Buying a house is a big deal. Buying and selling second-hand houses needs to know what taxes to pay, what the tax payment process is, and who will pay the taxes, so as to plan the budget more reasonably and buy a more comfortable house.
common sense
second hand housing transactions
What tax do you pay? Who will hand it in?
There are several kinds of transaction taxes on personal second-hand houses, and the calculation methods and payment subjects are different, which makes many people who are ready to buy second-hand houses deeply confused. What taxes do they have to pay?
Generally speaking, personal second-hand housing transactions mainly involve business tax and surcharges, personal income tax, deed tax and stamp duty.
Then who will pay these taxes? Although many times the contract between the buyer and the seller of a house stipulates that one of them shall bear all taxes and fees, according to the relevant regulations of the state, as the seller of the house property, the seller shall pay business tax and additional and personal income tax, while as the acquirer of the house property, the buyer shall pay deed tax and stamp duty.
1. Personal second-hand housing transaction tax-personal income tax
Seller's payment
Within five years: (1) General situation: individual tax = transaction price (evaluation price) × 1%
(2) Special circumstances: if the seller obtains the re-transfer of the house through divorce, gift, inheritance and other non-purchase forms, individual tax = transaction price (evaluation price)-original purchase price ×20%.
2. Personal second-hand housing transaction taxes-business tax and surcharges
Seller's payment
Within two years (inclusive): business tax and surcharge = transaction price (appraised price) ×5.6%.
3. Personal second-hand housing transaction tax-deed tax
The Buyer pays the first or second house with a floor area of less than 90 square meters: deed tax = transaction price (appraised price) × 1%.
The first set of households with an area of over 90 square meters: deed tax = transaction price (appraised price) × 1.5%.
Two sets of families over 90 square meters: deed tax = transaction price (appraised price) ×2%
For families of three or more: deed tax = transaction price (appraised price) ×3%.
4. Personal second-hand housing transaction tax-stamp duty
(1) Both recipients pay.
Stamp duty on property right transfer document = transaction price (appraised price) ×0.05%
(2) The buyer, heir and property owner shall pay the stamp duty of "Rights and Permissions" 5 yuan when handling the real estate license.
cast accounts
Personal second-hand housing transaction.
Look at the square meters, the number of sets, and the number of years.
On February 22nd, the Ministry of Finance, State Taxation Administration of The People's Republic of China and the Ministry of Housing and Urban-Rural Development issued the Notice on Adjusting the Preferential Policy of Deed Tax on Real Estate Transactions. Business tax and deed tax have been reduced, and both buyers and sellers will get tax incentives. If you want to buy and sell second-hand houses, you can look at the three key words of "square meters", "number of sets" and "number of years" to make the planning more reasonable and calm.
Specifically, the deed tax is divided into "90 square meters" and "number of units". For the purchase of houses of 90 square meters or less, the tax rate is1%for both the first and second families; For the purchase of houses over 90 square meters, the tax rate for the first family housing is 1.5%, and the tax rate for the second family housing is 2%. However, the purchase of the third and above family housing can not enjoy preferential treatment, and the deed tax is levied at 3%. The business tax takes "2 years" as the watershed, and the business tax is levied in full on houses sold and purchased for less than 2 years, and the business tax is exempted for houses sold and purchased for more than 2 years (inclusive). It is worth noting that no matter whether it is over 2 years, the time of buying a house is determined according to the principle of "which comes first".
Personal income tax on second-hand housing transactions and business tax on housing reform continue to follow the previous preferential policies, that is, if the house is transferred for personal use for more than 5 years and is the only living room for the family, personal income tax will be exempted, and personal income tax will be levied at the rate of 1% for less than 5 years; The sale of state-owned housing can be issued with special bills and related materials, and the first transfer is exempt from business tax.
In addition, in order to avoid tax evasion by underreporting the transaction price with the "Yin-Yang Contract", when the house price declared by tax is different from the assessed price of the "second-hand house transaction tax collection and management system", the system will automatically determine the taxable value according to the principle of "which is higher".
Example 1:20 16 On April 5th, Li bought a house with an area of145m2 from Wang. This house is the first one bought by the Li family. The declared transaction price is 850,000 yuan, and the appraised price is 980,000 yuan. The taxes payable by both parties are as follows:
Since the declared price is lower than the assessed price, the tax should be calculated according to the assessed price of 980,000 yuan.
1. The buyer shall pay deed tax and stamp duty:
Deed tax = 980,000×1.5% =1.47 million yuan "rights and licenses" stamp duty = 5 yuan.
Total: 14705 yuan.
2. The seller shall pay personal income tax, business tax and additional:
Personal income tax = 980000× 1% = 9800 yuan.
Business tax and surcharges = 980,000× 5.6% = 54,880 yuan.
Total: 64,680 yuan. Total tax paid by both parties: 79,385 yuan. Example 2: Gao bought a 75-square-meter house from Li and his first house for his family. The estimated price is 350,000 yuan, so the taxes payable by both parties are as follows:
If the property right of the house exceeds five years, the taxes payable by the buyer and the seller are as follows:
1. The buyer shall pay deed tax and stamp duty:
Deed tax = 350,000×1%= 3,500 yuan stamp duty = 5 yuan total: 3,505 yuan.
2. The seller has no tax.
Total tax paid by both parties: 3,505 yuan. If the property right of the house is less than five years and less than two years, the taxes payable by the buyer and the seller are as follows:
1. The buyer shall pay deed tax and stamp duty:
Deed tax = 350,000×1%= 3,500 yuan stamp duty = 5 yuan total: 3,505 yuan.
2. The seller shall pay personal income tax:
Personal income tax = 350,000×1%= 3,500 yuan.
Total: 3,500 yuan. Total tax paid by both parties: 7,005 yuan.
Second-hand housing transaction inheritance, gift, divorce and property analysis, husband and wife housing renamed.
You can enjoy many preferential policies.
Second-hand housing transactions, in addition to the most conventional forms of buying and selling, also transfer housing property rights through inheritance, gift, divorce analysis, renaming of husband and wife houses and other non-purchase forms, with strong tax incentives, and a few cases will involve tax payment.
Inheritance of law enforcement
Legal heirs (including spouses, children, parents, brothers and sisters, grandparents, grandparents) inherit the ownership of land and houses, and are exempt from deed tax, business tax and personal income tax, but only receive stamp duty in 5 yuan.
For example, Gu's parents, whose only son died, left a house, which was inherited by Gu, and he only had to pay stamp duty, 5 yuan.
Statutory gift
If parents, children, grandparents, brothers and sisters donate houses, deed tax shall be paid at the rate of 5%, and business tax shall be exempted and no tax shall be levied. Both parties shall pay the stamp duty on the Property Right Transfer Document at the rate of 0.05%, and the donee shall also pay the stamp duty on the Rights and License, 5 yuan.
For example, a parent gives a parent a house of 150 square meters, and the house evaluation price is1100,000 yuan. The taxes payable by both parties are as follows:
1. The donee shall pay deed tax and stamp duty:
Deed tax = 1000000× 5% = 50000 yuan stamp duty = 1000000× 0.05%+5 = 505 yuan.
Total: 50,505 yuan. 2. The donor should pay stamp duty:
Stamp Duty = 1000000× 0.05% = 500 yuan Total: 500 yuan. Total tax payable by both parties: 5 1005 yuan.
Divorce analysis
(The above answers were published on 20 16-04- 14. Please refer to the actual situation for the current purchase policy. )
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