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How to buy a second-hand house is more tax-efficient

Time: 2016-02-01         Source: Rong 360 finishing         Author: howie

In addition to the tax levied by the state, the purchase of second-hand houses may also involve various fees such as agency fees, transfer fees, and notary fees. These costs are cumulative and are not a small expense. So, can you save money on taxes and fees?

Let’s first take a look at the taxes involved in second-hand housing transactions.

Deed tax

The building area ratio of residential buildings is above 1.0 (inclusive), the single building area is below 140 (inclusive) square meters (up 16.7% on 120 square meters), and the actual transaction price is lower than the average transaction price of houses on the same level of land. For the three conditions of 1.2 times or less, it is regarded as an ordinary residence, and the transaction price of the house or 1.5% of the assessed price is levied. Otherwise, press 3%.

  Deed tax under the New Deal:

Ordinary house: below 90 square meters: 1%

90-140 square meters: 1.5%

140 square meters or more or non-property house: 3%, commercial house or company property rights: 3%

  Personal Income Tax

Ordinary residence within 2 years: {sales income - total purchases - (business tax + urban construction tax + education surcharge + stamp tax)} × 20%;

Ordinary houses of 2 years or more (including) for less than 5 years: (sales income - total purchases - stamp duty) × 20%.

Sale of public housing: within 5 years, (sales income - economic housing price - land transfer fee - reasonable cost) × 20%, of which economic housing price = construction area × 4000 yuan / square meter, land transfer fee = 1560 yuan / square M × 1% × building area. The tax on the sale of a house that is not the only one in the family is levied at 1% of the house price.

  Transaction Fees

3 yuan / square meter × building area

  Stamp duty

Total transaction volume × 0.05%

From 2009, the state temporarily exempted residential stamp duty

  Business tax

Within 2 years of housing: total housing evaluation × 5.6%;

There is no business tax for ordinary residences of 2 years or more.

On March 30, 2015, the Ministry of Finance and the State Administration of Taxation issued the Notice on Adjusting the Business Tax Policies for Individual Housing Transfers (Cai Shui [2015] No. 39), stipulating that: “Individuals will purchase housing for less than 2 years for external sales. Business tax; if an individual purchases non-ordinary housing for more than 2 years (including 2 years) for external sales, the business tax shall be levied according to the difference between the sales income and the purchase price of the house; the individual will purchase the ordinary for 2 years or more (including 2 years). If the housing is sold externally, the business tax will be exempted."

  Urban maintenance and construction tax

7% of the business tax, which is paid in the case that the seller is required to pay VAT and business tax, and is calculated according to the tax paid by the VAT and business tax paid. If the VAT and business tax are not required, the fee is not required to be paid.

  Education surcharge

3% of the business tax, which is paid in the case that the seller is required to pay VAT and business tax, and is calculated according to the tax paid on the value-added tax and business tax. If the VAT and business tax are not required, the fee is not required to be paid.

  Land value added tax

Ordinary houses are temporarily exempted from land value-added tax (except for ordinary residences) when they are transferred.

For the transfer of non-ordinary dwellings, those who have lived for five or more years are exempt from land value-added tax (exemption for 5 or more years)

If the residence has not been completed for three years and less than five years, the land value-added tax will be reduced by half (total transaction volume × 0.25%)

If the residence is less than three years, the land value-added tax shall be levied according to the regulations (total transaction volume × 0.5%)

  House ownership registration fee

80 yuan, a total of ownership certificate: 20 yuan

  Sale contract notary fee

The sales contract must be paid only when it is notarized. The total transaction volume is 0.3%.

So many taxes and fees are also a headache.

So what are the ways to save taxes?

I. Business tax: choose housing for more than 2 years

According to the latest “Notice on Adjusting the Business Tax Policies for Individual Housing Transfers” in 2015, individuals who purchase foreign houses that have been purchased for more than 2 years (including 2 years) will be exempt from business tax; individuals will purchase for more than 2 years (including 2 years). If the non-ordinary housing is sold externally, the business tax shall be levied according to the difference between the sales income and the purchase price of the house; if the individual purchases the house for less than 2 years, the business tax shall be levied in full.

Therefore, according to the regulations, it is known that the business tax exemption for ordinary houses purchased for more than 2 years is the largest. However, business tax reductions need to pay attention to two aspects:

1. House purchase time standard

When an individual purchases a house for tax return, and at the same time issues a house title certificate and a deed tax payment certificate, and the time indicated by the two is inconsistent, the time for purchasing the house shall be determined according to the principle of “first”;

Individuals will be granted, inheritance, divorce and other non-purchase forms of housing sales, the purchase time is determined according to the time of purchase, inheritance, divorce property before the purchase time;

The total housing purchased according to the national housing reform policy shall be determined according to the principle of “孰先” according to the effective time of the purchase contract, the date of issuance of the payment receipt of the house, or the time indicated on the house title certificate. The second is the distinction between ordinary residential buildings and non-ordinary residential buildings.

2. Classification criteria for ordinary and non-ordinary houses

According to relevant national regulations: In principle, the housing that enjoys preferential policies should meet the following conditions: the building area ratio of residential buildings is above 1.0;

The single building area is below 120 square meters, and the actual transaction price is less than 1.2 times the average transaction price of the houses on the same level of land;

All provinces, autonomous regions, and municipalities directly under the Central Government shall, according to actual conditions, formulate specific standards for ordinary housing that enjoy preferential policies in the region, allowing a single set of building area and price standards to be appropriately floated, but the upward floating ratio shall not exceed 20% of the above standards.

Although the local standards for ordinary housing are different, most of the houses with a single building area of ​​no more than 144 square meters are used as ordinary houses.

Second, the first purchase of the house issued a certificate without a house

The determination of the first-time home purchase is based on the relevant regulations: when the ordinary house is purchased for an individual and the house belongs to the family (the scope of the member includes the purchaser, spouse and minor children), the deed tax is halved. For individuals who purchase ordinary houses of 90 square meters or less, and the house belongs to the family's only house, the deed tax shall be levied at the rate of 1%.

In addition, there are provisions to state that “the only family living room” means that taxpayers (both spouses and spouses) have only one house in the same province, autonomous region or municipality.

Individuals who purchase ordinary housing for the first time may apply to the real estate authority for enquiry of the family housing registration record, and issue a certificate of no housing. If the local does not have the enquiry conditions and cannot provide the results of the family housing registration inquiry, it can be submitted for the first time. The written integrity of the housing is guaranteed, thus enjoying a certain deed tax benefit.

Third, keep the relevant valid credentials

According to the relevant regulations: Individual income tax is exempted from the income obtained by individuals who have been transferred for more than 5 years and are the only living room of the family. However, it should be noted that the time for the individual to transfer the house is subject to the time indicated on the sales invoice.

If the taxpayer meets the two conditions of self-use for more than 5 years and the family's only living room, the individual income tax is exempted. If the above policies are not met, the individual income tax shall be paid according to the “property of property transfer”, and there are two methods of collection or verification. If the taxpayer can provide a complete and accurate certificate of the original value of the house, it shall be applied for inspection and collection, otherwise it shall be applied for verification.

Fourth, there is a preferential tax on the separation of production tax

Separation of households is a form of splitting of family property. The separation of production means that the family members divide the family's common property according to the agreed standards by means of an agreement, and clarify the behavior of each of the co-owners.

According to the regulations: the separation of property rights through the method of divorce and separation is the disposal of the common property by both spouses. The individual handles the transfer of property rights due to divorce and does not levy personal income tax.

V. Housing exchange deed tax has a discount

House exchange refers to the act of exchanging houses between house owners. According to Article 10 of the "Provisional Regulations on the Deed Tax of the People's Republic of China": land and housing ownership are exchanged. If the exchange price is equal, the deed tax is exempted; if the exchange price is not equal, more money, physical objects, intangible assets or other economic benefits are delivered. One party levies a deed tax.

For example: A and B have their own needs for room exchange. There is a suite with a price of 800,000 yuan, a suite with a price of 1 million, and no mortgage or mortgage. If A and B reach an agreement, A will pay another 200,000 yuan for the house, and the two sides will exchange houses. Then A and B are eligible for deed tax, A only pays 20 × 3% = 0.6 million deed tax, B does not need to pay deed tax. If you follow the pre-sale and re-purchase method, A will be subject to a deed tax of 100 × 3% = 30,000 yuan, and B will be subject to a deed tax of 80 × 3% = 24,000 yuan (without considering the deed tax rate).

       WeChat public number: Rong 360 mortgage (fangdai123)

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