How to transfer commercial housing

Abstract: Commercial housing refers to ordinary commodity housing that the state will focus on during the 11th Five-Year Plan period. There are two explanations for commercial housing: first, it can be a storefront or a residence (commercial and residential); Second, downstairs is the storefront, upstairs is the house, and the property right belongs to the same person. However, after the introduction of the commercial housing policy, more and more people complain that their commercial housing cannot be transferred, so how can commercial housing be transferred? What are the procedures and precautions for the transfer of commercial housing? First, how to transfer commercial housing

1, transfer conditions

At the same time, the policy stipulates that if an individual purchases a stock of merchant housing, he must have no housing under his name, pay social security or pay taxes for five years, and can only buy it in full.

2. Transfer process

Signing a sales contract: the buyer and the seller sign a contract with the intermediary agency (if any) on the negotiation of real estate price, delivery method and payment method.

Submission: Both the buyer and the seller bring relevant materials to the Housing Authority for registration of property right transfer. The buyer brings the original ID card. If the loan needs a certificate of the first suite, it should be issued by the relevant department in accordance with the requirements of the Housing Authority. The seller shall bring the original ID card, real estate license, original tax receipts related to the property, etc. After the Housing Authority version arrives at the Housing Authority, it can sign a sales contract with the Housing Authority. (many big cities have implemented online signing, that is, first apply for the pre-acceptance number and fill in the form online, and then submit the documents, so that there is no need to queue up at the Housing Authority. )

Payment of taxes and fees: After receiving the receipt, the Housing Authority will pay all kinds of taxes and fees to the relevant tax bureaus at the specified time. Both the buyer and the seller bring their original ID cards and pay taxes separately.

Duty-paid transfer: After the buyer and the seller pay taxes respectively, both parties bring their ID cards and all tax receipts of their respective taxes to the Housing Authority to check and confirm that the taxes have been paid, and then complete the transfer and receive the transfer receipt.

Obtaining the certificate: the buyer will get a new real estate license from the Housing Authority with the ID card and the transfer receipt at the time specified in the transfer receipt.

3. Transfer fee

Calculation of taxes and fees for commercial housing transfer

Buyer:

Deed tax = 3% of the transaction price. And transaction fee = 0,5% of the transaction price. Stamp duty = 0.05% of the transaction price.

Seller:

No matter how many years the commercial house is transferred, the following taxes and fees must be paid:

1, business tax and surcharges, taxes and fees are the difference between 5% and 6%.

2. Land value-added tax, the tax amount is 30%-60% of the difference after deducting related expenses (calculated progressively according to the difference ratio).

(1) If the added value does not exceed 50% of the deducted project amount, the tax rate is 30%.

(2) The tax rate shall be 40% for the part where the added value exceeds 50% of the amount of the deducted items and does not exceed 100% of the amount of the deducted items.

(3) If the added value exceeds 100% and does not exceed 200% of the deducted project amount, the tax rate is 50%.

(4) The tax rate is 60% for the part whose value-added exceeds 200% of the project deduction.

Second, the commercial housing transfer information platform

1, Zhongyuan Real Estate

Founded in 1978, Zhongyuan Group Co., Ltd. is a leading enterprise in the field of real estate intermediary services, a famous service brand in Hong Kong and a relatively large-scale enterprise in the real estate intermediary industry.

2. Jia Lian

Top ten real estate agents, a data-driven full value chain real estate service platform, provide real estate transaction services such as second-hand houses/new houses/rented houses/residences/overseas real estate, Beijing Chain Home Real Estate Agency Co., Ltd.

3. I love my family

Famous domestic real estate comprehensive service organization, leading brand in real estate brokerage industry, innovative intermediary brokerage enterprise, Beijing I love my family real estate brokerage co., ltd.

4.q room network

Online and offline pioneer of domestic real estate brokerage industry, leading real estate Internet platform, Shenzhen Fang Yun Network Technology Co., Ltd.

5, 2 1 century real estate

197 1, the United States, the world's largest integrated real estate service provider, a multinational company dedicated to the whole chain of real estate services, Beijing Effett International Franchise Consulting Services Co., Ltd.

6. Xinyifang

198 1 established in Taiwan Province province, it is an influential chain service brand of housing agency, an excellent service trademark of Shanghai, and Shanghai Xinyi Housing Agency Consulting Co., Ltd.

7, Fang Tianxia

Listed companies, home comprehensive information websites, well-known real estate websites, well-known professional network platforms in the real estate home industry, and Beijing SouFun Technology Development Co., Ltd..

8. Midland Real Estate

Midland realty agency (Shenzhen) Co., Ltd., a subsidiary of Midland realty group, was established in 1973. It is the first large-scale listed real estate agency in Hong Kong and the leading brand in the domestic real estate agency industry.

9. He Fu Real Estate

Hefu Huang Hui is a large-scale real estate intermediary service agency in China, with strong market influence. Guangdong hefu real estate co., ltd

10, Happy Home

The former Jiajiashun real estate was renamed, which is a domestic high-quality real estate rental and sales service platform and an enterprise specializing in real estate rental and sales information services. Shenzhen leyoujia holding group co., ltd

3. How to write the advertisement for the transfer of commercial housing?

Example of the notice of sale 1: I have a second-hand house with two rooms and two halls in the residential area of * * Road, square meters, for sale. The house is a commercial house with complete property rights, frame structure and transparent north and south. Located on the eighth floor, with a total floor of *** 18, with a room age of 5 years.

Fine decoration, complete facilities in the house. Because of the urgent need for money, I want to sell it at a low price, and the price is * * ten thousand yuan. Interested parties please contact! Contact person: Mr. * *; Tel: * * * * * * * *

Example 2 of the notice of sale: I want to give (the specific address, including the introduction of the surrounding environment) a set of buildings with an area of 57 square meters, two bedrooms, one living room, three floors, newly renovated and complete documents. The house has good lighting, suitable surrounding environment and convenient transportation. The price can be discussed after seeing the house. If necessary, please contact: * * * * (telephone number).

Example 3: I have a commercial house in a prosperous area, with an area of1.25m2.. It has three bedrooms and two living rooms. It is well decorated and has a wide view around it. The roof of the sixth floor (with a basement of more than 5 square meters) has a washable and stovable floor. Please contact me if you want to sell it now. Tel: * * * * * * *.

Four, common problems in the transfer of commercial housing

1. The seller claims that the second-hand house sales contract is invalid on the grounds that the second-hand house has not been negotiated with others.

2. According to the current law, if the second-hand house sold is owned by * * *, the seller must obtain the unanimous consent of all * * people when selling, otherwise the sales contract may be invalid.

3. In judicial practice, people often ask the court to confirm that the second-hand house sales contract is invalid on the pretext of not obtaining their own consent or pursuit.

4. When the property right of the second-hand house is registered in the name of one person, it is difficult for the buyer to judge whether the second-hand house he bought is owned by one person or the same person.

5. First, when the second-hand house is sold, the right registration is only for the seller. Based on the principle of publicity and public trust of real estate, the buyer has reason to believe that the seller is the complete owner of the second-hand house, and the sales contract signed with the seller should be deemed as valid.

6. Second, when buying and selling second-hand houses, if the rights are registered by several people, based on the legal provisions that some people are not allowed to dispose of the real estate without authorization, if the person fails to ratify other rights later, the sales contract shall be deemed invalid.

7. The buyer and the seller signed two second-hand housing sales contracts with different prices. When the transaction price of the second-hand house is disputed, the seller requests that the second-hand house sales contract be deemed invalid.

8. The seller claims that the second-hand house sales contract is invalid on the grounds that the second-hand house has not been negotiated with others.

9. According to the current law, if the second-hand house sold is owned by * * *, the seller must obtain the unanimous consent of all * * people when selling, otherwise the sales contract may be invalid.

10. In judicial practice, people often ask the court to confirm that the second-hand housing sales contract is invalid on the grounds that they have not obtained their consent or pursued it.

1 1. When the property right of the second-hand house is registered in the name of one person, it is difficult for the buyer to judge whether the second-hand house he bought is owned by one person or * * *.

12. First, when the second-hand house is sold, the right registration is only for the seller. Based on the principle of publicity and public trust of real estate, the buyer has reason to believe that the seller is the complete owner of the second-hand house, and the sales contract signed with the seller should be deemed as valid.

13. 2. When buying and selling second-hand houses, if there are several registered rights, based on the legal provisions that some people are not allowed to dispose of the property without authorization, and if other rights are not ratified, the sales contract shall be deemed invalid.

14. The buyer and the seller signed two second-hand housing sales contracts with different prices. When the transaction price of the second-hand house is disputed, the seller requests that the second-hand house sales contract be deemed invalid.