Rule: Buying A Second-Hand House Can Save You A Lot Of Taxes And Fees.

The purchase of second-hand housing, in addition to the need to pay taxes and fees prescribed by the state, may also involve intermediary fees, pfer fees, notarization fees and other expenses.

These costs are cumulative.

Provincial taxes and fees have also become a top priority for every buyer.

Then, what are the ways to save money on taxes and fees?

The notice of the Ministry of Finance and the State Administration of Taxation on adjusting the business tax policy for individual housing pfers (fiscal 2015 [39]) stipulates that individuals who purchase more than 2 years of ordinary housing for external sales shall be exempted from business tax. Individuals who purchase over 2 years of non ordinary housing for external sales shall collect business tax according to the difference between their sales income minus the purchase price of their houses, and individuals will levy business tax in full on the sale of housing less than 2 years.

In view of this, the reduction of the general housing business tax for more than 2 years is the largest.

However, there are two criteria for business tax relief.

First, the standard of housing purchase time.

The Circular of the State Administration of Taxation on several specific issues in the implementation of the real estate tax policy (tax No. 2005] No. 172) stipulates that when a person purchases a house for tax declaration, he also issues a house property certificate and a tax payment certificate and the time specified by the two is inconsistent. He determines the time to purchase the house in accordance with the principle of "prior first", and the individual's behavior of external sale of housing acquired by non purchase forms such as donation, inheritance, divorce division and so on. The purchase time of the house is divided according to the property that has been donated, inherited and divorced.

It is determined that the common housing purchased by the state housing reform policy shall be determined according to the principle of "prior first" based on the effective time of the purchase contract, the date of receipt of the house receipt or the time specified in the house property right certificate.

The two is the distinction between ordinary and non ordinary housing.

The notice on the work of stabilizing housing prices (fifth issued by the State Office [2005] 26) stipulates that the housing preferential policies should satisfy the following conditions: the building area ratio of residential areas is over 1; the single construction area is below 120 square meters, and the actual paction price is lower than 1.2 times the average paction price of housing on the same level land.

All provinces, autonomous regions and municipalities directly under the central government shall, according to the actual situation, formulate specific criteria for enjoying preferential policies for ordinary housing in this region.

Allowing a single set of construction area and price standards to float properly, but the proportion of upward floating should not exceed 20% of the above standard.

Although the standards of general housing vary from place to place, most of them will be housing with a single floor area of not more than 144 square meters as an ordinary housing.

The Ministry of finance, the State Administration of Taxation, the Ministry of housing and the urban and rural construction of the Ministry of housing and the urban and rural construction of the Ministry of finance, the Ministry of housing and urban and rural construction on the adjustment of the real estate paction tax and personal income tax preferential policies (fiscal [2010] 94) first, paragraph 1, stipulates: for individuals to purchase ordinary housing, and the housing belongs to the family (the members include the buyers, spouses and minor children) the only housing, half the levy tax.

For individuals who purchase ordinary housing of 90 square meters or less, and the housing belongs to the only family housing, the deed tax shall be levied at 1% tax rate.

The second circular of the State Administration of Taxation on the issue of personal collection of housing related tax collection and Administration (No. 2007 of national tax [33]) stipulates that the "family only living room" means that taxpayers within the same province, autonomous region and municipality directly under the central government (spouse with husband and wife) have only one set of housing. "Third"

The person who buys the ordinary housing for the first time can apply to the real estate department in charge of the application to inquire about the family housing registration record and issue the proof without the house. If the local does not have the query condition and can not provide the family housing registration inquiry result, it can submit the written guarantee for the first time to buy the general housing, so as to enjoy a certain amount of preferential tax payment.

Personal income tax: proper custody of relevant valid credentials

The Ministry of finance, the State Administration of Taxation, the Ministry of housing and the urban and rural construction of the Ministry of housing and the Ministry of urban and rural development on the issue of personal income tax on personal sale of housing income (fourth [1999] 278] stipulates that the personal income tax should be exempted from the pfer of personal income for more than 5 years, and the income of the family's only living room.

Note: the time of individual pfer of housing is based on the time stated in the sales invoice.

To sum up, taxpayers should be exempt from personal income tax if they meet two conditions of self employment for more than 5 years and family only living rooms.

Those who do not comply with the above policies should pay their personal income tax according to the "pfer of property". There are two ways to collect or collect the personal income tax.

If a taxpayer can provide a complete and accurate certificate of the original value of the house, it shall apply for inspection and collection, otherwise, the approved collection shall be applied.

Personal income tax (inspection levy) = (tax price - the original value of the house - the related tax paid in the pfer - reasonable cost) * 20%.

It should be noted that the Circular of the State Administration of Taxation on the collection of personal income tax on the pfer of personal housing income (No. 2006 of national tax No. 108) stipulates that reasonable expenses refer to the housing decoration fees, housing loan interest, service charges, notarization fees and other expenses actually paid by the taxpayer in accordance with the regulations.

Deductible housing decoration costs need to meet three conditions: first, provide unified tax invoice for actual payment of decoration costs; two, the name of the payer listed on the invoice is in line with the pfer of housing property rights; three, it is deducted according to the prescribed proportion: purchased public housing and affordable housing: the maximum deductible limit is 15% of the original value of the house; commercial housing and other housing: the maximum deduction is 10% of the original value of the house.

The interest, service fee, notarization fee and other expenses paid by the housing loan shall be deducted according to the effective certificates issued by the relevant departments.

Personal income tax (approved levy) = tax price x 1% (the specific proportion is determined by the Provincial Local Taxation Bureau or the Local Taxation Bureau authorized by the Provincial Local Taxation Bureau according to the factors such as the location, location, construction time, type of housing, average price level of housing, etc.) within the range of 1% to 3% of the housing pfer income.

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For example, because of the mobilization of work, it is urgent to sell a general residential house full of 2 years or less than 5 years at a price of 1 million yuan. The original value of the house is 850 thousand yuan, the cost of decoration is 150 thousand yuan, and the cost of housing loan interest is 50 thousand yuan.

If we choose to collect the levy, we only need to pay personal income tax (100-85-85 * 10%-5) x 20%=0.3 million; if we can not provide the original certificate of housing value and other expense vouchers, we shall pay the personal income tax of 100 x 1% (specific reference to local standards) =1 (10000 yuan).

Separate taxes and tax concessions.

Family separation is the form of family property pfer.

Family separation refers to the division of family common property according to the agreed standards by family members through agreement and clearly defined to each party's own behavior.

According to the fourth paragraph 1 of the Circular of the State Administration of Taxation on the implementation of certain policies on the implementation of personal income tax (No. 2009 of national tax 121), the division of housing property rights by means of divorce is the treatment of common property by both husband and wife.

In terms of tax payment, there is a slight difference in implementation.

Take Zhejiang as an example, according to the notice of the Zhejiang Provincial Department of Finance on the pfer of family property division policy (zhe finance and agriculture tax [2006] 14): family separation is not the scope of the collection of deed tax, and it does not collect deed tax.

House exchange refers to the behavior of house owners exchanging houses.

According to the tenth provision of the Provisional Regulations on deed tax in People's Republic of China, the exchange of land and house ownership shall be exempted from the deed tax if the exchange price is equal. If the exchange price is not equal, the deed tax shall be levied on the party who delivers more money, material objects, intangible assets or other economic interests.

For example, a / B has different needs for changing rooms because of unit mobilization.

A suite, the price is 800 thousand yuan, B has a suite, the price is 1 million yuan, both sides have no mortgage and mortgage.

If a and B reach an agreement, a will pay another 200 thousand yuan, and the two sides will carry on the housing exchange.

A and B are entitled to the preferential tax payment. They only pay 20 * 3%=0.6 yuan deed, and B does not have to pay the deed tax.

If we deal with the method of first sale and repurchase, we need to pay a deed tax of 100 x 3%=3 (10000 yuan), and B shall pay a deed tax of 80 x 3%=2.4 (10000 yuan) (without considering the preferential tax rate for deed tax).

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