Real estate licenses are not eligible for business tax for housing transactions for five years. In the previously introduced purchase restriction policy, the sale of houses under five years is subject to a significant amount of business tax. However, there are countermeasures under the policy. The author found in the market that many real estate agents claimed that they could avoid this large fee by means of first notarization and post-transfer. Is the method mentioned by the intermediary really feasible? What is the risk of doing this? Next, follow the decoration of the home network to learn about the contents of the transfer after notarization !
Phenomenon: How to save a large amount of taxes and fees
Xiaolin is ready to buy a second-hand house, and under the introduction of the intermediary, he took a fancy to a house in Beixin District. Xiaolin was very satisfied with all aspects of the house, but when it came to the price, Xiaolin made it difficult. When Kobayashi was about to give up, the agent secretly pulled Kobayi aside, saying there was a way for the owner to lower the price.
It turned out that the property certificate of this house has not been completed for 5 years. According to the current purchase restriction policy, if the house is to be traded, the seller must pay a large amount of taxes such as business tax. Based on this consideration, the seller must raise the price to be profitable. The method mentioned by the intermediary is to exploit the policy, so that the seller can avoid the tax, the cost of selling the house is low, and the seller will naturally sell it at a reduced price.
How to avoid paying the relevant taxes and fees? The real estate agent gave Xiaolin a trick: Xiaolin first gave the seller the money, got the seller's real estate license, land certificate and other documents, and then went to the notary office with the seller for notarization, signed the contract agreement After the property certificate of this house is 5 years old, both parties will go through the relevant transfer procedures. This can save a lot of money. The housing agent told Xiaolin that this is a common method of operation in the industry, and many real estate speculators use this method to avoid tax.
According to the current policy, the seller must pay an additional 5.5% business tax and a 1% personal income tax when the real estate license is less than 5 years of residential transactions. The house that Kobayashi fancy is worth 600,000 yuan. Kobayashi has calculated an account. This fee is not a small amount. The seller has to pay a tax of almost 40,000 yuan. The intermediary said that if the fee can be waived after the first notarization, the seller can reduce the selling price by 40,000 yuan. "This is good for both buyers and sellers." The intermediary said to Xiaolin.
The author called Miss Long, a real estate agent in Pengjiang District. Miss Long said that there is indeed such a practice in the industry. After the transaction, the buyer directly moved to the new home to live, and the two parties will transfer the property after the expiration of the real estate license. "I have received several such transactions. The two sides signed the agreement and went to the notary office for notarization. There will be no problem."
Reminder: Beware of an empty
Although this kind of practice can reduce the expenditure of tens of thousands of yuan at once, but Kobayashi still does not trust, after all, the money is handed over to the other party but the real estate license is still the name of the other party, which makes Kobayashi feel unreliable. Is this practice not feasible? Is there any legal risk?
Lawyer Li Yingzi of Guangdong Huanan Law Firm reminded buyers that although this is theoretically feasible, the buyer has the risk of not being able to transfer the house.
First of all, the house is real property in the legal definition, and the rights related to it are real property rights. According to Article 6 of the "Property Law of China": "The establishment, alteration, transfer and extinction of the right of immovable products shall be registered in accordance with the law." Article 9: "The establishment, alteration, transfer and elimination of the right of real estate, registered according to law Effectiveness; no registration, no effect, except as otherwise stipulated by law. Transfer after notarization stipulates that the transfer of ownership of the house must be registered before it takes effect. Generally speaking, the house must be registered and registered by the housing registration management department. The house really belongs to the buyer, and the ownership actually shifts.
Although the sale and purchase contract is signed and signed by the buyer and the seller, the sale and purchase contract is established and takes effect. The relationship between the two parties is the debt relationship of the contract. In legal terms, the property rights are greater than the creditor’s rights. The buyer can only rely on the signed house sales contract. The seller claims liability for breach of contract and cannot change the property owner accordingly.
Therefore, if the buyer and the seller sign the purchase contract and pay the relevant purchase price and taxes in full, if the transfer registration is not completed in time, if the seller conceals the truth and sells the house to the other party and transfers the name to the name. Next, when the five-year period expires, the buyer’s request for the seller’s transfer has not been realized. At this point, the buyer can only pursue the seller’s liability for breach of contract. In other words, the buyer is converted into a creditor and can only recover the money according to the agreement, but cannot transfer the property.
For the seller, in this relationship between the buyer and the seller, the seller only has to fulfill the obligation to transfer according to the contract of the house sale, and there is basically no risk.
The above is a detailed answer to the transfer after notarization, I do not know if you are satisfied with the introduction of the decoration home network Xiaobian. If you want to know more about the exciting content, please continue to pay attention to our life encyclopedia section!
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