Transfer by inheritance
The most cost-effective transfer between relatives is inheritance. If it is a transfer between parents and children, the inheritance cost is low. You only need to pay the registration fee and notary fee of 280 yuan (from 40 yuan to 45 yuan per square meter), and you don't need to pay business tax, individual tax and deed tax. However, the conditions are relatively simple, and only the property belonging to the immediate family members with inheritance relationship can be used.
Among the immediate family members who need attention, even brothers and sisters can't adopt the way of inheritance, so they can only choose to give. In practice, because the inheritance can only be transferred after the death of the decedent, there are fewer people in this way.
Sale and transfer
In real life, in the form of house transfer, buying and selling is the most common and the most convenient and safe operation mode. First-time buyers can enjoy preferential treatment according to the purchase area. Moreover, the seller sells a house, which is five years short of the time to buy a house, and has to pay business tax and personal income tax.
In the transfer of buying and selling methods, the fees are different under different circumstances. From the nature of housing, the transaction costs paid by commercial housing, affordable housing and housing reform are also different.
Gift transfer
Nowadays, many people who buy a house have the idea of "avoiding" some expenses with gifts. But in fact, this method does not save money. Of course, if the house sold is less than five years away from the last transaction and needs to pay business tax, it is still a more cost-effective gift.
The notarization of real estate gift is risky. If the donor gives up the gift before the property transfer, even if the buyer has paid the down payment, due to the nature of the gift, there is no binding responsibility for the seller, which will inevitably bring certain economic losses to the buyer.
Core content: What are the precautions for real estate transfer? Specifically, it includes the buyer's situation, the house has been rented, the owner of the house, the house decided by the court and other matters needing attention. "Legal Express" edited and sorted out the details for your reference only.
I. Matters needing attention in real estate transfer
1 If the unit purchases a private house, the original and photocopy of the qualification certificate (business license or organization code) of the legal person or other organization of the unit (stamped with the official seal), the power of attorney of the legal representative of the unit (collected at the acceptance window), and the original and photocopy of the trustee's ID card;
(2) If the house is not transferred, the land use right certificate shall be submitted;
3 If the parties can't handle it in person, they need to issue a power of attorney or notarial certificate, and the client needs to issue the original and photocopy of the ID card;
4. If the house has been rented and the lessee is not the lessee, submit the certificate that the lessee waives the preemptive right;
5. If there is a * * * owner, a certificate that the * * * owner agrees to sell and a certificate of ownership of * * * are required;
If it is a court judgment, it is necessary to issue a court judgment and a notice of assistance in execution.
Go to the transaction core to handle the transfer formalities, and bring the original and photocopy of the real estate license, ID card and photocopy. To handle the transfer formalities, both the original owner and the husband and wife need to be present: bring ID card, household registration book, house certificate, deed certificate and marriage certificate (single person needs single certificate). Property buyers can apply for registration of house ownership transfer as long as they bring their ID cards, and shall submit the following materials:
1) application for registration;
(2) the identity certificate of the applicant;
(3) The house ownership certificate or the real estate ownership certificate;
(four) information to prove the transfer of ownership of the house;
5) Other necessary information. The materials mentioned in Item (4) of the preceding paragraph may be sales contracts, exchange contracts, gift contracts, bequests, inheritance certificates, division agreements, merger agreements, legal documents that come into effect by the people's courts or arbitration committees, or other materials that prove the transfer of house ownership.
Second, the real estate transfer process
1 If the transfer of the real estate license does not go through a real estate agent, the contract terms and breach clauses must be clearly written, and the party with the name on the seller's real estate license must be present when signing the contract (if married, both husband and wife need to be present to sign, even if there is only one name on the real estate license).
After the application materials are ready, you must go to the real estate bureau to fill out some forms and a stock contract. The amount on the stock contract must be the same as that on the contract.
After all the application materials for real estate transfer are submitted to the real estate bureau, the real estate bureau will give a receipt, which usually takes about 15 working days to pay taxes according to the date indicated on the receipt.
You can get the real estate license after paying the property transfer tax.