What fees need to be paid when a house is given to a son after his parents die?

So what fees need to be paid for inheritance?

In daily life, real estate transfer is a matter of great concern to everyone, such as parents transferring real estate to their children, and between husband and wife. Real estate transfer, now there are also real estate transfers between male and female friends or relatives and friends. For those who plan to transfer property, what are the transfer methods available? Which transfer method is more cost-effective?

Today I will explain it clearly to you, the dry information compiled by vomiting blood, please like, collect, and forward!

The more common transfer methods include sale transfer, gift transfer, inheritance transfer, and property division transfer between husband and wife.

Let’s analyze the tax calculation methods of these transfer methods in detail

Let’s talk about real estate transfer first

Buy and transfer is through real estate transactions. When transferring a property, the transfer fee will be charged according to the standards for sale and purchase. Generally, the sale and purchase of second-hand houses involves deed tax, personal income tax and value-added tax, land transfer fee, and land deed tax. Usually the taxable price is calculated based on the transaction price or the price approved by the tax bureau, whichever is higher.

Deed tax: refers to a property tax levied on the property rights inheritor when the ownership of land or house is transferred. The taxpayer is the unit or individual who inherits the land or real estate, that is, the purchaser.

The deed tax calculation method depends on the buyer’s situation. If the buyer is the first home owner and the house purchased is less than 90 square meters, the deed tax is calculated at 1% of the taxable price; if the buyer is the first home owner, But if the house is over 90 square meters, the deed tax is calculated at 1.5% of the calculated price. However, if the buyer is buying a second house, the calculation will be 3% regardless of the area of ??the house purchased.

The list is as follows:

△Deed tax calculation method

Personal income tax: Personal income tax in the process of real estate sales is a tax imposed by the People’s Republic of China on its own citizens, An income tax levied on the income from the transfer of property of individuals residing in the country and the income from the transfer of property of overseas individuals originating in the country. The taxpayer is the individual who transfers the ownership of land and real estate, that is, the seller.

The calculation of individual tax depends on the situation of the seller. If the house sold is an ordinary residence, has been certified for five years, and is the only one in Guangzhou, then the individual tax can be exempted. The two conditions of year and uniqueness must be met at the same time. As long as it is less than five years old or not unique, you need to pay a 1% personal tax. But for non-ordinary residences, there are two tax calculation methods. You can provide a starting invoice or not provide a starting invoice. If an invoice is provided, it can be calculated at 20% of the difference. If an invoice is not provided, it is calculated at 1%.

The list is as follows:

△Individual tax calculation method

(Note: non-ordinary residences refer to those with a building area greater than 144 square meters and an internal area greater than 120 square meters Residential)

Value-added tax and surcharges: Value-added tax is a turnover tax levied based on the added value of real estate during the transfer process. It is a tax that the seller needs to bear. Value-added tax surcharge includes three types of taxes: urban maintenance and construction tax, education surcharge, and local education surcharge. The taxpayer is the seller.

Ordinary residences that are more than five years old are exempt from value-added tax, but if they are less than five years old, they need to pay 5.3% tax. However, if they are non-ordinary residences, they must pay 5.3% value-added tax regardless of how many years they have been. Tax. There are two tax calculation methods for non-ordinary residences. One is to provide a starting invoice, and the taxable price is deducted from the invoice amount, and the difference is calculated at 5.3%; the other is to not provide a starting invoice, and the taxable price is directly calculated at 5.3%. %calculate.

The list is as follows:

△Value-added tax calculation method

Let’s talk about the transfer of property as a gift

What is a property gift? It is a civil legal act in which the property owner donates the property in his name to others for free. Bequests to non-legal heirs are also gifts. Gifts are divided into gifts from immediate relatives and gifts from non-immediate relatives

Immediate relatives here include spouses, parents, children, grandparents, maternal grandparents, grandchildren, maternal grandchildren, and brothers and sisters

So what taxes need to be paid on gift transfer?

If it is a gift between immediate family members, no matter how large the property is, or whether it is the first or second home, a 3% deed tax is required.

If it is a gift from a non-immediate relative, then the tax must be calculated according to different circumstances

1. Deed tax: Regardless of the area of ??the property, whether it is the first or second home, the tax is calculated based on the 3% of the price is calculated as tax.

2. Personal income tax: This is calculated based on the ownership period of the donated house and whether the property is unique.

If the donated house is unique for more than five years, it is exempt from tax; if it is less than five years or not unique, it will be calculated at 1% of the taxable price

3. Value-added tax and surcharge: If it is an ordinary residence that is more than five years old, it is exempted, but non-ordinary residences need to pay 5.3% tax; if it is less than five years old, no matter how big the area is, it will pay 5.3% tax. .

The list is as follows:

△Donation tax calculation method

The taxes incurred by the transfer of property as a gift may be less than the transfer of property, but the property received as a gift When reselling, the calculation method of personal tax is different from the calculation method of real estate acquired from purchase. If the property is sold for more than five years and is unique, the individual tax will be exempted. However, if it is less than five years old or is not unique, the individual tax will not be 1%, but will be levied at 20%!

In addition, there are several matters that need to be paid attention to when gifting real estate

1. After the gift is given by an immediate family member, the age of the real estate when it is sold can be calculated based on the time when the real estate certificate is obtained, but it is not a direct gift. I only look at the time of the certificate I have in hand.

2. After the donor donates the house to others, he can only buy another house after two years.

3. For cities with limited purchase areas, gifts are regarded as sales. The recipient must be qualified to purchase a house, and the donated house is included in the number of houses under the individual's name. The recipient can then purchase a new house. The impact of the time purchase restriction policy.

4. Donation requires notarization of the house donation contract, and both the donor and the donee must go to the notary office in person. If the donor's true intention is to gift the donated property only to the donee for personal use and not as joint property of the donee and his spouse, then the donor should clearly write this true intention into the donation. contract. After the gift contract is notarized, the property rights transfer registration must be carried out in a timely manner, otherwise the gift may be invalid.

5. Before getting married, the real estate is donated as a "betrothal gift" for the purpose of marriage. If the marriage contract fails, the donor has the right to take back the real estate, but if you are married, you cannot take it back.

6. Gifts after marriage, especially if the couple owns property rights after marriage, the spouse needs to issue a written consent statement for the gift. If one party arbitrarily donates the property owned by *** to another person, it shall be invalid. Therefore, If it is concealed that the spouse has donated the property to others, the spouse has the right to get the property back.

Finally, let’s talk about inheritance and transfer

First of all, don’t naively think that the house will be yours after your parents pass away. The actual situation may be more complicated than you think.

Before talking about the inheritance and transfer of real estate, we must first understand the methods of inheritance and the priority of various methods. Otherwise, you may not be able to successfully inherit your parents' real estate.

Inheritance refers to a legal system in which a citizen’s inheritance is transferred to all heirs in accordance with legal provisions after his death. Inheritance is the legal personal property left behind when a citizen dies, and the deceased citizen is called the decedent.

The methods of inheritance include: statutory inheritance, testamentary inheritance, bequest and legacy support agreement.

Their priority is: Legacy Support Agreement>Testament Inheritance, Bequest>Legal Inheritance

Statutory inheritance refers to the legal inheritance of the decedent’s personal property when he died without leaving a will. Inheritance is a method of inheritance based on the scope, order and distribution principles of heirs stipulated by law. Legal inheritance is further divided into first-order inheritance and second-order inheritance

First-order heirs include: spouse, children, and parents; widowed daughter-in-law has fulfilled her support obligations to her father-in-law and mother-in-law, and widowed son-in-law has fulfilled her support obligations to her parents-in-law. . (Children include legitimate children, illegitimate children, adopted children and dependent step-children, parents include biological parents, adoptive parents and dependent step-parents)

Second-order heirs include: Brothers and sisters, grandparents, maternal grandparents; (Brothers and sisters include brothers and sisters of the same parents, half-brothers and sisters, adoptive brothers and sisters, and step-brothers and sisters with dependent relationships)

After the legal inheritance begins, the first-order heir will inherit. The second-order heir cannot inherit. If there is no first-order heir, the second-order heir will inherit.

The status of heirs in the same order is completely equal, and the inheritance will be distributed equally among them. The heirs may also be unequal if they agree through negotiation.

Testamentary inheritance, also known as designated inheritance, refers to a way in which the heir designated in the will inherits the inheritance of the deceased according to the type and amount of the inheritance identified in the will.

Bequest refers to a civil act in which a citizen donates his or her personal property to the state, collective organization, social group or a person other than the legal heir through the establishment of a bequest, which becomes legally effective upon his or her death. After a bequest is made, the legal heir loses or partially loses the right to inherit the deceased's estate.

A bequest and support agreement refers to an agreement entered into by the legatee and the supporter to clarify the relationship between their rights and obligations in bequest and support. The legacy support agreement is paid and mutually conditional, and it embodies the principle of consistency of rights and obligations.

Do you have some understanding of inheritance after seeing this? Even if you are an only child, not all of your parents’ properties may belong to you. It is possible that your seven aunts and eight aunts all have the right to inherit.

1. Legal inheritance does not require deed tax, personal tax, or value-added tax, but inheritance notarization is required. The inheritance notarization fee is usually calculated at 1%-2% of the assessed value.

2. Non-statutory heirs who inherit real estate under a will should pay a deed tax of 3%

3. Similarly, if the inherited real estate is sold again, a 20% personal income tax must be paid.

Finally, let’s summarize

If the real estate transfer is through sale, the tax will be determined based on the buyer’s own situation and the age of the house purchased, while gifts from immediate family members only A 3% deed tax is required, and statutory inheritance can be exempted from various taxes, but the premise is that the real estate owner can inherit it after his death, and when the house received from gifts and inheritances is sold, a 20% personal income tax may be required. So which method is most cost-effective depends on your own situation.

Source: Sina News