Low house prices for tax avoidance? Should the down payment increase the house price?
Yin-Yang contract refers to two or more contracts with different contents signed by the buyer and the seller on the total house payment, one is the real internal transaction price, and the other is the online signing for filing and mortgage application.
Causes and risks of low housing prices;
The main reason in practice: the large amount of taxes and fees in real estate transactions are generally paid according to a certain proportion based on the total transaction amount. In the second-hand housing transaction, the "low evaluation" adopts low-price online signing, mainly to avoid taxes and reduce the total cost of buying a house.
Risks faced by buyers:
1, facing the risk that the contract terms have no legal effect.
The act of signing a yin-yang contract belongs to the malicious collusion of the parties to harm the national interests, and the false price terms will be deemed invalid. This means that once there is a problem in the transaction process, it is difficult for the buyer's rights and interests to be protected by law.
When the property is sold again, the tax will increase.
Since the filing price is lower than the actual transaction price, the buyer will sell the house again in the future, which may increase the tax costs such as personal income tax.
3. Tax evasion violates national laws and regulations.
In the yin-yang contract, the buyer has tax evasion, and once it is found out by the tax authorities, it may face administrative penalties such as overdue tax and fines.
Risks faced by the seller:
1, facing the risk that the contract terms have no legal effect.
This, like property buyers, faces the risk of invalid contracts. If the buyer reneges in the subsequent transaction process, such as not paying the house price beyond the online signing price on time, or asking for the transfer of the house at the online signing price, the seller will increase the time and money cost no matter how to urge and sue.
2. Risks of administrative punishment and criminal investigation.
The seller who signed the yin-yang contract can pay less or even no business tax, personal income tax, etc. Once the tax authorities find out that there is tax evasion, they will be recovered from taxes and fines, and will be investigated for criminal responsibility.
According to Article 201 of the Criminal Law of People's Republic of China (PRC), the amount of tax evasion accounts for.
Those who pay more than 30% of the tax payable and evade taxes of more than 654.38+10,000 yuan shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined not less than one time but not more than five times the tax evasion.
The main reason in practice: mainly to reduce the down payment, the house price written in the contract is higher than the actual transaction price, in order to borrow more from the bank and solve the problem of down payment funds. People say that adding leverage to buy a house often refers to this mode of operation.
Risks faced by buyers:
1, high evaluation and high loan may be rejected or lent.
Submitting a yin-yang contract with high evaluation and high loan to the bank is likely to be rejected, and there is a risk of overdue payment after taking the time. Secondly, even if the loan is successfully applied for and transferred during the transaction, once the behavior of high evaluation and high loan is reviewed by the bank, the bank will withdraw the loan on the grounds that the loan applicant defaults.
2. Forging false information is suspected of loan fraud.
In practice, creating high housing prices cannot avoid fraud, and forging false down payment vouchers and related materials violates the law. If the circumstances are serious, criminal responsibility shall be borne. In China's judicial cases, loan fraud cases are common.
3. The cost of taxes and fees increases directly.
Because the online signing is based on the high housing price written in the Yin-Yang contract, the tax will also be calculated according to the online signing price.
4. Facing the risk of being reported by the seller.
No matter the seller's original cooperation or just understanding, as long as the seller reports to the bank that the buyer has a high evaluation of the loan after receiving the deposit, the buyer will face the dilemma of not being able to pay the full amount on time, and what awaits the buyer at this time is a high liquidated damages.
People who want to buy and sell second-hand houses through yin-yang contracts seem to take advantage, but the invisible cost is often not low, and some risks are unbearable. Of course, in the actual transaction, it is necessary to choose between legal risk and transaction cost after evaluation, and it also depends on the specific situation of the transaction object.