Both husband and wife don't have to pay taxes when they give away real estate. The law clearly stipulates that during the existence of the relationship between husband and wife, the ownership of houses and land originally belonged to one of the husband and wife. If it is changed to one of the husband and wife or the other, or if the ownership of the house and land originally belonged to both parties, it will be changed to one party, or if the ownership of the house and land originally belonged to both parties, the deed tax will be exempted. Individuals who donate real estate for free need to pay deed tax and stamp duty in full.
Houses donated by immediate family members, dependents and legal heirs are exempt from personal income tax. If the transferee transfers the real estate again within 5 years, it shall pay business tax. If the collection time exceeds five years, the business tax shall be exempted. If the donee transfers the property again, he still needs to pay 20% personal income tax. Property gifts need to be taxed.
What are the specific tax items to be paid?
1. House donation requires deed tax, which is paid by the donee;
2. The house gift needs stamp duty, and both parties need to pay it;
3. Personal income tax is required for house donation, and the personal income tax is paid by the donee. The specific tax rate is determined according to the specific provisions of the region.
Legal basis:
Provisional regulations on deed tax
first
Units and individuals who transfer the ownership of land and houses and bear the deed tax within the territory of People's Republic of China (PRC) shall be subject to this article.
Payment of deed tax in accordance with regulations.
second
Land and house ownership refers to land use right and house ownership.
Provisional regulations on property tax
essay
The property tax is calculated and paid according to the residual value after deducting 10% to 30% from the original value of the property. The specific scope of relief shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. If there is no original value of real estate as the basis, it shall be verified by the tax authorities where the real estate is located with reference to similar real estate. If the real estate is leased, the rental income of the real estate shall be the tax basis of the property tax.