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Do I have to pay taxes to buy a house for my son?
2. Compared with buying, selling and giving, the main costs of inheritance, notarization, inheritance and transfer are the lowest, because the inherited property has no business tax, individual tax and deed tax. The heir shall notarize the right of inheritance by his will and change his name to the housing management department by his inheritance certificate. In practice, because the inheritance can only be transferred after the death of the decedent, there are fewer people in this way. At the same time, the inheritance of real estate needs to meet the following three conditions: first, there are two forms of inheritance of real estate: legal inheritance and testamentary inheritance. Legal succession is the heir to the estate stipulated by law, and testamentary succession must be a notarized will before the death of the owner of the estate to have legal effect; Second, the inheritance should be the property owned by the decedent before his death; Third, because the inheritance is the property and real estate division agreement of all heirs, it needs the consent and signature of each heir to take effect.
The process of giving real estate
1. Sign the confirmation letter.
Before going through the formalities of property donation, the owner needs to take the donee to the Housing Authority to sign the confirmation letter and bring all relevant materials. Relevant information includes: property ownership certificate, purchase contract, gift certificate and gift certificate. These two notarial certificates need to be issued by both parties at the same time. On the one hand, it shows that free gift is the true will of the donor, and at the same time, it shows that accepting gift is the true will of the recipient.
2. Real estate appraisal
After signing the relevant confirmation letter, you can wait until the Housing Authority sends a professional real estate appraiser to survey and map the house, and then wait for the results of the house evaluation. The evaluation content generally includes real estate depreciation rate, infrastructure construction, water and electricity communication, benchmark land price, calibrated land price, house replacement price, reserve price and premium.
3, for the gift notarization
Although it can be said that notarization is not needed in the process of real estate donation, notarization is relatively safe for both the owner and the donee. Notarization of gift requires the following materials: donor's ID card, original and copy of household registration book, gift book, gift list and ownership certificate.
4. Various taxes and fees
In the process of real estate donation, the donee also needs to pay various taxes, including deed tax, stamp duty and registration fee. The deed tax is 3% of the overall appraisal value of the house, and the stamp duty is 0.5% of the overall appraisal value. The registration fee for the transfer of real estate rights is subject to the pricing of the local housing authority. However, if the donor and the recipient are immediate family members, the deed tax may be exempted. There is also a land transfer fee, which depends on the nature of the donated property.
5. Apply for a new real estate license
The last step of real estate donation is to apply for a new real estate license. There are several points to explain here: first, gift is a free legal act, and its legal consequences cannot be equal to paid transfer; Second, gift is not inheritance, and there are essential differences between them. Third, the notarized gift cannot be revoked, and it must be considered clearly before notarization. Once again, we must be cautious when handling the formalities of real estate gift, and consider it clearly before going through it.
Legal basis:
People's Republic of China (PRC) tax collection management law
Article 1 This Law is formulated with a view to strengthening the administration of tax collection, standardizing tax collection, safeguarding national tax revenue, protecting the legitimate rights and interests of taxpayers and promoting economic and social development.
Article 2 This Law is applicable to the collection and management of various taxes collected by tax authorities according to law.
Article 3 The collection, suspension, reduction, exemption, refund and supplementary payment of taxes shall be carried out in accordance with the law. Where the State Council is authorized by law, it shall be implemented in accordance with the administrative regulations formulated by the State Council.
No organ, unit or individual may, in violation of the provisions of laws and administrative regulations, arbitrarily make decisions on tax collection, suspension, tax reduction, exemption, tax refund, overdue tax and other decisions inconsistent with tax laws and administrative regulations.
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