Phenomenon: How can intermediary support save a lot of taxes and fees?
Kobayashi is going to buy a second-hand house and took a fancy to a house in Beixin District under the introduction of an intermediary. Xiao Lin is satisfied with all aspects of the house, but when it comes to the price, Xiao Lin is embarrassed. Just as Kobayashi was about to give up, the intermediary pulled Kobayashi aside mysteriously, saying that there was a way for the owner to lower the price.
It turns out that the real estate license of this house has not yet reached 5 years. According to the current purchase restriction policy, if the house is to be traded, the seller has to pay a large amount of taxes such as business tax. Based on this consideration, the seller must raise the price to make a profit. The method mentioned by the intermediary is to exploit the loophole of the policy and let the seller evade this tax. The cost of selling a house is low, and the seller is naturally willing to sell it at a reduced price.
How to avoid paying related taxes and fees? The real estate agent gave Kobayashi a trick: Kobayashi first gave the house price to the seller, got the seller's real estate license, land certificate and other documents, and then went to the notary office with the seller for notarization, and signed a contract to stipulate that the two sides would handle the relevant transfer procedures together after the real estate license of this house expired for 5 years. This can save a lot of money. The real estate agent told Xiaolin that this is a common operation method in the industry, and many real estate speculators avoid taxes in this way.
According to the current policy, if the real estate license is less than 5 years old, the seller should pay about 5.5% more business tax and 1% personal income tax. The house that Kobayashi took a fancy to was worth 600,000 yuan, and Kobayashi calculated an account. This fee is not a small sum, and the seller has to pay taxes of almost 40,000 yuan. According to the intermediary, if the fee can be waived before the transfer, the seller can reduce the price by 40,000 yuan. "This is good for both buyers and sellers." The intermediary said to Kobayashi.
The author called Miss Long, a real estate agent in Pengjiang District, and Miss Long said that this practice does exist in the industry. After the transaction is completed, the buyer will move directly into the new house, and after the five-year expiration of the real estate license, the ownership of both parties will be transferred. "I have received several such transactions. The two sides signed an agreement and notarized it at the notary office. There will be no problem. "
Reminder: beware of nothing.
Although this practice can reduce the expenditure of tens of thousands of yuan at once, Kobayashi is still not at ease. After all, the money was given to the other party, but the real estate license is still the name of the other party, which makes Xiaolin feel uneasy. Is this feasible? Is there any legal risk?
Li Yingzi, a lawyer from Guangdong South China Law Firm, reminded buyers that although this approach is feasible in theory, buyers must bear the risk that their houses cannot be transferred.
First of all, housing is real estate in legal definition, and the related rights are real estate rights. According to Article 6 of China's Property Law: "The establishment, alteration, transfer and extinction of real estate rights shall be registered according to law." Article 9: "The establishment, alteration, transfer and extinction of the real right of immovable property shall take effect after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law. " "Transfer after notarization" stipulates that the transfer of house ownership must be registered before it can take effect. Generally speaking, the house must be registered by the house registration management department before it really belongs to the buyer and the ownership is really transferred.
Although the house sales contract was notarized and signed by the buyer and the seller, it was established and came into effect. What happened between the two parties is the creditor's right relationship of contract debt. Legally speaking, the property right is greater than the creditor's right, and the buyer can only claim the liability for breach of contract from the seller according to the signed house sales contract, but can't change the owner of the property right.
Therefore, if the buyer and the seller sign a house purchase contract and pay the relevant house purchase price and taxes in full, if the house transfer registration is not handled in time, and if the seller conceals the real situation and sells the house to others and transfers it to his own name, it is impossible for the buyer to ask the seller to transfer the house after the expiration of five years. At this time, the buyer can only ask the seller to bear the liability for breach of contract. That is to say, when the buyer becomes a creditor, he can only recover the money as agreed, but can't transfer the property.
For the seller, in this relationship between the buyer and the seller, there is basically no risk as long as the seller fulfills the obligation of transfer in accordance with the house sales contract.
The above is a detailed answer about the transfer after notarization. I wonder if you are satisfied with our introduction.