House donation is a civil legal act that the donor voluntarily gives all his houses to others for free and others are willing to accept them. House donation between brothers and sisters can be handled according to the following procedures: 1. The basis for the registration of house donation is 1, People's Republic of China (PRC) and China Urban Real Estate Management Law; 2, urban housing management authority registration management approach; 3, housing ownership registration regulations (specific areas); Two. Instructions for handling the registration procedures of house donation If the house donation applies for transfer registration, the applicant is both parties to the gift contract. To apply for transfer registration due to house donation, the following elements should be provided: 1, application form for transfer registration of house ownership (original kept); 2, the applicant's identity certificate (check the original and copy); 3. Real estate license (original retained); 4. The gift contract notarized by the notary office (the original remains); 5. Deed tax payment certificate (original inspection). If there is mortgage registration or mortgage advance notice registration, the transfer of the house shall be subject to the written consent of the mortgagee. The transfer of farmers' residential houses on the homestead shall be subject to the written consent of the villagers' committee. Three. The time limit for handling the registration formalities of house donation The registration institution shall complete the examination within 30 days from the date of accepting the application for house transfer registration. Four. Tax standard for registration of house gift 1. Registration fee: housing, the right holder shall pay according to the 80 yuan of each house; For non-housing, both parties shall pay 2‰ of the total standard house price. 2. Deed tax: If the ownership of the house is transferred due to sale, gift or exchange, the transferee shall pay the deed tax at 3% of the transaction price (or market price); Individuals who purchase houses that meet the specified ordinary housing standards shall pay deed tax at 0.5% of the transaction price of 65438+. 3. Stamp duty: 0.5‰ of the market price of the house shall be taxed, and all stamps shall be affixed. 5 yuan for each house ownership certificate. 4. Fees: If the house ownership certificate is issued, the certificate fee will be exempted; If the house ownership certificate (* * *) is issued to multiple house owners, the certificate fee shall be paid for each additional certificate 10 yuan. The specific tax standard is subject to the publicity of local government departments.
Legal objectivity:
Article 16 of the Provisional Regulations on the Registration of Real Estate An applicant shall submit the following materials and be responsible for the authenticity of the application materials: (1) an application for registration; (two) the identity documents and power of attorney of the applicant and the agent; (three) the relevant certification materials of the source of real estate ownership, the certification documents of the reasons for registration and the certificate of real estate ownership; (4) Property boundary, space boundary, area and other materials; (5) A statement on the interests of others; (six) other materials as prescribed by laws, administrative regulations and the detailed rules for the implementation of these regulations. Article 211 of the Civil Code When applying for registration, the parties shall provide the ownership certificate, real estate boundary, area and other necessary materials according to different registered items.