? Pay off debts with the house? Sales tax is still levied
? Don't say 20% tax, I don't even have to pay 2%! ? Shunyi resident Lao Wang is going to buy a second-hand house. After studying the existing policies, he thinks he has found the answer? A loophole? . It turns out that Lao Wang and the seller discussed privately and paid the payment to the seller first, on condition that the seller issued a bill that would not be returned at maturity? Pay off debts with the house? IOUs. At that time, Lao Wang sued the seller for not paying back the money when it was due, and let the court enforce the property. Pay off debts with the house? .
Is it possible not to pay taxes? The answer is of course no.
The relevant person in charge of Shunyi District Local Taxation Bureau told the reporter that according to the relevant regulations of State Taxation Administration of The People's Republic of China City, People's Republic of China (PRC), taxpayers should declare and pay taxes according to law regardless of whether the auction or sale of property is an independent act of taxpayers or a compulsory act implemented by people's courts. ?
? Pay off debts with the house? Compared with the normal sale of second-hand houses, is the tax less? In this regard, the tax authorities said: No matter whether the unit or the individual uses the house to offset the relevant debts, whether it is decided by both parties through consultation or ruled by the court, the ownership of the house has been transferred, and the original owner has also gained economic benefits from debt relief. Therefore, the behavior of units or individuals to pay off related debts with houses or other real estate is actually based on? Selling real estate? Business tax is levied according to tax items.
In addition, personal income tax and deed tax are also paid in this process.
The second suite of children cannot accept the transfer of the elderly.
Ms. Chen, a citizen, has consulted many good friends and intermediaries these two days. Because my mother is old, I want to add Ms. Chen's name to the real estate before her death. I wonder if she can sell it to children at a low price, or handle gifts, as the online legend says? The reporter's follow-up found that after the implementation of the new policy, the elderly need to consult and calculate carefully if they want to transfer their property to their children. If there are already two suites under the name of their children, it is impossible to realize the transfer at present.
Yesterday, the reporter came to the information desk of Haidian District Housing Management Bureau in the service hall of Shangdi Service Center and asked: There are already two suites under the name of the child. Can the elderly be transferred to their children by buying, selling or giving?
? You can't. ? A staff member on the right side of the information desk immediately answered, and suggested that the reporter call the convenience telephone number of the Municipal Construction Committee at 599588 1 1 for enquiry. The reporter immediately dialed the number, and the staff of the other party said that residents of Beijing hukou can only buy two sets of houses, and there are already two suites under their children's names, which is in line with the purchase restriction policy and cannot accept the transfer of the elderly. If the child is married and has no house or only one house, then the transfer can be handled.
? Ms Chen already has two suites. If the mother's property cannot be transferred because of the purchase restriction, can't the old man die? ? The staff said that the transfer could not be handled under the purchase restriction policy. After the death of the elderly, the property of the elderly can be sold after the notarization of the relevant property, and the children can only inherit it in cash.
Parents? Send? House sale is different from gift tax.
Old people do not handle the transfer, but only add their children's names to the real estate license. Is it okay? It is understood that legally speaking, add a name? Essentially the owner of the house. It can be handled in three ways: gift of real estate rights, sale or analysis of production registration. Among them, the increase of housing owners in housing analysis and registration is only applicable to couples. Then, the old man will transfer the property under his name to his children, leaving only two ways: buying and selling and giving. Which way is more suitable?
? Is it better to transfer the property to the children's name by gift than by buying and selling? ? A citizen thinks so. But the reporter learned that many elderly people want to apply for housing because they have to pay a lot of taxes to buy and sell second-hand houses? A gift? Program. In fact, the two methods have their own advantages and disadvantages, which need to be analyzed according to their own situation.
If the property is transferred by gift, according to the relevant regulations, if the property owner gives the property to his spouse, parents, children, grandparents, grandchildren, brothers and sisters free of charge, no personal income tax will be levied on both parties and business tax will be exempted. However, if an individual donates real estate for free, the deed tax shall be levied on the donee in full according to the market price of the donated real estate, and the tax rate shall be 3%.
In addition, the donated house must be notarized, and according to the relevant regulations, the fee for proving property inheritance, gift and bequest is charged at 2% of the benefit. 2%? It is not the current market value of commercial housing, but the evaluation price. The appraisal price is far lower than the market value of commercial housing, but in recent years, Beijing's housing prices have doubled, the appraisal price is lower, and the base is not small.
The only house that has been sold for five years has low taxes.
What should I do with old-age real estate? Business? Or? A gift? The reporter went to the stores of many second-hand housing intermediary companies such as Chain Real Estate and Zhongyuan Real Estate for consultation. Mr. Wang, the intermediary, calculated the account carefully for the reporter.
Take a set of 1 14 square meter ordinary housing in a residential area as an example, because the property has lived for five years and is the only housing. If the house is transferred by buying and selling, it is the only ordinary house in five years, so it is exempt from individual tax and business tax, and only needs to pay deed tax. The deed tax is 65438+ 0.5% of the transfer price. The transfer guide price of the intermediary is about 2 1 0,000 yuan per square meter multiplied by 1 0,438 square meters, and the transfer price is about 2.3 million yuan, multiplied by 1.5%, and the deed tax to be paid is 34,500 yuan.
If the transfer is made by gift, the deed tax and notary fee shall be paid. The deed tax is 3% of the market value, and 2.3 million yuan multiplied by 3% equals 69,000 yuan. The notarization fee is 2% of the appraised price. The appraised price of Jia Lian Real Estate Network is 4174,400 Yuan multiplied by 2%, which is 83,488 Yuan. The total deed tax and notary fee to be paid for the house is 152488 yuan.
In other words, for the only house that has lived for five years, the old man will change rooms? Sell? For children, you only need to pay 34500 yuan; And will the old man know the house? A gift? In the case of children, the deed tax and notary fee to be paid totals 152488 yuan, and the tax to be paid exceeds 1 17900 yuan. Obviously, business is more cost-effective.