritance tax rate

Legal subjectivity:

First, the collection standard of real estate inheritance tax

At present, there is no inheritance tax in China, and there are no laws, regulations or drafts related to inheritance tax, so there is no need to levy inheritance tax. However, if the heirs sell after inheriting the house and other heritages, they need to pay personal income tax, deed tax and other taxes.

Letter from the Ministry of Finance on the proposal. 0 107 (CaishuiNo. 0 18) The Fifth Session of the 12th Chinese People's Political Consultative Conference Conference (excerpt): At present, there is no inheritance tax in China, and there are no laws or bills related to inheritance tax.

The tax involved in real estate transaction means that in the process of real estate transaction, the buyer collects a certain proportion of tax according to state regulations, and the tax proportion is slightly different according to different taxes and taxes in different regions. The main taxes are: deed tax (levied at transaction price 1%~3%), individual tax (levied at transaction price 1%), business tax (levied at transaction price 5.55%), and? Stamp duty (0. 1% of the transaction price).

Among them, deed tax is mandatory; Once two conditions are met, taxation begins:

(1) The original owner owns two or more houses (including two);

(2) The issuing date of the original house certificate is generally within 5 years, and the business tax is determined according to the issuing date of the original house certificate, which is generally collected within 2 years, and is not collected beyond 2 years.

Second, the characteristics of inheritance tax

1. The taxation scope is very complicated. Heritage takes various forms, including real estate, bank deposits, cash, stocks, securities, antiques, calligraphy and painting, jewelry and other movable assets, as well as intangible assets such as intellectual property rights. It is necessary to comprehensively and accurately grasp the property information of residents, as well as the specific circumstances such as bequest and inheritance.

2. The collection and management procedures are complicated. Inheritance tax requires a reasonable valuation of all kinds of property and a large number of professionals engaged in related valuation work, which is prone to disputes in the collection and management, and the dispute resolution procedures are usually complicated.

3. The supporting conditions for collection and management are high. The levy of inheritance tax also needs to meet the corresponding collection and management conditions, such as the close cooperation of different government departments, the arrangement of tax preservation and compulsory measures for taxpayers who refuse to pay taxes according to law.

Third, the steps of real estate inheritance

Handling the procedures of real estate inheritance must go through the procedures of housing evaluation, inheritance notarization and application for real estate registration. After the death of the owner of the house who has obtained the house ownership certificate, his legal successor may apply for the registration of house inheritance. The general steps are as follows:

1. Housing evaluation: First of all, the market value of a house must be evaluated by an evaluation company. The appraisal company will conduct professional price analysis and property price appraisal according to the important factors such as the road section, sitting direction, floor and age of the house, so as to determine the accurate property market price.

2. Inheritance notarization: the applicant shall go to the notary office where the house is located to handle the inheritance notarization and receive the certificate of inheritance. When handling notarization, the death certificate of the owner of the house, the list of legal heirs issued by the legal authority, and the will (if any) made by the original owner of the house shall be provided, and the original will shall be submitted at the same time. If some legal heirs voluntarily give up their inheritance rights, they must issue a letter of commitment to give up their property.

3. Housing Surveying and Mapping: Applicants must go to the real estate surveying and mapping department to go through the formalities of surveying and mapping the housing area or drawing, and receive the surveying and mapping results or drawings before they can go through the formalities of property right registration.

4. Inheritance registration: the applicant applies for inheritance registration at the real estate trading center with real estate property certificate, inheritance notarial certificate, house mapping and other certificates. After filling in the application for registration of real estate property rights and submitting the above information, the case-handling personnel will accept it and issue a receipt. After all the materials are reviewed, the changed owner's real estate license will be issued.

5. Other materials that need to be submitted: If the matters related to the ownership of the house are judged, ruled or mediated by the court, the court judgment, ruling or mediation shall be submitted. After field surveying and mapping, it is found that the house has been rebuilt or illegally built, and it must be reported to the planning department for approval or decision.

At present, there is no clear regulation on the collection of inheritance tax in China. There is no tax in the process of property inheritance, but deed tax and personal income tax need to be paid in the process of property transaction.