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What procedures are required for real estate transfer?

Procedures for real estate transfer:

1. The main procedure required for house transfer is a transfer contract, and the parties to the transfer sign a written transfer contract;

2. The parties to the real estate transfer are in Within 90 days after the signing of the real estate transfer contract, apply to the real estate management department where the real estate is located with the real estate ownership certificate, legal certificates of the parties, transfer contract and other relevant documents, and declare the transaction price;

3. Real estate management department Review the relevant documents provided and make a written reply within 7 days on whether to accept the application. If no written reply is made within 7 days, it will be deemed to be accepted;

4. The real estate management department verifies the declared transaction Price, and conduct on-site inspection and evaluation of the transferred real estate as needed;

5. The parties to the real estate transfer shall pay relevant taxes and fees in accordance with regulations;

The real estate management department shall handle the registration procedures for house ownership , issue a real estate ownership certificate.

1. Documents to be submitted for the transfer of real estate rights

1. Originals of "House Ownership Certificate" and "Land Use Rights Certificate" or "Real Estate Rights Certificate".

2. ID cards of the buyer and seller (the unit submits a copy of the legal representative’s ID card, legal representative’s certificate or business license).

3. The transfer of state-owned and collective real estate must provide the original approval certificate from the superior authority, and joint ventures and joint-stock enterprises must issue a board of directors resolution.

4. The auctioned real estate must submit a transaction confirmation letter from the auction agency, a court ruling, and a notice of assistance in execution.

5. The "Real Estate Sales and Purchase Contract" signed and sealed by the buyer and seller. 6. House purchase and sale application approval form (signature and seal required).

2. Transfer fees:

1. Deed tax: generally 1% of the house price (the area is less than 90 square meters and it is the first home can pay 1%, the area is 90 square meters) If the area is above 144 square meters but less than 144 square meters, you need to pay 1.5%, and if the area is more than 144 square meters, you need to pay 4%)

2. Business tax: If the real estate certificate is less than 5 years old, you pay 5.6%. If the property certificate is more than 5 years old, you are exempt from paying business tax. .

3. Personal income tax, 1% (those with a real estate certificate of more than 5 years and the only residence can be exempted)

4. Transaction fee: 3 yuan/square meter (but generally The house buyer needs to pay both parties’ transaction fees, which is 6 yuan per square meter)

5. Surveying and mapping fees: according to the specific regulations of each district

6. Ownership registration fee and evidence collection Fee: Generally, it is within 200 yuan.

3. Real estate transfer:

(1) Submission→Evaluation

To handle the transfer of property rights to the housing management agency, you need to provide the following materials;

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1. Original and one copy of the real estate certificate;

2. One copy and one copy of the real estate sales contract;

3. Real estate purchase and sale application approval form One copy;

4. One copy of application for house property rights registration;

5. Original verification and copy of the seller’s ID card;

6. Buyer Original ID card and two copies for verification.

If you entrust someone else to handle the matter, you must provide a notarized certificate of entrustment and the ID card of the entrusted person.

(2) Apply for tax reduction or exemption (21 working days)

After the housing management authority assesses the price of the house, go to the local tax bureau to apply for tax reduction or exemption. You need to provide the following materials:

1. Fill in the tax exemption application approval form (in triplicate);

2. Two copies of the real estate certificate;

3. Two copies of the real estate sales contract;

4. Two copies of the evaluation form;

5. Two copies of the original sales invoice (or contract);

6. ID cards of the buyer and seller Two copies of each.

(3) Obtaining the certificate (12 working days)

After the local tax bureau issues a tax payment certificate, it will be sent to the Haidian Housing Management Bureau. After 12 working days, you can go to the housing management bureau to issue the certificate. Receive the property ownership certificate.

4. The second-hand house transfer process can be divided into the following steps:

1. It is recommended that buyers clarify their purchase needs and choose a reputable real estate agency to act as an agent for house selection.

2. After selecting the house, sign a "Tripartite Agreement" with the real estate agency and the homeowner and pay the deposit.

3. The buyer, the homeowner and the intermediary company meet, and under the supervision of the intermediary company, the homeowner and the buyer sign a "Real Estate Sales Contract"; at this time, the sales relationship between the two parties is formally established, and the buyer follows the agreement On this date, the down payment will be handed over to the homeowner and the agency fee will be handed over to the intermediary company. At the same time, the intermediary company will start handling the loan procedures for the buyer. After the loan is approved, the transfer procedures begin.

4. According to the property rights transfer registration requirements, the buyer and seller need to prepare the required information for the transfer.

5. The full-time transfer personnel of the intermediary company will take the buyer, homeowner and relevant information to the local tax bureau to handle the tax verification and payment procedures; if the transaction can be listed, the local tax bureau will issue a list of deed tax and business tax, and the buyer and house owner will If the owner pays the tax on the same day, the local tax bureau will issue a tax receipt.

6. Under the leadership of the transfer agent, the buyer and the homeowner go to the real estate transaction center to handle the registration and tax payment procedures.

The buyer and the homeowner submit the deed tax, business tax receipts and all documents required for the transfer respectively, fill out the "House Ownership Transfer Registration Application", receive the acceptance notice, and pay the stamp tax on the house. During this period, the real estate trading center will conduct a preliminary review and re-examination of the documents and tax payment conditions provided by the buyer and seller to ensure that the transfer conditions are correct. Otherwise, the trading center will promptly notify the intermediary company of relevant issues.

7. The intermediary leads the new owner to hand over the property to the old owner, that is, to settle the bills for water, electricity, gas, cable TV, etc. in the house, and at the same time conduct a final inspection of the furniture, etc.

8. After 20 working days, the transfer agent will notify and lead the new owner to the real estate transaction center to get the new real estate certificate, and also notify the former owner to prepare to collect the house payment. At this point, the transfer procedures for purchasing a second-hand house are completed. Documents required for approval: "Real Estate Ownership Certificate" or "House Ownership Certificate". For some houses, a "Real Estate Ownership Certificate" or "House Ownership Certificate" must also be submitted; Sales contract; house transaction approval certificate; original and copy of land use certificate (the person with the right to use it is the applicant); application form for registration of real estate rights; copy of the applicant’s identity certificate (if the applicant is an organization, the legal person business license, legal person license, etc. must be submitted) Copies of code certificate, legal representative qualification certificate and ID card, etc.). Those who are authorized to entrust must submit a legal and valid power of attorney and a copy of the agent's identity certificate; business tax return form, land value-added tax return form; the People's Republic of China and the State Deed Tax Tax Payment Certificate or the Finance Bureau Deed Tax related certificates.

Legal basis:

"City Real Estate Management Law of the People's Republic of China"

Article 37 Real estate transfer refers to the real estate rights holder The act of transferring real estate to others through sale, gift, or other legal means.

Article 39 If the land use right is obtained by transfer, the following conditions shall be met when transferring real estate:

(1) All land use rights have been paid in accordance with the transfer contract transfer fee, and obtain a land use right certificate;

(2) If investment and development are carried out in accordance with the transfer contract and it is a housing construction project, more than 25% of the total development investment completed shall be considered as completed land. If the land is developed, it will form industrial land or other construction land conditions.

If the house has been completed when the real estate is transferred, the house ownership certificate must also be held.

Article 41: For the transfer of real estate, a written transfer contract shall be signed, and the method of obtaining the land use rights shall be specified in the contract.

Article 42 When real estate is transferred, the rights and obligations stated in the land use rights transfer contract are transferred accordingly.