Recently, various places are vigorously promoting the resolution of the "difficulty in registration" problem left over from the history of sold urban housing on state-owned land. The most common thing I hear is that developers collect the property purchase deed tax on their behalf, which makes it impossible for home buyers to apply for property registration. Ben's question.
This matter is indeed worrying. Many people have been waiting for many years, and finally the government came to speak to us people to solve this problem. They were full of joy and prepared to apply for a house, but they discovered the reason behind this. It was all so complicated that people were confused, and their mood suddenly dropped to freezing point.
So, let’s talk about real estate developers and deed tax, and help you sort it out and see if it has any effect.
First, why does the developer need to collect deed tax? Most developers will forcefully collect the deed tax (or even write it into the home purchase contract) in the name of payment as a supplement to working capital and delay the payment of the deed tax (generally more than a year). Some even ignore it for many years, ignoring the vital interests of home buyers. It seems that if he has money, why should he pay it? If I don’t have any money, I admit it’s the home buyer’s money, but what can you do to me? He looked like a dead pig who was not afraid of boiling water. No matter it was about to rain or his mother wanted his family, he remained firm and unmoved. There are even owners who have taken the developer to court, but you can’t even see him in court. Even if it is a default judgment and the owner wins the case, what will happen? In a word, no money! Is the reason for not turning over the money due to poor management, malicious default, or misappropriation for other purposes? Apart from the conscience of the developer, who can figure it out?
Second, is it okay to not allow developers to collect deed taxes on their behalf? The answer for ordinary people is: no. Because there are currently many certificates for house deed tax, and some certificates can only be provided by the developer when the house is handed over. If you do not pay the deed tax to him according to the developer's wishes, then he will not give you the required formality certificates. In this way, you won't be able to get the property ownership, and some even don't pay the deed tax to them, so you won't be able to take over the property. Therefore, whether the developer can be exempted from paying deed tax depends entirely on the developer's conscience and rules. But if the answer to this question is left to the regulatory authorities, it is: OK. During the transaction process of newly built commercial housing, the deed tax and special housing maintenance funds that should be paid by the house purchaser should be paid by the house purchaser themselves, and real estate development enterprises are not allowed to collect or pay on their behalf. At the same time, real estate development companies are not allowed to use the deed tax payable by the purchaser on behalf of the house or the special housing maintenance funds as a prerequisite for the sale and delivery of commercial housing. For those who really need to handle the matter on an agency basis, they can entrust the development company or a third party to handle it, but the corresponding funds cannot be transferred to the development company or other third-party accounts.
Third, what should I do if the developer collects the deed tax but fails to pay it, resulting in the inability to obtain the property ownership certificate? This is very important. As ordinary people, we are only concerned about what to do. I looked online and found that there were cases where you first went to the relevant department to pay the deed tax, got the property certificate, and then came back to sue the developer for collecting the deed tax. But as I said before, if you encounter a dead pig that is not afraid of boiling water, there is nothing you can do. After all, you are only an individual and relatively weak. There are also successful cases, but they are rare. Most people choose to be patient, because they can't fight a few lawsuits in their life. In addition to not understanding, they don't have enough troubles. They are cursing in their hearts, but they can only be themselves. Then spend money to pay for the developer's conscience. Is there really no other way? Doesn’t the government make decisions for the people and serve the people? It is so common for developers to illegally collect money on their behalf. When ordinary people are forced to pay money, where are the regulatory authorities? Who will bear the responsibility for this kind of regulatory failure? Is there anyone to pursue? So, here comes the key point. This time the government has considered it for us. Taking Lanzhou City, where I am located, as an example, in this process of resolving real estate "registration difficulties", in response to this situation, the reporting unit can first verify and pay the deed tax for the house purchaser after making a commitment, and open a green channel, and then the property can be purchased as soon as possible. manage. This sentence may be a bit official. In layman's terms, it means that the deed tax has been collected by the developer and has not been paid. The home buyer does not have to pay twice. As long as the developer makes a commitment to the relevant department, the property registration can be done for the home buyer in advance. Implement the method of "separating certificates and payments" to digest and solve problems. I also heard someone say that the "pay" in "separation of certificates and payments" does not include deed tax, but only land transfer fees. You have to find a way to pay the deed tax yourself. This statement is actually wrong, because I called the relevant departments to verify it. Believe in the government and believe in what I say, because our government is a government that sincerely thinks about us.