What are the procedures for house transfer?
First of all, we must sign a house sale contract or a house purchase contract. According to the People's Republic of China (PRC) Urban Real Estate Management Law and the Regulations of the Ministry of Construction on the Management of Urban Real Estate Transfer and other laws and regulations, the parties involved in the transfer of real estate within the state-owned land in the urban planning area must sign a written transfer contract.
The main contents of the contract shall include: the names and residences of both parties, the names and numbers of the real estate ownership certificates, the location, area and scope of the real estate, the plot number (the number of each land use right certificate approved by the Land Planning Bureau), the way and time limit for obtaining the land use right, the use or nature of the real estate, the transaction price and payment method, the delivery time of the real estate, the liability for breach of contract and other matters agreed by both parties.
Secondly, it is necessary to go through the formalities of house transfer. The procedures for handling the property transfer formalities are as follows:
1. Both parties shall, within 30 days after the signing of the house sales contract, apply to the real estate management department with the relevant documents such as the real estate ownership certificate, the legal certificate of the parties and the transfer contract, and declare the transaction price;
2. The real estate management department shall review the relevant documents provided and make a written reply on whether to accept the application within 15 days;
3. The real estate management department shall verify the declared transaction price, and conduct on-the-spot investigation and evaluation on the transferred house as required;
4. The parties to the transfer of real estate shall pay the relevant taxes and fees in accordance with the regulations;
5. The real estate management department issues the transfer order.
After completing the above procedures, both parties obtained the real estate ownership certificate in accordance with the transfer procedures and in accordance with the provisions of the People's Republic of China (PRC) Real Estate Management Law: ① Property ownership certificate; ② Sales contract (original); (3) Original and photocopy of ID cards of both parties; (4) Application for registration of housing rights (collected at the acceptance window).
How much does it cost to transfer the company's real estate to an individual?
1. Tax paid by the buyer
(1) stamp duty; 0 of the transaction price. 5;
(2) The transaction price of deed tax is 1. 5% of the transaction price of the real estate exchange (ordinary residence) and 3% (non-ordinary residence);
(3) The cost price of land leasing in the current year, with a construction area of 65,438+0% (purchased at the cost price) real estate exchange; Current cost price; Building area; 7% (preferential price) depends on the regulations of each district.
(4) Assessment fee: some areas require tax payment after assessment, and the fee may vary from assessment company to assessment company;
(5) Others: It depends on the regulations of each housing authority.
2. Taxes and fees payable by the seller
(1) 0 of the transaction price of stamp duty. 5;
(2) 5% of the transaction price of business tax within five years. 5%; Within five years (including five years), ordinary housing will not be sold; Non-ordinary residence: 5% of the transaction price difference. 5%。
(3) Personal income tax on sales within five years: 65438+ 0% of the transaction price or (transaction price-20% of reasonable expenses;
(4) Land tax for non-ordinary houses sold within five years: 65438+ 0% of the transaction price;
(5) Other laws and regulations depend on government departments.
To sum up, it is Bian Xiao's relevant answer about how to transfer the property under the company name, hoping to help you.
Legal basis:
The Measures for Land Registration stipulates that:
Thirty-eighth the term "change of registration" as mentioned in these Measures refers to the registration due to the change of land owner or the change of land owner's name, address and land use.
Article 39 Where the right to use state-owned construction land is transferred by means of transfer, lease of state-owned land, contribution at a fixed price or shares in accordance with the law, the parties concerned shall apply for the change registration of the right to use state-owned construction land with the original state-owned land use certificate and relevant supporting materials for the transfer of land rights.
Article 40 Where the sale, exchange or gift of buildings, structures and ancillary facilities on the ground according to law involves the transfer of the right to use construction land, the parties concerned shall apply for the registration of the change of the right to use construction land with the original land ownership certificate, the changed house ownership certificate and the relevant certification materials for the transfer of land use rights. Involving the transfer of the allocated land use right, the parties shall also provide the approval documents of the people's government with the right to approve.
Article 41 If the land use right is transferred due to the merger, division, merger or bankruptcy of legal persons or other organizations, the parties concerned shall apply for the registration of change of land use right with the relevant agreements, approval documents of relevant departments, original land rights certificates and other relevant certification materials.
Forty-second for the disposal of mortgaged property to obtain land use rights, the parties shall, after the disposal of mortgaged property, apply for registration of change of land use rights with relevant supporting documents.