Nowadays, with the cooling of the property market, the pressure of destocking in the market has increased, and some cities have opened the door to "save the market". The adjustment of the individual tax differential tax transmitted by the Internet will naturally become a hot spot in the eyes of the public, and the voice of the people to cancel the 20% differential tax has always been relatively high.
With the adherence to the principle of "no speculation in housing" throughout the country, there are more and more measures to restrict purchases. Compared with the new house (auction house), the second-hand house is visible and tangible, with perfect supporting facilities and higher living comfort, which has gradually become the choice of more and more buyers.
When handling the transfer of second-hand housing property rights, you have to pay the corresponding taxes, of which 20% is the difference between the transaction price you buy now and the price of the first transaction of the house (the price when buying a new house from the developer), and then multiply it by 20%. Personal income tax shall be paid when dealing with second-hand houses, and the tax paid shall be 20% of the income (the registered price of the transfer contract-the original price-other mortgage deductions).
However, the personal income tax as high as 20% in the sale of second-hand houses has also made many people daunting. Today, I will summarize several policies in the sale of second-hand houses, so that you can reduce the 20% tax to zero.
Housing property rights over two years and less than five years, the calculation of individual tax has the following two ways:
1, difference collection: difference tax = difference× 20% (can be traced back to the original value of the house purchase and can provide the original deed tax ticket or deed tax reduction notice)
If the online signing price > Minimum transfer guidance price, then individual tax = (online signing price-current VAT and surcharges-original value-original deed tax-online signing price × 10%- loan interest) ×20%;
If the minimum transfer guide price >; Online signing price, individual tax = (minimum transfer guidance price/1.05- original value-original deed tax-additional-minimum transfer guidance price × 10%- loan interest) ×20%;
2. Full individual tax (cannot be traced back to the original purchase price and cannot provide the original deed tax ticket or deed tax reduction notice)
If the online signing price > Minimum transfer guidance price, then individual tax = (online signing price-this VAT) × 1%;
If the minimum transfer guide price >; Online signing price, then individual tax = minimum transfer guidance price/1.05× 1%.
The Notice of State Taxation Administration of The People's Republic of China of the Ministry of Finance on Several Policy Issues concerning Individual Income Tax stipulates that "the income obtained by an individual who transfers his own house for more than five years and is the only family living room" is temporarily exempted from individual income tax. "
That is to say, as long as your house is "full and unique", you can reduce the tax from 20% to 0, but what if your house is not "full and unique"?
First, relatives are exempt from tax
The Notice of State Taxation Administration of The People's Republic of China, Ministry of Finance on Personal Income Tax on Houses Donated by Individuals for Free stipulates that if the house owner donates the house to his spouse, parents, children, grandparents, grandparents, grandchildren, brothers and sisters for free, it will be exempted from value-added tax and personal income tax.
Then the sale of second-hand houses between tax-free relatives can use the above terms to reduce the 20% tax to 0.
At the same time, in places where housing purchase is restricted, you can also use the above terms to ask tax-free relatives to help you buy a house, and then transfer the house to yourself to realize the unqualified purchase (but there will be risks such as relatives losing their "just-needed" qualification and relatives not giving the house, so this operation needs to be cautious).
Second, tax exemption for maintenance
The Notice of State Taxation Administration of The People's Republic of China of the Ministry of Finance on Personal Income Tax Issues Concerning Individual Donated Houses stipulates that individuals will be exempted from value-added tax and personal income tax if they donate their houses free of charge to their dependents or supporters who bear the obligation of direct support or maintenance.
Generally speaking, the obligation of maintenance occurs between relatives, but it does not exclude non-relatives. If there is no kinship, then both parties can sign a maintenance agreement to prove the maintenance relationship between them.
For example, Mr. Cheng, a certain city, wanted to give a house under his name to Zhang San on a whim one day, but if he gave it directly, Zhang San would have to bear 3% of the deed tax and 20% of the personal income tax. If the house has been purchased for less than 2 years, Mr. Cheng will bear 5% VAT, but if Zhang San and Mr. Cheng form a maintenance relationship, there is no need to pay 20% tax and 5% VAT.
Third, the will is tax-free
The Notice of State Taxation Administration of The People's Republic of China of the Ministry of Finance on Personal Income Tax on Individual Donated Houses stipulates that if the owner of the house property dies, the legal heirs, testamentary heirs or legatees shall be exempted from value-added tax and personal income tax.
Everyone is familiar with this clause. For example, the American movie "A Sword Draws Out" and Weibo Hot Search # An old man gave 3 million properties to a fruit vendor # are all talking about giving a house by will, so I won't go into details.
4. What do you mean by full 2?
When buying and selling second-hand houses, we often see the words over 2 years and over 5 years. Is there any difference between them?
Annex 3 of the Notice of State Taxation Administration of The People's Republic of China of the Ministry of Finance on Comprehensively Pushing Forward the Pilot Project of Changing Business Tax to Value-added Tax stipulates that if an individual sells a house that has been purchased for less than 2 years, he shall pay the value-added tax in full at the rate of 5%; Individuals who purchase houses for more than 2 years (including 2 years) for external sales shall be exempted from VAT. The above policies are applicable to areas outside Beijing, Shanghai, Guangzhou and Shenzhen.
At the same time, different regions also have corresponding policies. For example, Chengdu is also exempt from value-added tax after two years. However, on September 14, 2020, the Notice of the General Office of Chengdu Municipal People's Government on Maintaining the Stable and Healthy Development of the Real Estate Market in Chengdu was issued, which extended the two-year period to five years.
In other words, as long as you hold the house for 2 years, you can reduce the 5% value-added tax to 0.
V. Delayed transfer of ownership
What if the owner is in urgent need of money and will buy and sell second-hand houses in less than two years?
It can be achieved by delaying the transfer formalities for two years, that is, actually selling the house first, and then transferring the house after two years, but this method has risks and needs to be used with caution.
Sixth, giving a house to sell a house
We have already mentioned several tax-free situations, and another is that the donee will sell the house again in a short time, and we know that the personal income tax of the house is (selling price-buying cost) ×20%.
If you give it directly, the buying cost is low, and when you sell it, the buying cost is very low. However, if you sell the house to the "donee" and the "donee" sells it again, the buying cost will increase, and relatively speaking, the tax will be low.
The tax environment in China is extremely complicated. No matter whether it is a boss or an individual, although it is not financial, it is necessary to have a sense of taxation.
Speaking of taxation, besides individuals, it can be said that this is also a big issue that all enterprises need to consider. Even Ma Yun and Liu Qiangdong are among them. Otherwise, how can Ma Yun have no salary, and Liu Qiangdong's annual salary is only one yuan?
In fact, the above tax saving and tax avoidance methods are one of the many tax avoidance methods in the book Tax Avoidance. This book uses hundreds of real cases, combined with various tax avoidance methods, to tell you how to avoid taxes correctly and reasonably.
Speaking of tax avoidance, you may ask, "Paying taxes is an unshirkable responsibility. How can we say reasonable tax avoidance? "Tax avoidance is not a crime? What can we do? " We should treat it dialectically on this issue. Tax avoidance is different from tax evasion. Tax avoidance is to reduce tax expenditure in a reasonable way, while tax evasion is not to pay taxes on items that need to be taxed.
Legal tax avoidance means that taxpayers take appropriate measures to evade their tax obligations and reduce tax expenditures on the premise of respecting tax laws and paying taxes according to law. Reasonable tax avoidance is not tax evasion, it is a normal legal activity. Reasonable tax avoidance is not only a matter for the financial department, but also needs the cooperation of the market, commerce and other departments, starting from signing contracts and receiving and paying funds.
The knowledge and methods of reasonable tax avoidance are all in the following book:
Of course, there are many ways to avoid taxes reasonably. If you want to know more, I suggest you look at this set of "tax avoidance". Nowadays, paying taxes is necessary for almost everyone. Therefore, it is very important to learn to avoid taxes reasonably and safely. After studying, you can save a lot of taxes.
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This kind of "tax avoidance" must be a compulsory course for bosses and financial personnel. From the implementation plan of tax planning to the example analysis of tax risk, the company boss can stay away from the tax risk, reconstruct the company tax system, save taxes reasonably, stay away from the tax and business risks, and make the company profitable steadily.
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