Several owners of a building in Zhuang District, Guangzhou District recently reported that not only is it difficult to obtain a real estate certificate, but it is also not easy to ask for the simplest shopping voucher-an invoice.
The owner, Mr. Li, bought the house in November last year and applied for a mortgage with the bank. But until now, except for the invoice for the down payment, the rest are receipts. Logically speaking, it should be Invoice, but the developer said that "the invoice has been issued, but you can only get it after the payment of the building is completed." Mr. Li believes that the fact that the invoice is issued but not given may be an excuse for the developer to evade taxes. In this regard, the reporter consulted many opinions.
CCB: The developer should issue an invoice
Lu Yuzhen, the account manager of the Guangzhou Higher Education Building Office of China Construction Bank, said that after the mortgage is processed, the developer will mortgage the owner's property certificate to the bank, and the bank will The money is remitted to the developer. At this time, the developer should issue an invoice to the owner. The owner usually gets the invoice half a year after completing the mortgage.
The relevant person in charge of the Industrial and Commercial Bank of China told reporters that it is normal not to get the invoice, because the bank advanced the money for the property owner, and the owner actually did not pay the money himself, so The property owner cannot go to ICBC to get an invoice until he has paid off the money for the property.
Lawyer: There are two types of mortgage invoices
Why are the two banks saying so different? The reporter interviewed Xu Fenfei, director of the Real Estate Committee of the Guangzhou Lawyers Association. Lawyer Xu said that there are two types of mortgage invoices, one is the house price invoice, and the other is the interest income invoice. Among them, CCB refers to the former type of invoice, while ICBC refers to the latter type of invoice. Lawyer Xu told reporters: The house price invoice should be issued by the developer, who has the obligation to pay, and should issue it immediately after receiving the bank transfer; while the interest income invoice should be issued by the bank, which makes it easier for the owner to clarify the tax part when transferring. For example, for a house worth 400,000 yuan, you need to pay 200,000 yuan in interest in the form of mortgage payment. Later, when it is sold for 650,000 yuan, the tax payable is only the 50,000 yuan part, of which the invoice will cost a lot. important role.
Lawyer Xu said that when the owner signs a loan contract with the bank, the mortgage business is completed, and the bank will allocate the full loan to the developer in one go. According to legal provisions, developers should issue invoices to owners to prove that owners have obtained loan rights. And only when the owner gets the invoice issued by the developer, will he have the obligation to repay the bank. Every time the owner repays an installment to the bank, the bank should issue an invoice accordingly.
Some developers who deceive owners by saying "houses bought with mortgages cannot be invoiced" mainly want to evade taxes. Once a dispute arises, small business owners who cannot get invoices will be at a disadvantage due to insufficient relevant legal credentials. Lawyer Xu reminded that when small owners encounter this situation, they have every right to ask for the due invoices from the developer. If the developer insists on refusing to pay, the owner can complain to the local tax bureau.