Legal analysis: Taxes are required for gifting property. When property is donated between relatives, the taxes paid vary depending on the circumstances. In the current regulations, the tax regulations on property transfer are not very clear. When making a gift, it is best to have it notarized through a notary public so that the gift can be protected by law.
For personal free gifts of real estate, the tax authorities will collect deed tax in full from the recipient, and stamp the "personal free gift" seal on the taxpayer's deed tax and stamp tax payment certificate. In order to prevent both parties from using fake gifts to evade the business tax (value-added tax) in the donation process and the external sale of the donated house, free gifts are divided into general gifts (including inheritance, wills, divorce, alimony, and direct relatives). etc.) and other free gifts.
Legal basis: "Regulations on the Implementation of the Individual Income Tax Law of the People's Republic of China" Article 6 The scope of personal income stipulated in the Personal Income Tax Law:
(1) Wages . Salary income refers to wages, salaries, bonuses, year-end salary increases, labor dividends, allowances, subsidies and other income related to employment or employment that an individual obtains due to his or her employment.
(2) Income from labor remuneration refers to the income obtained by individuals engaged in labor services, including design, decoration, installation, drawing, laboratory testing, medical treatment, law, accounting, consulting, lecturing, translation, review, etc. Income from manuscripts, calligraphy and painting, engraving, film and television, audio and video recording, performances, performances, advertising, exhibitions, technical services, introduction services, brokerage services, agency services and other services.
(3) Income from author remuneration refers to the income an individual obtains from the publication or publication of his or her works in the form of books, newspapers, periodicals, etc.
(4) Income from royalties refers to the income obtained by individuals from providing the right to use patent rights, trademark rights, copyrights, non-patented technologies and other franchises; the income obtained from providing the right to use copyrights , excluding royalties.
(5) Business income refers to: 1. The income obtained by individual industrial and commercial households from engaging in production and business activities. Investors in sole proprietorships and individual partners in partnerships come from sole proprietorships registered in the country. , Income from the production and operation of partnership enterprises; 2. Income obtained by individuals from running schools, medical treatment, consulting and other paid service activities in accordance with the law; 3. Income obtained by individuals from contracting operations, leasing operations, subcontracting and subletting of enterprises and institutions ; 4. Income obtained by individuals from other production and business activities.
(6) Interest, dividends, and bonus income refer to interest, dividends, and bonus income obtained from individuals owning debts, equity, etc.
(7) Income from property leasing refers to the income obtained by individuals from leasing real estate, machinery and equipment, vehicles, ships and other properties.
(8) Income from property transfer refers to the income obtained by individuals from the transfer of securities, equity, property shares in partnerships, real estate, machinery and equipment, vehicles and ships, and other properties.
(9) Incidental income refers to an individual’s income from winning a prize, winning a prize, winning a lottery, and other incidental income. If it is difficult to define taxable income items for personal income, it shall be determined by the taxation department of the State Council.