Lawyer Li said that the property is no. 003
How to choose the way to give real estate to your immediate family?
1. What is a real estate gift?
Real estate donation refers to a civil juristic act in which one party (the donor) voluntarily donates his house to another person (the recipient) and the other person is willing to accept it.
There are two types of real estate gifts, one is a gift between immediate relatives, that is, a gift between specific relatives, and the other is a gift between non-immediate relatives.
2. What kind of kinship can be recognized as immediate family members of the property gift?
Spouses, children, parents, siblings, grandparents, maternal grandparents, grandchildren, grandchildren.
The so-called immediate family members are relatives of all generations who have a blood relationship with each other, such as spouses, parents (in-laws, in-laws), children and their spouses, grandparents, maternal grandparents, grandchildren (maternal grandchildren) and their spouses, great-grandparents, great-grandparents, etc. Immediate family members include: grandfather, grandmother, father, mother, husband, wife, children (including adopted children, stepchildren, children born out of wedlock), brothers and sisters (including half-siblings or half-siblings), and grandchildren.
3. What is the process of real estate donation?
Submit materials, pay taxes and registration fees, collect tax payment certificates and invoices, and real estate property rights certificates through the relevant windows of the Real Estate Registration Service Center.
4. What application materials are required for real estate gifts?
Take the Beijing area as an example: 1. Valid identity documents of the donor and recipient; 2. Original certificate of real estate property rights; 3. Original donation agreement; 4. Proof of kinship between the two parties (household registration book, birth certificate, marriage relationship certificate, etc.), or proof of the relationship of maintenance obligations; 5. If the central production house in the sixth district of the city has been purchased and the housing transfer registration of the central property in other districts managed by the property rights of the affordable housing, the original "Notice of Registration of the Change of Property Rights of the Purchased Housing in the Central Unit in Beijing" is submitted; 6, April 11, 2008 If the purchased affordable housing that has signed a house purchase contract is listed after a few days, the original listing opinion issued by the housing security management department shall be submitted (except for the demolition and relocation of the key projects for the docking and resettlement of affordable housing); 7. Where the purchased standard price or preferential price house has been transferred and registered, the original certificate of supplementary payment of the house price difference or 65 years of working experience shall be submitted.
5. Is it necessary to be eligible to buy a house for real estate gifts?
Yes, it is necessary to review whether the recipient is eligible to buy a house, but the gift between the common property rights and the gift to the minor children in the family do not need to be affected by the purchase qualification and are not restricted by the purchase policy.
6. How to pay the deed tax on housing gifts?
A gratuitous gift between immediate family members, a gift to a dependant who bears the obligation of direct support or maintenance to the owner of the house, a bequest.
In the above three cases, VAT, VAT surcharge and personal income tax are not subject to VAT, and deed tax is levied at 3%, plus stamp duty of 0.05%.
Seven, the real estate is given to the immediate family in the only case of five years, gift or sale, which is cost-effective?
If it is a public housing, considering that the sale is not considered within two years after the gift, and the recipient does not have a house in his name at present, he can consider taking the sale and purchase procedures, the sale and purchase procedures can take the minimum transfer price in the market, pay a 1% personal tax and 1.5% deed tax, plus a land transfer fee of 15.6 * construction area, if you go through the gift procedure, you will pay a deed tax of 3% of the appraisal price, (the appraisal price will generally be higher than the market guidance price).
If the donated house is a commercial house, or the recipient has other properties under his name, or in the short term will consider the sale, you, it is best to choose to take the house gift procedures, because the family has two houses, commercial housing transactions have a difference of 20% of the individual tax, this tax will be more, if it is a gift of real estate, when it is sold later, the property rights period is calculated according to the original house, and there will be no business tax because of the transfer.
8. If there is a house under the name that has not been repaid from the bank loan, can it be donated to others?
The loan must be repaid before the house can be donated, and the recipient of the house gift must have the qualification to buy a house.
9. What are the conditions for the gift of two limited rooms? How to charge
Two limited room gifts need to be met: 1. The house book or deed tax stamp is at least five years; 2. The recipient of the house donation meets the conditions of the purchase restriction in Beijing. Housing gift fees are divided into immediate and non-immediate family members. Gifts from non-immediate family members are regarded as buying and selling, except for the same place as the tax on commercial housing, they need to pay 35% of the difference in land income price, and the house becomes commercial housing after the transaction; Gifts from immediate family members are subject to a deed tax of 3 per cent and a 35 per cent of the difference in the land proceeds.
10. What taxes and fees need to be paid for the resale of the house donated by the immediate family?
According to the normal commercial housing to pay taxes, the house for two years is exempt from business tax (non-ordinary residential tax on the difference), otherwise it is 5.6% business tax, the house is five years old and is the only house under your family's name, it is exempt from personal tax, otherwise there is a 20% difference of personal tax, deed tax of less than 90 square meters, the first set of houses 1%, 90 square meters above 1.5%.
11. Do you choose to give or buy or sell the property?
It is not generalizable, so if the house is to be sold in the future, if the donated house is sold at the time of the sale of the five, it is only necessary to pay the deed tax, in which case the difference between the gift and the sale is the smallest.
The lowest fee for the transfer is about 3% of the tax value (i.e. the transfer price of the property you agreed upon). However, after the gift is transferred, if you want to transfer the property in the future, the single personal income tax will pay 20% of the tax value. Therefore, in this case, it is not recommended to use a gift transfer.
There is also the issue of the difference in the tax rate of the transfer, if the gift is based on the cost price, the tax base is reduced according to the cost price, and the purchase and sale is based on the purchase and sale market price. The method of transfer that needs to be verified depending on the specific circumstances of the property and the gift.
If the sale and purchase is transferred, the property is transferred directly by the donor to the recipient. The tax is about 8% of the tax returned value (seller: 1% personal income tax (exemption from the property deed for more than 5 years), business tax 5. 5% (exemption for property deeds greater than 5 years), buyer: deed tax 1.5%, (the above tax points are calculated as ordinary residences of less than 144 square meters).
Mr. Li Haitao is a professional real estate lawyer in Beijing.