1. The formalities required for the transfer of the house are mainly the transfer contract, and both parties to the transfer sign a written transfer contract;
2. The parties to the real estate transfer shall, within 90 days after the signing of the real estate transfer contract, declare the transaction price to the real estate management department where the real estate is located with the certificate of real estate ownership, the legal certificate of the parties, the transfer contract and other relevant documents;
3. The real estate management department shall review the relevant documents provided and make a written reply on whether to accept the application within 7 days. No written reply within 7 days, as accepted;
4. The real estate management department shall verify the declared transaction price and conduct on-the-spot investigation and evaluation of the transferred real estate as required;
5. The parties to the transfer of real estate shall pay the relevant taxes and fees in accordance with the regulations;
The real estate management department shall go through the formalities of housing ownership registration and issue a certificate of real estate ownership.
I. Information to be submitted for the transfer of real estate rights
1. Original property certificate, land use right certificate or property right certificate.
2. ID cards of the buyer and seller (copy of ID card of legal representative, certificate of legal representative or copy of business license submitted by the unit).
3. The transfer of state-owned and collective real estate needs to provide the original approval certificate of the higher authorities, and the joint venture and joint-stock enterprises need to issue a resolution of the board of directors.
4. The auction of real estate shall submit the transaction confirmation, court ruling and notice of assistance in execution to the auction organ.
5. Real estate sales contract signed and sealed by both parties. 6. Approval Form for Housing Sales Application (signature and seal required).
Second, the transfer fee:
1. deed tax: generally, it is 1% of the house price (for the first suite, it can be paid under 90 square meters 1%, over 90 square meters 1.5%, and over 44 square meters1%).
2. Business tax: 5.6% of the real estate license is less than five years old, and the real estate license is exempt from business tax for five years.
3. Personal income tax, 1% (the only house can be exempted if the real estate license is over 5 years).
4. Transaction cost: 3 yuan/square meter (but the average buyer needs to pay two transaction costs, that is, 6 yuan per square meter).
5. Surveying and mapping fee: according to the specific regulations of each district.
6. Ownership registration fee and evidence collection fee: Generally speaking, it is around 200 yuan.
Third, the transfer of property:
(1) delivery → evaluation
To handle the transfer of housing property rights, the following materials shall be provided to the housing management department;
1. One original and one copy of the real estate license;
2. Real estate sales contract and its copy;
3 real estate sales application approval form;
4. Application for registration of house property rights;
5. Check the original and photocopy of the Seller's ID card 1 copy;
6. Check the original and two copies of the ID card of the purchaser.
If you entrust others to act on your behalf, you need to provide a notarial certificate of entrustment and the client's ID card.
(2) Application for tax reduction or exemption (2 1 working day)
After evaluating the housing price, the Housing Authority shall provide the following materials when applying for tax reduction or exemption from the Local Taxation Bureau:
1. Fill in the application form for tax reduction or exemption (in triplicate);
2. Two copies of the real estate license;
3. Two copies of the real estate sales contract;
4. The evaluation form is in duplicate;
5 two original sales invoices (or contracts);
6. Two copies of ID cards of both parties.
(3) Permit (12 working days)
After the tax payment certificate is issued by the local taxation bureau, it will take 12 working days to send it to Haidian Housing Authority and collect the house ownership certificate at the issuing office of the Housing Authority.
Fourth, the second-hand housing transfer process can be divided into the following steps:
1. It is suggested that buyers should be clear about their purchase needs and choose a reputable real estate agency to choose a house.
2. After choosing a house, sign a tripartite agreement with the real estate agent and the owner and pay a deposit.
3. The buyer and the owner meet with the intermediary company, and under the supervision of the intermediary company, the owner and the buyer sign a real estate sales contract; At this time, the relationship between the two parties was formally established, and the buyer paid the down payment to the owner and the agency fee on the agreed date, and the agency company began to handle the loan procedures for the buyer. After the loan is agreed to be issued, the transfer formalities will begin.
4. According to the requirements of property right transfer registration, buyers and sellers need to prepare the information needed for transfer.
5. The full-time transfer agent of the intermediary company carries the buyer, the owner and relevant information to the local taxation bureau for tax verification; If it can be listed and traded, the local taxation bureau will issue a list of deed tax and business tax, which will be paid by the buyer and the homeowner on the same day, and the local taxation bureau will issue a tax receipt.
6. The buyer and the owner shall go to the real estate trading center to handle the registration and tax payment procedures under the leadership of the transfer clerk. The buyer and the owner shall submit deed tax and business tax receipts and all documents required by both parties for transfer, fill in the Application Form for Registration of House Ownership Transfer, receive the acceptance notice, and pay the house stamp duty at the same time. During this period, the real estate trading center will conduct a preliminary examination and review of the documents and tax payment provided by the buyers and sellers to ensure that the transfer conditions are correct, otherwise the trading center will inform the intermediary company of relevant issues in time.
7. The intermediary leads the new owner and the old owner to hand over the property, that is, the cost of water, electricity and cable TV in the house is settled, and finally the furniture is inspected.
8.20 working days later, the transfer clerk will inform and lead the new owner to the real estate transaction center to receive the new real estate license, and at the same time inform the original owner to prepare to receive the house payment. At this point, the transfer procedures for purchasing second-hand houses have been completed. Documents to be submitted for approval: real estate license or property right certificate, and some houses also need to submit real estate license or property right certificate; Real estate sales contract; House transaction approval certificate; Original and photocopy of the land use certificate (the right to use it is the applicant); Application for registration of real estate rights; A copy of the applicant's identity certificate (if the applicant is a company, a copy of the legal person business license, legal person code certificate, legal representative qualification certificate and ID card shall be submitted). If authorized, a legal and valid power of attorney and a copy of the identity certificate of the agent shall be submitted; Business tax return and land value-added tax return; People's Republic of China (PRC) deed tax payment certificate or deed tax certificate of Finance Bureau.
Legal basis:
"People's Republic of China (PRC) City Real Estate Management Law"
Article 37 The transfer of real estate refers to the act that the owner of real estate transfers his real estate to others through sale, gift or other legal means.
Thirty-ninth to obtain land use rights and transfer real estate, the following conditions shall be met:
(a) according to the transfer contract, all the land use right transfer fees have been paid, and the land use right certificate has been obtained;
(two) investment and development in accordance with the transfer contract, which belongs to housing construction projects, exceeds 25% of the total investment in development, and belongs to plots of land, forming industrial land or other construction land conditions.
If the house has been completed when the real estate is transferred, it shall also hold the house ownership certificate.
Forty-first real estate transfer, a written transfer contract shall be signed, and the contract shall specify the way to obtain the land use right.
Article 42 When the real estate is transferred, the rights and obligations stipulated in the land use right transfer contract shall be transferred accordingly.