1. According to the new regulations on the transfer of parents' property to their children, the state revised the law on house inheritance, and the newly revised law was implemented on 20021. In the newly revised House Inheritance Law, the heirs are extended to the brothers and sisters of the decedent. As long as it meets the standards of legal heirs, you can inherit the house. Inheritance behind real estate is the most normal way of inheritance in China at present. After the old man dies, just go to the fixed assets center to make a transfer.
New rules for parents to transfer property to their children
2. The house heir only needs to pay a certain transfer fee and register in the fixed assets center. According to national regulations, the transfer fee paid only needs several thousand yuan, but only if the heir does not intend to buy or sell the house.
If the person who inherits the house wants to buy or sell the house, he needs to pay 20% tax. If the price of the house is 6.5438+0.5 million, but it is later bought and sold through 6.5438+0.5 million, the tax of 6.5438+0.5 million will be paid.
Second, the new policy of immediate family transfer fee
According to the new policy of immediate family members in the transfer fee, there are generally three common ways, namely, property inheritance, gift transfer and sale transfer. Let's introduce the new policy of immediate family members in the transfer fee.
1, property inheritance
Property inheritance means that the heir can get the property without paying the price of the house itself. In addition, according to the regulations, children get their parents' houses through inheritance, without paying deed tax, only paying notarization fees and production fees. However, because inheritance requires the death of the heir to handle the transfer of property rights, and there are two cases of testamentary inheritance and legal inheritance, the relative transfer procedures are more complicated.
New policy of transfer fee for immediate family members
2. Gift transfer
Compared with inheritance, gift often needs to pay 3% deed tax and 5/10000 stamp duty, which adds up to 3. 1% tax. In addition, personal income tax also has strict regulations.
Such as free gifts to spouses, parents, grandparents, grandparents, grandchildren, grandchildren, brothers and sisters; Business tax and personal income tax shall be exempted in the case of free gifts from supporters or dependents who have direct maintenance or maintenance obligations. In other cases, related fees will still be charged. (The specific proportion is stipulated everywhere). In addition, when the donated houses are traded again, various taxes and fees will still be charged again. Through this addition calculation, the cost is higher.
3. Sale and transfer of ownership
It is safer to choose the way of buying and selling. The name is "sell", but it doesn't need the house payment, and the expenses needed are mainly various taxes and fees.
Third, the new policy of real estate transfer in 2020
According to the new policy of real estate transfer in 2020, there are currently five situations in which houses cannot be transferred. Let's take a concrete look.
1. There is something wrong with the real estate license.
The real estate license is the proof of the property right of the house. If there is no real estate license, the house can be said to belong to anyone without any guarantee. If there is a problem with the real estate license, it may lead to the inability to transfer ownership. The general problems of real estate license are mortgage or loss. So after buying a house, you must protect the real estate license and not let it go wrong.
2. Multi-property houses
Multi-property housing actually means that there are many names on the real estate license, such as the name of both husband and wife plus the name of one parent. It is very troublesome to transfer such a real estate license. The real estate license should write the names of all the people present, because I need to sign it. If one party is absent, then this procedure cannot be handled.
New Deal of Real Estate Transfer in 2020
3. Small property houses
It is also very troublesome to handle the transfer of small property houses, because the procedures are different from those of large property houses. In a sense, small property houses are not protected by the state, so if there are problems such as demolition, there will be no compensation, so the house may not be available before you want to transfer, so don't buy this kind of house.
4. Illegal construction
Illegal buildings are also unprotected. This kind of house is very troublesome in buying and selling, mortgage and transfer. And there are also many loopholes. It is also easy to be exploited by criminals, resulting in the loss of our hard-earned money, and there is nothing to say about rationality and irrationality.
5. Seized property
Many rich people or rich second generation fail to start a business, and they will use their own property as collateral, but some bad people will still sell this kind of property, and then they will be themselves, let alone transfer their ownership.