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What are the procedures and fees for the transfer of parking spaces?
1. Transaction with community owners: When handling the delivery of parking spaces, the buyer must provide proof of property rights in his own name in the same community as the parking spaces, because parking spaces can only be sold to community owners according to regulations. Provide the original invoice: the owner must provide the original invoice of the first-hand parking space when handling the delivery of the parking space. If there is no invoice, it needs to be paid by the developer and cannot be handed over to the Housing Authority for filing. No property rights: Some parking spaces have no property rights and have the right to use for 70 years. This transfer is non-transferable and tax-free. The buyer and the seller signed a parking space transfer agreement and changed the contact information in the property. The seller may transfer the parking space contract and invoice to the buyer.
2, the transfer of state-owned land use rights, land use rights transfer, housing transfer transaction price; The gift of land use rights and houses shall be approved by the land acquisition department with reference to the market price of land use rights; Land use right exchange and house exchange refer to the price difference between the exchanged land use right and the house. If the transaction price stipulated in the preceding paragraph is obviously lower than the market price without justifiable reasons, or if the price difference between the land use right exchanged without justifiable reasons and the house is obviously unreasonable, the tax collection organ shall verify the reference market price. In taxable value, if a taxpayer purchases a taxable vehicle for his own use, the total price and expenses paid by the taxpayer to the seller for the purchase of the taxable vehicle do not include VAT. The formula for calculating the taxable value of taxpayers' imported taxable vehicles for their own use is: taxable value = dutiable price+customs duty+consumption tax. The taxable value of taxable vehicles produced, donated or obtained by taxpayers in other ways shall be determined by the competent tax authorities with reference to the minimum taxable value stipulated in Article 7 of these Regulations.
3. In the open space of the community, sometimes even the green space, developers or property companies collect money by marking. Some are sold to owners at a fixed price, while others are rented by the month. It is reported that because the land use right of the community belongs to all owners, developers have no right to sell open-air parking spaces on the ground. This kind of parking space can be leased to the owners by the owners' congress and included in the community maintenance fund after deducting the necessary expenses. If the construction area of underground parking spaces is not shared, the developer can obtain the property right of the garage separately, and the developer can sell the property right to the buyer, but the underground garage can only be pre-sold to the buyer of commercial housing.
It seems natural for developers to sell such parking spaces, but this is not the case. In the housing sales contract, the developer must indicate that the property right of the underground parking space in the community is transferred separately and not sold together with the house. If there is no similar written explanation, the underground parking space is also owned by the owner, and its income is also owned by the owner. Many developers are selling underground parking spaces while selling houses, but many owners don't know whether it is legal to sell underground parking spaces. If the area of the underground parking space has been shared by the community owners, the developer has no right to transfer it. In other words, when selling a house, the area of underground parking spaces has been allocated to each owner, and the money is collected in proportion. Then selling such an underground parking space to the owner is repeated collection of money.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 275 The ownership of planned parking spaces and garages within a building division shall be agreed upon by the parties through sale, gift or lease.
Article 257 Parking spaces occupying roads or other venues owned by the owner for parking cars shall be owned by the owner.
People's Republic of China (PRC) national defense law
Article 42 The state protects national defense assets from infringement and ensures the safety, integrity and effectiveness of national defense assets.
It is forbidden for any organization or individual to destroy, damage or occupy national defense assets. Without the approval of the institutions authorized by the State Council and the Central Military Commission, the possessor or user of national defense assets shall not change the national defense assets for national defense purposes. The technological achievements in national defense assets can be used for other purposes in accordance with the relevant provisions of the state on the premise of upholding national defense priority and ensuring safety.
National defense assets management institutions or units that possess and use national defense assets that are no longer used for national defense purposes shall submit for approval in accordance with regulations, and use them for other purposes or dispose of them according to law.
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