How do you define relatives in real estate transactions? ——Hot spot analysis and legal guide in the past 10 days
Recently, the issue of defining kinship in real estate transactions has become a hot topic in society. Especially in scenarios such as purchase restriction policies and tax incentives, the definition of kin directly affects transaction costs. This article combines the hot data of the entire network in the past 10 days to sort out the key controversial points and provide structured analysis.
1. Overview of hotspot data across the entire network (last 10 days)
| keywords | peak search volume | Main discussion platform |
|---|---|---|
| Gifting real estate to relatives | 120,000 times per day | Zhihu, Baidu know |
| Transfer of property between husband and wife | Average daily 85,000 times | Douyin, Xiaohongshu |
| Sibling real estate transactions | An average of 62,000 times per day | Weibo, Toutiao |
2. Classification of relatives in legal definitions
According to Article 1045 of the Civil Code, relatives are divided into the following three categories:
| Relative type | Specific scope | Impact of real estate transactions |
|---|---|---|
| spouse | Legally married parties | Exemption from VAT/Personal Income Tax |
| direct blood relative | Parents, children, grandparents, etc. | Deed tax preferential (3% in some areas) |
| collateral blood relatives | Brothers, sisters, uncles, aunts, etc. | Tax is payable as an ordinary transaction |
3. Three recent controversial cases
1.Recognition of stepchild relationship: A case in Beijing shows that stepchildren from remarried families who have not gone through the adoption procedures cannot enjoy tax benefits for immediate family members.
2.Rights and interests of children born out of wedlock: The Shanghai court ruled that those who can prove parentage through DNA testing will have the same rights to real estate transactions as children born in wedlock.
3.cousins trade: The Guangzhou tax department has clarified that cousin relationships are not close relatives as defined by law, and a full 20% personal income tax is required.
4. Suggestions on relatives’ real estate transactions
| transaction type | Materials required | Processing time limit |
|---|---|---|
| Couple changes name | Marriage certificate, ID card | 3 working days |
| Gift from parents to children | Household register/birth certificate | 5-7 working days |
| sibling sale | Notarized certificate of kinship | 10 working days |
5. Key points of new policies in 2023
1. Shenzhen pilots the "kinship commitment system" to simplify the certification process (legal liability for false commitments is required).
2. Hangzhou includes aunts, aunts and uncles as immediate relatives and enjoys deed tax exemption (proof of kinship relationship is required).
3. The State Administration of Taxation has clarified that from 2023, all real estate transactions involving relatives must undergo facial recognition verification.
Conclusion:The identification of relatives in real estate transactions involves both legal definitions and is affected by local policies. It is recommended to consult a professional lawyer before the transaction and keep complete documentation proving kinship to avoid subsequent disputes. With the diversified development of family structures, there is still room for continuous improvement in relevant legal regulations.
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