1. Generally, the compensation for demolition is directly paid to the account of the signatory of the demolition contract. 2. If direct transfer to other accounts is required, a fair power of attorney of the signatory, a copy of the client's ID card and a copy of the account holder's ID card are required.
Can the cost of enterprise demolition be paid to individuals?
The compensation for enterprise demolition is the property of the enterprise and cannot be paid to individuals. Because the compensation for enterprise relocation needs to pay certain taxes and fees, tax evasion will occur after it is paid to individuals, so it is illegal to pay the compensation for enterprise relocation to individuals. May be investigated for legal responsibility.
What compensation can be obtained for enterprise demolition?
The business premises of an enterprise are generally obtained through leasing. Leased land is divided into leased state-owned land and leased collective land. Enterprise demolition will inevitably lead to the termination of this lease relationship, so how to protect the interests of enterprises in the lease contract? According to the Regulations on Expropriation and Compensation of Houses on State-owned Land, the object of demolition compensation is buildings and appendages on state-owned land, but there is no uniform regulation on compensation for open space or clean land. It is useless to stipulate the demolition of buildings on collective land.
There are also those who directly obtain the right to use state-owned land through bidding, auction or allocation. In the land management law, only appropriate compensation is provided for the recovery of state-owned land use rights, and there is no detailed provision.
The compensation for demolition and land compensation in all parts of the country is often calculated together with the compensation for houses and buildings, and there are a lot of unclear and opaque situations, which leads to the inability of right holders to obtain corresponding reasonable compensation.
The compensation for houses and buildings shall be based on the construction area registered in the relevant property right certificate. Due to historical reasons, it is impossible to apply for real estate license and land certificate, which can be determined by actual measurement. The value of houses and buildings is generally determined by the demolisher and the demolished person by entrusting an appraisal company to determine the actual value of houses and buildings according to the relevant appraisal technical standards.
The cost of equipment relocation and installation shall be calculated according to the freight transportation price and equipment installation price stipulated by the state and local governments. Machinery and equipment are divided into two categories: one is detachable equipment; Second, the device cannot be moved. The loss caused by removing the movable equipment can be divided into physical loss and functional loss. The physical loss expenses include dismantling expenses, transportation expenses, installation expenses and debugging expenses. The cost of function loss includes the decrease of machine precision and the increase of unqualified products caused by relocation. For non-detachable equipment, dismantling will lead to the scrapping of the equipment, so we should calculate the replacement price of the equipment in combination with its new and replacement price and compensate everyone.
Legal basis:
"Regulations on the Implementation of the Land Management Law" Article 24 Construction projects that really need to occupy agricultural land outside the scope of construction land for cities, villages and market towns determined by the national land space planning, involving the occupation of permanent basic farmland, shall be approved by the State Council; If the occupation of permanent basic farmland is not involved, it shall be approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government authorized by the State Council or the State Council. In accordance with the following provisions:
(a) before or after the approval of a construction project, the competent department of natural resources shall review the land use matters of the construction project and put forward the pre-trial opinions on the land use of the construction project. Construction projects need to apply for the issuance of site selection opinions, which should be issued by the pre-trial and site selection opinions of construction projects.
(two) the construction unit to the construction project approval, approval or filing documents, to the city and county people's government for construction land. The municipal and county people's governments shall organize the natural resources departments to prepare plans for the conversion of agricultural land, and submit them to the people's governments with the approval authority for approval; If it should be approved by the State Council according to law, it shall be reported by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government after examination. The agricultural land conversion plan should focus on whether it conforms to the national spatial planning and the annual land use plan and the situation of supplementing cultivated land. Involving the occupation of permanent basic farmland, it should also explain the necessity, rationality and feasibility of occupying permanent basic farmland.
(three) after the approval of the agricultural land conversion plan, the municipal and county people's governments shall organize the implementation.