Recently, Mr. Yang, a consumer in Tianjin, said that when he found a real estate agency to ask an agent to sell his house, the agency’s staff advised him to sign two “Tianjin Real Estate Agents Contractsâ€, one of which deliberately depressed the contract. Amount, and hold the contract to the real estate trading center for transfer procedures. The intermediary company stated that as a result, high-priced transactions and low-cost tax returns can be achieved by one side selling the property. Mr. Yang thinks it is wrong and has not adopted the advice of an intermediary company. The author's investigation found that in Tianjin, some real estate agencies have proposed various tax evasion strategies for both parties. These tax evasion strategies have certain security risks for both parties.
Tax evasion tactics varied on November 25 last year. The author came to a real estate agency located in Yiyuchi Road, Tianjin, as a seller, and after learning about the situation, a staff member surnamed Liu told the author that the transaction was in progress. "We can sign two contracts and lower the price of one contract for transfer procedures, so we can pay less." The author went to another real estate agency in Shizilin Street in Tianjin. A staff member surnamed Wang also mentioned to the writer the issue of signing two contracts for tax evasion. After learning that the author's home purchase was less than five years old, the officer provided the author with another method of tax evasion - transaction over household ownership and notarization only. “Go to the notary office to do a notarization and promise that the house has already been sold to the other party. After the age of the house is over 5 years, you will need to go through the formalities for transfer. This will save the business tax.†The staff member said, “As long as the buyer and the seller trust each other, It was entirely possible.†Later, the author interviewed Mr. Li, a manager of Beijing Chain Home Real Estate Agency Co., Ltd., who introduced another evasion strategy to the author. “It is also a common method of tax evasion. For houses that are close to 5 years old, they can be leased to the buyer first, and after five years of age, they can be sold to the buyer at a negotiated price, and the previous rent can be offset against the purchase price. Escape most of the taxes."
Hidden risks of tax evasion strategies are based on the tax evasion strategies recommended by real estate agencies. Both parties can actually get a lot of benefits, but are these strategies hidden? Liu Guilin, an attorney of Beijing Oriental Law Firm who specializes in real estate disputes, said, “There may be a lot of benefits on the surface, and in fact there are many risks.â€
With regard to the practice of signing two contracts for tax evasion, Liu Guilin pointed out that this practice poses risks to both buyers and sellers. For the seller, if the buyer pays only part of the mortgage before the account is transferred, the seller will insist on the contract price after the transfer and the remaining price will not be paid. At this time, if the seller wants to recover the payment, an economic dispute will occur. For the buyer, if the buyer re-sales the house in the future, the house price will be based on the contract price submitted to the real estate trading center. The difference between the re-sold price and the real price will increase, and the personal income tax paid will also increase. In addition, it is an illegal act to make a false contract to evade taxes. Once it is discovered, it will be punished by the tax authorities. With regard to the practice of rent escort for tax evasion, Liu Guilin said that the "Contract Law" stipulates that contracts that are malicious and conspiring to harm the interests of the state, collectives, and third parties are ineffective contracts. Therefore, if there is disagreement between the two parties due to factors such as housing prices, the interests of one party will be infringed. The practice of transfer after notarization first puts the buyer at risk. Liu Guilin said that even if it is notarized, the property of the house is still the seller before the ownership transfer is completed.
During this period, if the seller remorse or privately sell the house to a third party, the property rights of the house will change. Even if the buyer holds the real estate license, the seller can still obtain a new real estate license by handling the lost procedures. On December 3 last year, Chief of the Market Management Office of Tianjin Housing Authority, Director Hu, said in an interview with the author that there are many hidden dangers in the tax evasion tactics proposed by the real estate agent company. Both parties of the second-hand housing transaction should fulfill their own tax liability. She reminded both parties of the transaction that they must read the terms of the contract or agreement when signing an intermediary service contract with an intermediary agency. Special attention should be paid to the specific matters of the entrusted service and the service standards, requirements, payment methods and payment time of the service fee, and the contract. The terms of performance, the parties’ liability for breach of contract, and the way in which the dispute was resolved. At the same time, both sides of the transaction can view the contents of the local model contract as a reference and prevent the intermediary agency from signing unfair terms.
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