“The re-sale of the inherited house requires a tax of 20% of the total house price” is an ancient super rumor. I myself have been asked by relatives, friends, classmates, and customers more than ten times or dozens of times. this problem. And whenever the government introduces some policies on the property market and individual taxes, this rumor will follow the trend and cause chaos. For example, on June 13, 2019, the State Administration of Taxation issued the “Announcement on Individual Income Taxable Income Items Applicable to Individual Income”, clarifying that “If real estate is given to others, the recipient needs to be calculated according to the “incidental income” item. Personal income tax is paid. But gifts to spouses, immediate family members, brothers and sisters do not need to pay. Those who inherit the house do not need to pay individual tax.”. At this time, a bunch of articles came out, saying, “Although you are exempt from paying a tax when you receive a house as a gift or inherit a house, when you want to sell it, you have to pay a tax of 20% of the total sale price. 1. I can’t escape fifteen!” I even passed by a real estate agency once and saw a set of second-hand housing listing information posted on the glass window that said, “Inheriting the real estate, the 20% tax will be borne by the buyer!”. How to pay the tax on the re-sale of the inherited house or the donated house? Is there a “20% tax on the total house price”? What is the legal basis? This kind of professional question really cannot be answered by everyone. You must listen to the professional answers of lawyers. 1. Is there a “20% personal tax on the total house price”? Conclusion: There is indeed a “20% personal tax”, but the total house price is not the taxable income. According to the provisions of my country’s “Individual Income Tax Law”, the income from the transfer of property shall be subject to personal income tax, and the applicable tax rate is 20%. The difference between the transfer income and the original value of the property shall be regarded as the taxable income. This is actually very easy to understand. I bought a house for 1 million, sold 2 million, and earned 1 million. How much income I earned. If I sell it for 1 million, there will be no income without making money, and I don’t need to pay income tax. . As for why there is such a rumor that “20% of the total price of the transfer of personal tax”, I believe that many people think that the inherited or donated real estate is obtained without compensation, so the original value of the property is 0. Therefore, when paying income tax, there is no difference between the transfer income and the original value of the real estate, and the transfer income is directly used as the taxable income. There are many such claims, and rumors have formed over time. In fact, according to Article 4 of the “Notice of the State Administration of Taxation on Several Specific Issues in the Implementation of Real Estate Tax Policies” (Guo Shui Fa [2005] No. 172), individuals will use non-purchase forms such as donation, inheritance, and divorce property division. The purchase price of the acquired house for external sale shall be determined according to the original purchase price before the act of donating, inheriting, or dividing the property of divorce. Therefore, it can be seen that when transferring the donated or inherited real estate, the original value of the real estate is calculated based on the original purchase price, not zero. Therefore, even if you pay a 20% personal tax, the 20% personal tax is calculated based on the “transfer income minus the original purchase price”. 2. The personal tax rate of 20% is too high. Can it be reduced? When some friends see this, they will feel that “Parents bought the house more than ten years or even decades ago. The house price is very low. Even if the original purchase price can be subtracted, it will not be reduced much. In fact, it is the total price of the property transfer. 20% of the country’s population is not far away, and the tax burden is too heavy!”. Is there any way to lower the applicable personal income tax rate and reduce the tax burden? Conclusion: There really are! As mentioned above, there is an important prerequisite for calculating the 20% personal tax based on the “transfer income minus the original purchase price”, that is, there must be a clear “origin purchase price”, which is estimated or when I remember to buy No amount of money is counted. At this time, the homeowner is required to provide a complete and accurate proof of the original value of the house. If it cannot be provided, the original price of the house cannot be determined, and the 20% tax cannot be calculated based on the difference. At this time, the state stipulates that the total value of the house transfer price can be calculated. 1%-3% (the specific ratio is determined by the taxation bureaus of each province and city) to determine the amount of personal income tax payable. Legal basis: “Notice of the State Administration of Taxation on Issues Concerning the Collection of Individual Income Taxes on Income from the Transfer of Individual Housing” (Guo Shui Fa [2006] No. 108) 3. Taxpayers fail to provide complete and accurate proof of the original value of the house and cannot calculate the original value of the house correctly And taxable amount, the taxation authority may implement the assessment and levy according to the provisions of Article 35 of the Tax Collection and Administration Law of the People’s Republic of China, that is, the amount of personal income tax payable shall be assessed according to a certain proportion of the taxpayer’s income from housing transfer . The specific ratio is determined by the provincial local taxation bureau or the prefecture-level local taxation bureau authorized by the provincial local taxation bureau based on factors such as the area, geographic location, construction time, housing type, and average housing price level where the taxpayer sells the house. The transfer income is determined within the range of 1%-3%. Taking Shanghai as an example, if a complete and accurate original value certificate of the house cannot be provided, and the original value of the house and the tax payable cannot be calculated correctly, the ordinary house shall be transferred, and the personal income tax shall be assessed at 1% of the transfer income; the transfer of non-ordinary houses, The amount of personal income tax payable is determined at 2% of the transfer income. Legal basis: Operational opinions on this Municipality’s implementation of the “Notice of the State Administration of Taxation on Issues Concerning the Collection of Individual Income Taxes on Income from Individual Housing Transfers” (Hudi Shui Suo 2 [2006] No. 12) 1. Taxpayers failed to provide complete and accurate housing principles If the original value of the house and the tax payable cannot be calculated correctly, the tax shall be assessed and levied in accordance with the provisions of Article 3 of the “Notice”. For taxpayers who transfer ordinary houses and self-built houses, economically affordable houses, purchased public houses and urban resettlement houses, 1% of the transfer income shall be used to determine the personal income tax payable; for taxpayers who transfer non-ordinary houses, they shall be transferred 2% of the income is approved for personal income tax. If the inherited or donated real estate is too old and the purchase certificate cannot be found, and there is no record in the housing transaction center system, then the personal income tax can be calculated based on 1%-3% of the total price of the house transfer, and the tax burden will not be much lower. That’s it. 3. The sale of inherited or donated houses are exempt from individual tax. If they meet the statutory conditions, they can be exempted from individual tax. I believe many people know this condition, and even understand it well: the only one with full five. The so-called five-year-old only means self-use for more than 5 years, and it is the only living room for the family. Legal basis: “Notice of the Ministry of Finance, the State Administration of Taxation, and the Ministry of Construction on Issues Concerning the Collection of Individual Income Taxes on Income from Individuals Selling Houses” (Caishuizi [1999] No. 278) 4. Transfer to individuals for personal use for more than 5 years and is the only life of the family The income obtained from housing use will continue to be exempt from personal income tax. “Notice of the State Administration of Taxation on Issues Concerning the Collection of Individual Income Tax on Income from the Transfer of Individual Housing” (Guo Shui Fa [2006] No. 108) 5. The individual is exempted from the individual’s income from the transfer of personal use for more than 5 years and the only living room of the family Income tax. 4. What is the starting point for self-use for more than five years? We know that in the sale of second-hand houses, the five-year period of the five-year period basically depends on the registration time of the real estate certificate, and based on this, it is judged whether the five-year period has passed. So if it is a house inherited or gifted by parents, once the property right is changed, the registration time of the real estate certificate will become the date of the inheritance or gift. If you want to meet the five-year requirement, do you have to wait another 5 years? In fact, for non-purchase housing such as donation, inheritance, divorce analysis, etc., the purchase time is determined by the time of purchase before the donation, inheritance, divorce analysis, etc., rather than the time of registration of the real estate certificate. In other words, the starting point of five full in this case is the same as the starting point of selling the house when the parents are still alive or when the parents have not donated the house. Legal basis: “Notice of the State Administration of Taxation on Several Specific Issues in the Implementation of Real Estate Tax Policies” (Guo Shui Fa [2005] No. 172) 4. Individuals will obtain housing through non-purchase forms such as donation, inheritance, and divorce property division. The relevant provisions of the “Notice” are also applicable to sales activities. The purchase time of the house is determined according to the purchase time before the property division of donation, inheritance and divorce occurs, and the purchase price of the house is determined according to the original purchase price before the property division of the donation, inheritance, or divorce occurs. Ending: Family housing is related to the fundamentals of people’s livelihood. my country’s tax policies for individual housing, especially for properties acquired by inheritance and gifts from relatives, are more humane, whether it is taxation at the time of acquisition or collection at the time of resale. , It is biased towards the people’s consideration. In the face of such rumors and gossip, Attorney Xu reminded everyone that they must be based on facts and the law as the criterion.

zhiwo

By zhiwo

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helpmekim
7 months ago

Simply put: Inheritance tax is not levied in China at all, and we do not have the ability to levy it. Once it is levied, it will lead to capital outflow. Foreign countries are gradually abolishing inheritance tax. Since there is no inheritance tax, some people have doubts. Ordinary people don’t have so many assets and have a house for a lifetime. After their parents die and inherit the only house of their parents, they pay 20% tax when they sell it. Is there no inheritance tax? What is going on here? Don’t worry, what you pay is not inheritance tax, but personal income tax. Let me make a digression. The prerequisite for 100% inheritance (real estate) is: the only child and the grandfather and grandmother died before their parents. When inheriting the property, there is no need to pay any inheritance tax. You only need to go through the notarization of the inheritance right and pay a small registration fee, and the house will belong to the heir. If you have been living or renting out by yourself, this house has no major taxes. Once the inherited house is to be sold, the tax will come. Deed tax + value-added tax + individual tax are required for transaction transfer. Deed tax and value-added tax are small, and 20% individual tax is the big one. Summary: We often hear that 20% of the inherited estate is taxed. That’s how it came about. There is not much tax and fee for inheriting the house of parents, and there is no tax or fee if it is sold after inheritance. If it is sold after inheritance, the 20% tax will not run away. Is there any way to save this 20% tax? Yes, yes, not for everyone. When a family talks about money hurts feelings, it hurts money when they talk about feelings. The way to save tax and hurt feelings is as follows: If the house under the parents’ name is intended to be sold later, the family’s population is simple and there is no economic dispute, it is best to do a house sale with yourself before the parents’ death, and buy it for more than 2 years (including 2 Years) are exempted from value-added tax, and the only houses “self-used for more than 5 years” are exempt from personal income tax. This house can be transferred with a small amount of deed tax, and the tax and fee for later sales will be much less.

heloword
7 months ago

A similar situation happened a few days ago. Consulted with the real estate trading center. For example, in the case of Shanghai where the requirement is only five years old, personal income tax can be exempted. As long as it does not reach 5 years and the only saleable housing at the same time, it is necessary to pay personal income tax, about 20%. Generally speaking, if you have the estate left by your father, it must have reached the condition for 5 years, but it is very likely that your situation is not unique, so 20% of the difference will be collected As a personal income tax. If the house was bought for 800,000 yuan, worth 1 million, then in fact, you only need to pay 20% of the personal income tax on the difference of 200,000 yuan. But the problem is, if your father bought this house relatively early, such as when the commercial housing reform was just carried out in the early 1990s, he bought it. At that time, you might really be able to buy a house for only 10,000 to 20,000, but now the price of this house has risen to 1 million. Even if you pay taxes on the difference, you will basically be paying the full price of the house. So objectively it becomes now, you have to pay personal income tax at about 20% of the full price of the house. But this tax is not called an inheritance tax, and my country has not yet levied a formal inheritance tax. So if this house is the only saleable house you currently have, it is theoretically tax-free, or your father had a higher cost of acquiring the house. So even if you pay taxes now, the taxable base will not be too high.

helpyme
7 months ago

There is no inheritance tax in my country, but buyers and sellers have to pay many other taxes during the real estate transaction process. In the current seller’s market, basically all taxes and fees are borne by the buyer. What are the costs of buying a second-hand house? 1. Housing payment. The most important thing is the housing payment. The total amount of second-hand housing payment is affected by the construction age, area size, block location, supporting facilities and other factors. It is recommended to make more comparisons and comprehensive considerations to select the most suitable home purchase target in mind. Based on the fact that most of the taxes and fees are calculated based on the total amount of the house payment and the area of ​​the house, these factors must be taken into consideration when starting the selection. 2. Monthly loan interest. Why should I mention the monthly loan interest? Although it is not required to be handed in at the beginning, it is distributed to each month. But for many friends, if you pay a lot of interest every month, it’s best to leave a little money at the beginning, so that you can afford the interest for a few months and give yourself a buffer. Don’t be too nervous. 3. Intermediary fees. Currently, the intermediary fee is almost 2%, 1% to 2% for smaller intermediaries, and 2.5% to 2.7% for well-known ones. What are the taxes for buying second-hand houses? 1. Deed tax: The deed tax will be levied at a reduced rate of 1% if an individual purchases the only house in the family with an area of ​​90 square meters or less. For areas above 90 square meters, the deed tax will be levied at a reduced tax rate of 1.5%. The deed tax will be levied at a rate of 2% for the second set of improved homes purchased by individuals with an area of ​​90 square meters or more, except for the second set of houses in Beijing, Shanghai, Guangzhou and Shenzhen. 2. Personal income tax: It depends on whether the second-hand property right you purchased has been five years old and the seller has the only house. The reason for emphasizing this “full five” and “only” is that only the two conditions of full five can be exempted Tax. 3. Value-added tax and additional tax: The value-added tax and additional tax rate of the real estate certificate less than 2 years old is 5.6% (the value-added tax rate is 5%). The real estate certificate is exempt from value-added tax for 2 years. There are also evaluation fees, stamp duties, registration fees, etc. that do not account for the bulk and are ignored. The policy has been changing, and the specific recommendations are subject to the calculation of the local tax bureau

sina156
7 months ago

It’s a fart! Did you ask the intermediary? This is all basic knowledge. If you ask an intermediary, the intermediary you are asking is either a black intermediary who wants to take your house at a low price and resell it for the difference, or it is a fake intermediary. I have never seen a 20% tax on the sale after inheritance. It is recommended to consult a professional. Don’t catch an agent Zhang Xiaowu and Li Laosan on the roadside, just ask the guys in Taiyuan if you need it, you can ask my friends from other places at any time. If you really don’t know who to ask, you can go to the Housing Management Bureau for advice. Money, what are you afraid of, please ask!

yahoo898
7 months ago

A professional real estate agent in Beijing for 9 years will answer that the expenses incurred from inheriting from your father’s name to your name are mainly inheritance notarization fees. The immediate family members who go to the notary office together are: your grandfather, mother, brothers and sisters, your immediate family members Go to the notary office to handle the notarization of inheritance together. After the inheritance is fair, you can change the real property right certificate. There is no need to pay deed tax and tax, only a few dozen yuan in cost. In addition, the 20% tax that I told you should be after you inherit it and sell it now. Your family has more than this property, so a personal income tax of 20% of the difference will be levied. It is not an inheritance tax. Real estate is a large asset and involves many taxes and fees. Therefore, everyone needs a reliable professional broker. Whether buying a house, selling a house, or exchanging a house, they can give very useful advice!

leexin
7 months ago

Professional related inheritance, property analysis, and donation of the house, if it is sold again, the personal income tax on the sale of the house will be levied. The personal income tax is levied at 20% of the difference. The difference is the assessed price or the transaction price minus the original value of the house (invoices or deed tax receipts) For example, if the house is now 1 million, and 400,000 was bought at the time, the difference is 60. 20% of 60 is 120,000. This tax belongs to personal income tax. If the house is five years old and is the only set, it can be Relief.

greatword
7 months ago

The first time I heard about inheritance tax, there is no need to spend money on inheritance, and there is no need to pay deed tax, that is, to pay the cost of labor and the like. Of course, the notary office needs to issue a notarization. As for the tax of 1 million and 200,000 yuan, it is a WBD statement. “Notice of the State Administration of Taxation on Strengthening the Administration of the Tax Administration of Individual Gratuitous Gifts of Real Estate in Real Estate Transactions”. The second stipulation: The recipient obtains the real estate that the donator has donated free of charge. Later, if the real property is transferred again, when paying personal income tax, the taxable income shall be the taxable income after deducting the tax paid in the process of donation and transfer of housing and relevant reasonable expenses from the income from the property transfer, and the applicable tax rate is 20% Calculate and pay personal income tax. This is the tax calculation, that is to say, the difference between the estimated price at the time of resale minus the last estimated price*20%, understand?

loveyou
7 months ago

At present, there is no inheritance tax in China, and there are many proposals, but no legislation has been passed, so no inheritance tax is levied; no inheritance tax refers to the process of inheriting from the father to the child, that is, the process of changing the registered owner of the property from the father to the child; Selling a house refers to the process by which the child changes the ownership of the house to a third-party buyer. This house is inherited income and is subject to personal income tax according to the law. The personal income tax rate is 20%, and the taxable income is the price of this sale-the amount Dad paid when he obtained the house. The specifics are subject to the house file. Shanghai has the only tax exemption policy for over five years, that is, if the house has been acquired for five years and is the only house, income tax is exempted; over five years, it is calculated from the time when father obtains the house. The only house is currently not connected to each district in Shanghai, so houses in other districts cannot be found in the transaction center at the district level, and can only be found in the same district. (Note: Only the system of change registration cannot be found, not the transaction center. The system itself cannot be found). Therefore, what is actually adopted is the commitment system. Basically equivalent to not checking. So it’s not a 200,000 tax for a 1 million house. It is assumed that the selling price is 1 million and the buying price is 200,000. According to the taxable income of 800,000, 800,000 × 20% = 160,000 income tax. (Rough calculation, in fact, some other miscellaneous expenses have to be deducted)

strongman
7 months ago

First of all, there is no inheritance tax in China, 20% is a tax. If it is the only house with more than five years, the seller is exempt from value-added tax and individual tax, and the buyer pays the deed tax according to the number of houses purchased. At the end of five years, the date of registration of the property right before the inheritance is calculated, and the only set of housing is based on the number of housing sets of the owner of the property right after the inheritance. If it is not the only one, the taxable income shall be the taxable income after deducting the tax paid during the donation and transfer of housing and relevant reasonable expenses from the property transfer income, and the individual tax shall be paid at 20%. The buyer’s deed tax is the same as above. The taxation basis for personal purchases of second-hand houses is generally based on the assessed price of the tax system. If the contract price is higher than the system assessed price, the contract price will be used. Whichever is higher. However, the most accurate is to consult local taxation. As I know of the drama, there are places where only housing donations are taxed at 20%, and inheritance is still taxed in accordance with normal sales standards.

stockin
7 months ago

Many home buyers or homeowners understand that the transfer of the house will save a lot of money. Some onlookers said that happiness came too suddenly. Is this really true? In fact, there is no change in the personal tax collection and exemption regarding house inheritance and gifts between immediate family members. In other words, it is the inheritance and donation of houses between immediate family members, and no personal income tax has been levied. Compared with the previous relevant regulations, there is only one change, that is, the taxation items have changed from “other income” to “incidental income”, and the expression is more rigorous. In other words, if relatives donate the house, we still have to pay these fees. The transferor pays stamp duty: assessed price*0.05%; the acceptor pays deed tax: assessed price*5%; stamp duty: assessed price*0.05%, license stamp tax 5 yuan. If it is a death inheritance, we need to pay: the transferor: no tax is required. The recipient: the license stamp tax is 5 yuan. The condition for inheritance is that the parents or one of the parties has passed away, and the inheritance needs to be notarized (randomly asked a notary office: parents For all deaths, the notarization fee is calculated based on the area of ​​the house, 30 yuan per flat; if one party is alive, 15 yuan per flat) inheritance, gift to immediate family members are not taxed. Let’s calculate the account now. Let’s take the transfer of a 90-square-fee house for two years as an example, assuming that the appraised price is the same as the declared price of 1 million (in the actual transfer, when the declared price is different from the system appraised price, the price is higher By). The total cost of the gift is 1 million * 5.1% = 51,000. The total cost of the transaction is 1 million * 2% = 20,000. If the property being traded is the seller’s third property, the total cost of the transaction is 1 million * 4% = 40,000. Regardless of whether the seller’s property is more than three sets, the cost of buying and selling a house after two years of ownership is lower than that of the gift. In real life, the property rights of the parents’ real estate are usually more than two years or even more than five years. Therefore, we recommend the transfer of ownership by way of buying and selling, which saves money and worry. It should be noted that inheriting real estate: the tax is the least, and the cost of resale is higher. If the house is not eligible for exemption when it is re-sold after receiving the gift and inheritance, the re-transaction after the gift and inheritance of the house still needs to pay 20% of personal income tax. Moreover, because inheritance can only be carried out after the death of the inheritor, the property rights can be transferred, and it involves complicated procedures and legal issues, and the risk is high. If other heirs with inheritance rights are involved, they must go to the notary office together to waive the inheritance rights. At the same time, a death certificate, a kinship certificate, and the deceased’s personnel file must be issued. If the deceased is not over 80 years old at the time of death, the death of the deceased’s parents must also be issued. prove……

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