Go to the trading center to pay deed tax
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today, we will discuss whether to pay the deed tax to the housing authority or the tax bureau. What materials should we prepare
let's talk about it in detail
1. Deed tax: 4% for non ordinary houses and 1.5% for ordinary houses. The contract for the first purchase of ordinary housing of 90 square meters or less shall be charged at 1%. The specific charging standard of each city is slightly different
2. Housing maintenance fund: when the commercial housing is sold, the buyer and the selling unit shall sign an agreement on the payment of the maintenance fund, and the buyer shall pay the maintenance fund to the selling unit in the proportion of 2-3% of the purchase price. The maintenance base metal collected by the selling unit on behalf of all owners shall be jointly owned, and shall not be included in the residential sales revenue< In fact, the housing maintenance fund includes the special fund for housing public facilities and the housing maintenance fund. The special fund for housing public facilities, hereinafter referred to as special fund, shall be used for the renewal and renovation of common parts of property, public facilities and equipment, and shall not be used for other purposes. The special fund implements the principle of "money goes with the house". When the house is transferred, the remaining funds in the account will be transferred to the new owner of the house
3. Registration fee of house property right: some developers only collect it when they apply for the certificate, 80 yuan / set for residential property and 550 yuan / piece for non residential property< 4. Stamp ty on license: 5 yuan /
5. Cost: 10 yuan per unit< 2. Fees charged by the developer:
1. Balance of house payment: according to the contract of both parties
2. Area difference payment: according to the technical report on the actual measurement of commercial housing area
3. Decoration change cost: according to the supplementary agreement between the owner and the developer
4. Parking space payment: for the owners who need to buy parking space, both parties need to sign a separate contract (except for the parking space provided in the original house purchase contract, but it should be noted that the parking space has property rights)
5. Broadband and cable TV opening fee: it can be collected from the buyers who voluntarily accept relevant services, but it should not be forced to charge the buyers who do not want to accept relevant services at the time of delivery. It's reasonable to pay after decoration, otherwise you may pay more service fee for several months
6. Opening fees of other value-added services: if there is no separate agreement in the commercial housing sales contract, they can not be paid< 3. Property management fee:
1. Property management fee: subject to the contract
2. Heating fee in northern cities: the property company has no right to impose or charge this fee in advance, let alone take it as a reason not to deliver the house
3. Working capital or deposit of water and electricity: some properties will be charged, but the maximum charge should not exceed the water and electricity charge of conventional families for three months (except household measurement)
4. Parking management fee
4. Fees charged for property decoration management:
1. Decoration deposit: there is no clear provision, but the charge should not be too high, and it must be returned without special reasons
2. Decoration management fee
3. Garbage consumption fee
4. Temporary pass preparation fee for decoration construction: it is not specified, and in principle, it shall not exceed 5 yuan / permit< Public maintenance fund: when to pay, by whom to collect, future management and use, etc. According to the regulations, the public maintenance fund should be paid at the time of occupancy. There are many developers in the delivery, with a variety of excuses to force buyers to entrust them or the company they entrust to handle real estate certificate, forced to "collect" public maintenance funds and deed tax. The owner has the right to refuse
2. Deed tax: according to the regulations, deed tax should be paid when the property right certificate is handled. Many developers will ask to pay it before they move in, and the owners can completely refuse it. In China, only the tax authorities and the units designated by the tax authorities have the right to collect the deed tax. The property company has no right to collect the deed tax from the owners
3. Maintenance fund: at present, many property companies use the charging regulations on property management of ordinary and high-end residential buildings issued earlier than the regulations on payment of maintenance fund to mislead the owners to pay the major and medium maintenance fees at the same time of paying the joint maintenance fund. The owners have the right to refuse this kind of repeated charging. The details can be seen in the notice on the collection of intermediate maintenance fee after the establishment of public maintenance fund issued by the Bureau of land and housing
generally speaking, the owner only needs to pay the purchase money according to the purchase contract and the supplementary agreement, and the construction unit should give the key to the buyer directly. If the buyer and the construction unit have made a commitment to the Convention on the use, management and maintenance of the house when signing the purchase contract, Should also pay their own commitment to pay property management fees
4. Property management fee: Generally speaking, the property management fee is paid for one year, subject to the contract
5. Heating fee in northern cities: Generally speaking, for the heating fee collected by the property company, the buyer can pay before the heating starts, not necessarily before the check-in, and has the right to refuse to pay the heating fee before the check-in
6. Other kinds of charges: when delivering the house, the developer may list quite a lot of payment lists. Some of them are reasonable, but most of them are probably unreasonable. For example, the developer will require the owner to pay the electricity capacity increase fee, gas, natural gas, telephone and other initial installation fee, opening fee, etc. This can also be rejected. Specifically, it can be seen from the administrative measures for the composition of sales price of commercial residential buildings, which clearly stipulates that for new residential buildings, the cost and installation cost of all infrastructure facilities should be included in the house price. So in addition to clearly stated in the contract in the delivery of another charge, are "not marked fees.". Similarly, if the house purchase contract explicitly provides cable TV, hot water, access control system, broadband system, etc., but does not explicitly require additional fees at the time of delivery, the initial installation fees and opening fees in various names should not be charged for the relevant projects at the time of delivery. If new equipment is added outside the contract, it can be charged to the buyers who voluntarily accept the relevant services, but it should not be charged to the buyers who do not want to accept the relevant services.
1、 Materials required for declaration and payment of deed tax of commercial housing (incremental housing)
the following materials are the original ones and the copies are retained
Commercial housing (including affordable housing) purchase contract Identity certificate (for indivial, provide ID card or room entry book; Business license or organization code certificate shall be provided if it is a unit3. The power of attorney and the identity certificate of the entrusted person shall be provided for the entrusted person
Those who buy affordable housing should provide the permit In case of additional deed tax e to area increase, the house purchase contract, deed tax completion certificate, actual measurement result report and identity certificate issued by the surveying and mapping unit recognized by the real estate bureau shall be provided Second, the documents required for the declaration and payment of deed tax of second-hand housing (stock housing)the following documents are the original documents and the copies are retained
House sales contract The original house ownership certificate and land use certificate3. Identity certificate (for indivial, provide ID card or household register; Business license or organization code certificate shall be provided if it is a unit
4. The power of attorney and the identity certificate of the entrusted person shall be provided for the entrusted person
If there is a previous transaction, the tax payment certificate of the current seller shall be provided The following information is the original and the is retained1. Household registration book
2. Marriage certificate (to be provided when married)
3. Family housing registration records of all family members provided by the real estate transaction department and written inquiry results; If the local government does not have the query conditions and cannot provide the query results of family housing registration and issue a written explanation, the taxpayer shall submit a written guarantee of good faith for the actual number of family housing units to the collection authority
The tax basis of deed tax is the price of real estate. Due to different ways of land and housing ownership transfer and different pricing methods, the specific tax basis depends on different situations The transfer of state-owned land use right, the sale of land use right and the sale of houses are calculated on the basis of transaction price. The transaction price refers to the price determined in the land and housing ownership transfer contract, including the currency, material object, intangible assets or other economic benefits that the receiver should deliverthe donation of land use right and house shall be determined by the expropriation authority with reference to the market price of land use right sale and house sale
the exchange of land use right and housing is the price difference of the exchanged land use right and housing. That is to say, when the exchange price is equal, the deed tax is exempted; When the exchange price is not equal, the party who pays more money, physical goods, intangible assets or other economic benefits shall pay the deed tax
when the land use right is obtained by means of allocation and the real estate is transferred with approval, the real estate transferor shall pay the deed tax. The basis for tax calculation is the land use right transfer fee or land income
in order to avoid tax evasion, the tax law stipulates that if the transaction price is obviously lower than the market price and there is no justifiable reason, or if the difference between the price of the land use right and the house exchanged is obviously unreasonable and there is no justifiable reason, the tax collection authority can verify the tax basis with reference to the market price
1. Time of tax liability: the time of tax liability of deed tax is the day when the taxpayer signs the land and housing ownership transfer contract, or when the taxpayer obtains other certificates with the nature of land and housing ownership transfer contract
2. Tax payment period: the taxpayer shall file a tax return with the deed tax collection authority of the place where the land and house are located within 10 days after the occurrence of the tax obligation, and pay the tax within the period approved by the deed tax collection authority
3. Place of tax payment: the deed tax is paid by the collection authority of the place where the land and house are located< Second, definition:
deed tax is a kind of property tax levied on the property right receiver with the real estate whose ownership has changed as the tax object. The scope of tax payable includes: sale, donation and exchange of land use right, house sale, house donation, house exchange, etc< Third, taxpayers:
the taxpayers of deed tax are the units and indivials who transfer the ownership of land and houses in China
1. Domestic refers to the actual tax administrative jurisdiction of the people's Republic of China. The ownership of land and housing refers to the land use right and housing ownership
2. Units refer to enterprises, institutions, state organs, military units, social organizations and other organizations
3. Indivials refer to self-employed persons and other indivials, including Chinese citizens and foreigners
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