Owning a house of their own is everyone's lifelong pursuit, and some people don't have to rush for the house, because their parents have already prepared for them. However, when the parents are ready to transfer the property to their children as adults, which of the ways of donation and sale is the lower tax? Now follow 360 common sense net to understand!
Procedures and expenses for handling house property donation:
The first step: the donor and the donee of the real estate need to conclude a written contract of housing donation, that is, the donation letter. Then, the donor and the donee should take the gift certificate and the property right certificate of the house, and go to the notary office where the house is located to notarize the house gift.
There are two costs involved in this process: assessment fee and notarization fee. Notarization fee, like the notarization of inheritance right, the proportion of notarization fee charged for house donation is 2% of the total benefit, but not less than 200 yuan.
Step 2: go to the real estate trading center to go through the registration procedures of house ownership transfer. The materials needed include the application for house donation, the identity documents of the donor and the donee, the original real estate property right certificate, the gift certificate and notarial materials, as well as the deed tax receipts paid.
Related expenses: different from the inheritance and transfer of the real estate, in addition to the real estate appraisal fee, the notarization fee of the house gift, the registration fee of 80 yuan, the certificate stamp tax of 5 yuan, the real estate transaction fee of 3 yuan per square meter paid by the donee, the contract stamp tax of 0 and 05% of the house appraisal price, the real estate gift also needs to pay a deed tax. At present, the collection proportion of deed tax is 3% of the appraisal value of the house.
Transaction transfer: transaction transfer may involve business tax + personal tax + deed tax + notarization fee + transfer registration fee.
There are two situations.
Situation 1: if this property is the only property of the transferor, less than 90 square meters (belonging to ordinary residence), and 5 years have passed since the last transaction, then business tax is exempted, deed tax 1, 5% and individual tax is exempted.
That is to say, if it is the only property of the transferor and less than 90 square meters, then the way of buying and selling the transfer is cheaper than the way of giving.
Situation 2: if the house property is more than 90 square meters (non ordinary residence), the deed tax is 3%, and the personal tax is 20% of the difference (for example, if the house property was purchased by 200000 yuan from housing reform, the current market value is 1 million yuan, then the difference is 800000 yuan, and the personal tax is 160000 yuan); and the business tax is exempt for 5 years; if the house property is less than 5 years, the business tax is nearly 6%.
Is it a gift or a transfer?
1. Under what circumstances is the donation transfer fee small?
As the gift between immediate relatives only needs to pay 3% deed tax, if the house transfer involved will generate a lot of taxes, in this case, it is more cost-effective to transfer the gift.
2. Under what circumstances is the transaction transfer fee less?
In the following cases, trading transfer is allowed.
First, ordinary houses with an area of less than 90 square meters, which have been the only houses under their name for five years, will only generate deed tax (less than 90 square meters is 1% deed tax, more than 90 square meters is 1,5% deed tax);
Second, after five years, but not the only public house, if the original value cannot be found, the area is less than 90 square meters, except for the deed tax, only 1% of the individual income tax will be generated.
It can be seen that whether a house is to be donated or sold, which is more cost-effective, depends on the actual situation of the house. We should consider the transfer form of the house from many aspects, and we can't break the rules and uprising. Therefore, in the future, when facing the transfer of real estate, we should choose the transfer method according to the specific situation of the house. If you have any questions, please consult a lawyer.