What is the process of buying out property rights? -Yes.
What is the process of buying out property rights?
1. Sign the sales contract. Apply for appraisal 3. Submit materials and evaluation reports to the bank. Pay attention to bank 5. Check the bank and deposit a down payment of 6. Accept it at the exchange. Exchange visa takes effect. Go through the mortgage formalities. Handle other rights certificate 10. After receiving the property right certificate and other rights certificates, the bank shall notify the tax buyers of both the lender and the buyer? Deed tax: appraised price/declared price × 1.5%? Supervision fee: construction area ×3 yuan /O? Stamp duty: declared price × 0.05%? Cost of title certificate: 85 yuan/copy? Property transfer fee: depending on the type of house payment. If the bank loans to buy a house, the buyer will increase the following expenses: appraisal fee: appraisal price × 0.4%? Insurance premium: loan amount × loan term × insurance interest rate? Other ownership certificate fees: 85 yuan/Seller? Stamp duty: declared price × 0.05%? Supervision fee: construction area ×3 yuan /O? Land revenue (housing reform, affordable housing, fund-raising housing, and housing): appraised price/declared price × 1%? Personal income tax (demolished houses and commercial houses): value-added part (declared price-original value) × 20%
Question 2: What's the difference between commercial housing buyout and welfare housing? The welfare housing you mentioned should belong to the type of unit housing reform, and many of them belong to the unit welfare housing allocation, which is obtained by employees at the cost price within the scope of enjoying the corresponding level of construction area, taking into account the position and length of service subsidies (generally much lower than the market price). Beyond the scope of the enjoyment area, make up the difference according to the market price. In this way, employees need to pay less than the market price for purchasing property rights.
Generally speaking, however, many welfare houses in such units originally belong to the dormitory of the unit, which is generally different from commercial housing in terms of property management, greening and supporting facilities. It's just that the general property fees of this kind of house are managed by the unit in a unified way, so it's cheaper.
In addition, some housing reform houses are well built, sometimes not far from the commercial houses developed in the early stage, but the essential difference is that the housing land acquired by the housing reform houses is allocated, that is, the corresponding land transfer fee was not paid in Gai Lou before.
Therefore, in the process of trading, this fee is often paid. After paying this fee, it is the same as ordinary second-hand houses.
What's the specific price? Due to different local policies and regulations, according to general standards, the calculation formula is as follows
The land transfer fee (also known as land revenue) was originally calculated at 1% of the house price, and now it is calculated according to the following formula:
Land transfer fee = benchmark land price of the corresponding level in the area where the house is located (RMB/m2) * payment ratio (10%)* unit area (i.e. building area/total number of floors of the house) * correction coefficient of land service life.
The money was originally from the seller in Fuzhou, but now it is from the buyer. As long as you need a land certificate, you have to pay. The general collection unit is handed over by the Land and Resources Bureau to the finance, some exchanges or property rights transaction registration centers for collection.
The above formula is for reference only. After trial calculation, the result should be the same as that calculated by 1% of the house price.
Question 3: Can a house with unit property rights be renamed? If the collective property house is to be renamed, it must pay the housing reform fee, which will be kept by the original unit. As the maintenance fee of the collective house, it will be paid at about 8% of the market value.
Question 4: Can the flat be bought out now? (1) Prerequisites and legal policies for selling public houses. The conditions for the sale of urban public houses are as follows:
1, to sell public housing, the buyer and the seller must hold documents stipulated by the people of the city where the housing is located, that is, the sale of public housing must be approved by the state first.
2, the sale of public housing, real estate prices should be assessed according to state regulations.
3, public housing must go through the transaction audit, can handle the ownership registration.
(two) the sale involves the ownership of public houses in the early stage of the sale and after the sale.
As an inevitable requirement for the commercialization of public housing, the sale of public housing has enabled many individuals to own their own housing. However, because the sale of public houses is a policy behavior, the sale of public houses does not mean that the state will no longer manage the housing problems of residents after the sale of public houses. * * * When selling public housing, we should not only respect the law of value, but also consider the affordability of residents, set a reasonable price, and realize the smooth transition of commercialization and privatization of public housing, which has formed a partial property right phenomenon of purchasing public housing in China at present.
According to the relevant regulations, if employees buy public housing within the standard area stipulated by the state, the standard price will be implemented. After buying a house, you have some property rights, that is, the right to use, the right to limit disposal and the right to income; Can be inherited; It can be sold or rented in the market after 5 years of purchase, but the original property unit has the priority to purchase rent. After deducting relevant taxes and fees, the income from selling houses shall be distributed according to the proportion of property rights of units and individuals; Houses owned by employees are protected by law for their own use and residence; Give priority to the purchase of housing on the market, subject to legal constraints, shall not be sold or rented at a high price.
Taxes and fees payable for purchasing public houses.
(1) The registration fee is calculated piece by piece, and each piece is 100 yuan. The registration fee is charged by the real estate trading center.
(2) The stamp duty of the house sales contract is 0.5‰ of the house selling price (installment payment is 0.5 ‰ of the total house purchase price); The tax basis is the actual amount included in the transfer of property rights.
(3) Stamp duty of real estate title certificate in 5 yuan;
(4)1%of the actual purchase price (excluding the purchase price at the market price exceeding the construction area control standard);
5] If the purchase of public housing exceeds the construction area control standard and is paid at the market price, the deed tax shall be paid as required. The deed tax is calculated and paid according to 0.75% of the purchase price of the property. That is, the taxpayer is the buyer; The calculation is based on the actual purchase amount.
(6) transfer fee; The transfer fee is calculated by set. Every 250 yuan, less than 300 thousand yuan (including 300 thousand yuan) will be charged by half, and transfer fees will be charged by the real estate trading center.
Taxes and fees payable for the sale of public houses
From the analysis of the current tax law, the taxes involved in the sale of purchased public houses by employees are:
1. Two taxes and one fee (business tax, urban maintenance and construction tax and education surcharge), the tax rate is 5.5%, and the taxable amount is calculated according to the sales amount;
Personal income tax, income from property transfer, the tax rate is 20%, based on the balance of the seller's total sales income after deducting various expenses;
3. Land value-added tax, which is exempted from selling self-occupied housing after living for 5 years;
4. Stamp duty is levied at 0.5‰ of sales. According to the current tax types, calculate the tax amount that employees need to pay when selling purchased public houses.
Assume that employees pay X for purchasing public housing at preferential prices, Y for selling purchased public housing, and the land income is 5% of the housing income.
Two taxes-expense amount (a) = y× 0.055× 0.94 (1-5%) = 4.91.15×10-2y.
Personal income tax (b) = [y× 0.94-x-a-y× 0.94× 5% ]× 20% = 0.1688y-0.2x.
Stamp duty (c) = y× 0.94× 0.5 ‰ = 4.7×10-4y.
Total tax payable (d) = a+b+c = 0.21839y-0.2x.
The total tax burden is equivalent to about 20% of the money from the sale of purchased public houses.
Question 5: Does the house allocated by the former unit belong to private property right after being bought out? Yes, private property rights belong to housing reform after handling, allowing listing and trading. Keep the three certificates, deed tax certificate, land certificate and real estate certificate, which will be used in future sales and demolition.
Question 6: What is a house buyout contract? A house buyout contract is a house transaction contract, which is generally divided into two types: one is a simple buyout of the right to use the house (lease contract), and the other is a buyout of the right to use the house and the homestead (sale contract).
The house lease contract refers to the agreement that the lessor provides the house to the lessee for use, and the lessee pays the agreed rent regularly and returns the house to the lessor in good condition when the contract is terminated. The housing lease contract follows the general contract format, and the contents of the contract shall include the personal information of both parties to the housing lease, the situation of the leased house and the rights and obligations of both parties. That is, it mainly includes the address of the house, the number of rooms, the use area, the furniture and appliances of the house, the hierarchical layout, the decoration facilities, the monthly rent amount, the date and method of paying the rent, the rights and obligations of both parties to the lease, and the lease method. According to Article 2 12 of China's Contract Law, a lease contract is a contract in which the lessor delivers the leased property to the lessee for use and profit, and the lessee pays the rent.
Housing lease contract refers to the agreement signed by the lessee and lessor on the rights and obligations related to housing lease.
As a special sales contract, the house sales contract points out that the seller delivers the house, transfers the ownership to the buyer, and the buyer pays the price. The legal characteristics of housing sales contracts have both the general characteristics of sales contracts and their own inherent characteristics. This is mainly manifested in:
(1) The seller transfers the ownership of the house sold to the buyer, and the buyer pays the corresponding price;
(2) The house sales contract is a commitment, two-way and paid contract;
(3) The subject matter of the house sales contract is immovable property, and the ownership transfer registration must be handled;
(4) The house sales contract is a major legal act stipulated by law.
A house sale contract is a contract in which one party transfers the ownership of the house to another party and the other party pays the price. The party that transfers ownership is the seller or the seller, and the party that pays the price to obtain ownership is the buyer or the buyer.
Question 7: Public houses want to buy out and become private houses. How to deal with it? What kind of process? Buyout of public houses should be approved by the property right unit, and then go through the housing reform procedures at the local real estate transaction management office.
When the bungalow is moved, there will be more private property than public property, but not much more.
If your bungalow is small, don't change it, because regardless of public or private property rights, the minimum compensation standard for demolition is 70 thousand yuan.
Question 8: What is the spirit of documentNo? Employee housing solution 23 1? How much is it per square meter to buy out a house? Judging from the prefix "staff room solution" given by the landlord, there is definitely no such document!
If there is a file that the landlord wants to know, it is definitely not this prefix! !
It is suggested that the landlord carefully check and find out the prefix, document number and posting year!
If it refers to the "housing reform" document for employees to purchase units rented by individuals, it should have expired long ago.
Question 9: We have bought out the house in the company, and now the company monopolizes the house. In this case, what compensation do we have for the statement that the labor contract law does not automatically resign? The company's statement is obviously untenable and has no legal basis; Since it is a buyout service, it is necessary to pay compensation. Otherwise, what is the buyout service? For such irresponsible and lawless enterprises, legal weapons should be used to safeguard their legitimate rights and interests when necessary. It is recommended to report to the local labor department.
Question 10: When the unit house is demolished, what standard should the employee pay for the buyout service? Provisions of the labor contract law;
Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the employee: (1) The employee terminates the labor contract in accordance with the provisions of Article 38 of this Law; (2) The employer proposes a motion to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law, and negotiates with the employee to terminate the labor contract; (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law; (6) Other circumstances stipulated by laws and administrative regulations.
Article 41 Under any of the following circumstances, if it is necessary to lay off more than 20 employees or less than 20 employees, but it accounts for more than 10% of the total number of employees in the enterprise, the employing unit shall explain the situation to the trade union or all employees 30 days in advance, and may lay off employees after listening to the opinions of the trade union or employees and reporting to the labor administrative department: (1) carry out rectification in accordance with the provisions of the enterprise bankruptcy law; (two) serious difficulties in production and operation; (three) the enterprise has changed production, major technological innovation or adjustment of business mode, and it still needs to reduce staff after changing the labor contract; (4) Other major changes have taken place in the objective economic situation on which the labor contract was concluded, which makes it impossible to perform the labor contract. When laying off employees, priority should be given to retaining the following personnel:
Forty-seventh economic compensation shall be paid according to the standard of one month's salary for each full year of work in the unit. Less than one year counts as one year. If the monthly salary of employees is three times higher than the average monthly salary of employees announced by the municipal people's government of the municipality directly under the Central Government and the city where the employing unit is located, the standard for paying economic compensation to employees is three times the average monthly salary of employees, and the longest period for paying economic compensation to employees shall not exceed 12 years. The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.