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Real estate transfer documents take a long time, people have to pay taxes instead of being exempted

Due to the prolonged "soaking" of home sales records, many people are forced to pay tax instead of being exempted.

Soak the dossier for 3 months, from tax exemption to paying tax

In February 2022, Mr. NHHoang sold the house in An Khanh Ward, District 2 (now Thu Duc City, Ho Chi Minh City) for 12 billion VND. Dos _ Mr. Hoang later bought a house in Phuoc Long B, District 9 (now Thu Duc City) with an area of ​​140 m 2 for 10.15 billion VND (notarized in March). Mr. Hoang said that when he sold the house in P.An Khanh, he had all the documents to prove that he was the only property to enjoy the exemption. However, this file was "soaked" for 3 months, for some reason not paid. After selling the house in An Khanh, Mr. Hoang had money to buy a house in P.Phuoc Long B, but the land purchase documents were done faster than the sale documents. It shows that Mr. Hoang has 2 houses on the system, so the part of P.An Khanh house is not exempt from tax according to the policy.

Real estate transfer records take a long time, people have to pay taxes instead of being exempted - Photo 1

Control real estate transfer prices


According to Circular 111/2013 of the Ministry of Finance, income from the transfer of houses, residential land use rights and properties attached to residential land of an individual in case the transferor has only one house, the right to use Residential land in Vietnam is not subject to tax. However, in order to meet this provision, the transferor must satisfy all 3 conditions. Firstly, there is only the right to own a house or the right to use a residential land parcel (including the case where there are houses or construction works attached to that land parcel) at the time of transfer. Second, have the right to own a house and the right to use residential land for at least 6 months. The time of determining house ownership and residential land use rights is the date of issuance of the certificate. Third, transfer all houses and residential land. Where an individual has the right or joint ownership of a house,

“If I say that I have 2 houses and don't give them tax exemption, then I need to review the time to buy and sell houses. The house in An Khanh, I sold and notarized the sales contract on January 27, 2022, then I bought the land at P.Phuoc Long B notarized on March 1, 2022. After selling the house, I also had to find another place to buy to stabilize my life, maybe because the authorities extended the dossier for 3 months, but I had to wait, not buy, give up the opportunity if I found a house I liked. Here, there is nothing that can't be done, the authorities keep looking at the records at the time I sold the house, how many units there are," said Mr. Hoang. According to current tax regulations, the personal income tax rate on real estate transfer is 2%. So, with the selling price of the house at 12 billion VND, Mr. Hoang has to pay 240 million VND in tax instead of being exempted. Mr. Hoang's case is currently being handled by the tax authority in Ho Chi Minh City.