The whole process of second-hand housing transaction is roughly divided into the following stages:
(1) The buyer and the seller establish information communication channels, and the buyer knows the overall situation and property rights of the house, and requires the seller to provide legal documents, including house ownership certificate, identity certificate and other documents.
(2) If the house provided by the seller is legal and can be traded on the market, the buyer can pay the house purchase deposit (paying the house purchase deposit is not a necessary procedure for the sale of commercial housing), and the buyer and the seller sign a house sales contract (or a house sales contract). After the buyer and the seller reach an agreement on the location, property right, transaction price, delivery time, delivery method and property right disposal of the house through consultation, both parties shall sign at least three house sales contracts.
(3) The buyer and the seller apply to the real estate transaction management department for review. After the buyer and the seller apply to the real estate management department, the management department shall examine the relevant documents, review the property rights, and grant the transfer procedures for the houses that meet the listing conditions. If there is no property right or some property rights without the written consent of other property rights, the application will be refused and the listing transaction will be prohibited.
(4) contract. The real estate transaction management department shall, according to the property right status and the purchase object of the transaction house, report to the transaction department for approval step by step according to the approval authority set in advance, and both parties to the transaction may go through the formalities for signing the deed. Beijing has cancelled the contract for the sale of real estate during the transaction, which is also commonly known as the "white deed".
(5) Pay taxes and fees. The composition of taxes and fees is more complicated, depending on the nature of the transaction house. For example, the tax composition of commercial housing such as housing reform, rebuilding and demolition, and affordable housing is different.
(6), handle the transfer of property rights transfer procedures. After the real estate transaction management department completes the registration of property right change, both parties will hand over the transaction data to the issuing department, and the buyer will apply to the issuing department for a new property right certificate with the notice of receiving the property ownership certificate.
(7) For the buyer of the loan, after signing the house sales contract with the seller, the buyer and the seller go to the loan bank to handle the loan formalities. The bank will review the buyer's credit status, evaluate the house that both parties want to trade, and then approve the buyer's loan. After the two parties complete the registration change of property rights and the buyer obtains the house ownership certificate, the bank will issue a one-time loan.
(8) After the buyer has obtained the ownership certificate of the house and paid off all the house price, and the seller has delivered the house and settled all the property fees, all the second-hand house sales contracts of both parties have been fulfilled.
Tax calculation
buyer
1, deed tax: transaction price or evaluation price (whichever is higher) × 1.5% (commercial housing, second-time house purchase or houses larger than 144 square meters, the tax rate is 3%).
2. Transaction service fee: construction area (m2) ×3 yuan.
3. Transaction stamp duty: transaction price or evaluation price (higher) ×0. 05%
4. Registration fee for property right transfer: 50 yuan (RMB 65,438+00 for each additional 65,438+0 persons, and the Buyer 80 yuan).
seller
1. Transaction service fee: construction area (m2) ×3 yuan.
2. Transaction stamp duty: transaction price or evaluation price (higher) ×0. 05%
3. Land transfer fee: transaction price or appraisal price (higher) × 1%
4. Housing for needy people: transaction price or appraisal price (higher) × 1%
5. Commercial house: the land transfer fee is based on the benchmark land price × 3% × unpaid construction area.
6. Cost allocation: transaction price/total area × allocated area ×20%( 10/0% (below10 floor) transaction price/total area × allocated area × 20% (above10 floor)
7. Individual income tax: transaction price or evaluation price (whichever is higher) × 1% (the restructured house has lived for five years and is the only room).
8. Business tax and additional tax: transaction price or evaluation price (higher) ×5.5% (the real estate license or deed tax payment certificate at the time of purchase is less than five years).
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