1. Applicable Codes: Property Law of the People’s Republic of china, and GuangZhou Municipal Provisions on Urban Real Estate Registration.
2. Applicability: If a pre-purchaser has transferred the title to his property due to due to creditor’s rights or other reasons, and such transfer has been made on the order of judicial authorities or through an auction, he shall apply for registration of declaration of transfer of commercial property.
3. Documents Required:
| No. | Name of Document | Name of Document | Number of Copies | Original or Photocopy | Conditions | Remarks |
| 1 | Application Letter | Guangzhou Municipal Application for registration of pre-sold commercial properties | 1 | Original | ||
| 2 | ID Paper | Entity and Individual ID Paper | 1 | Photocopy | ||
| 3 | Property Ownership Certificate | Certificate of registration of property declaration | 1 | Original | Applicable to commercial properties with completed registration of declaration. | |
| 4 | Property Pre-sale Contract or Property Purchase Contract | 1 | Original & Photocopy | Applicable to commercial properties whose contracts have been filed but have not obtained registration of declaration. | ||
| 5 | Documents certifying that the title to the property has changed | Legal Instrument | 1 | Original | Valid judgment, verdict, reconciliation agreement or notice to assist in enforcement issued by a People’s Court, or valid award issued by an arbitration organization. | |
| 6 | Auction Transaction Confirmation | 1 | Original | Applicable to commercial properties purchased from auctions | ||
| 7 | Other Documents | Tax Payment (Exemption) Certificate Issued by Tax Authorities | 1 | Original |
4. Handling Agency: Department of Contract Registration, Guangzhou Municipal Real Estate Transaction Registration Centre.
5. Date of Completion: Nine workdays
6. Authority of Review & Approval: Level 1 Review & Approval
7. Handling Process: Case accepted (one workday) — documents received & distributed (half workday) – review (five workdays) — documents received & distributed (half workday) — certificate prepared & verified (one workday) — certificate issued (one workday) — filing.
8. Fees Payable:
| Fee | Amount | Fee Basis |
| Registration Fee | Residential: RMB 80 per case for entities; RMB 50 per case for individuals. (50% concession for “Affordable Housing”) Non-residential: RMB 550 per case | Suijia [2008] No. 174 Yuejia [2008] No. 169 Fagai Jiage [2008] No. 924 Suijia [2003] No. 104 |
| Real Estate Transaction Handling Fee | Buyer: RMB 3 per square meter Seller: RMB 3 per square meter | Suijia [2002] No.97 Yuejia [2002] No. 108 |
| Stamp Duty | Seller: Property price × 0.05% Buyer: Property price × 0.05% Exempted for individual sellers or buyers of housing | The rate shall be in accordance with the relevant provisions in documents issued by finance and tax authorities. |
| Deed Tax | Regular residential property purchased by individuals: transaction price (or appraised price) ×1.5%; other: transaction price (or appraised price) ×3% For first-time buyers of common housing of no more than 90 sq m, the deed tax is lowered to 1%. | The rate shall be in accordance with the relevant provisions in documents issued by finance and tax authorities. The certificate of first-time housing purchase shall be issued by the construction authorities in the prefecture, county or district where the housing is located. |
| Land VAT, Individual Income Tax, Business Tax and Surcharges | To be levied in accordance with the relevant national regulations; actual rates to be set by tax authorities. Land VAT exempted for individual sellers of housing | The rate shall be in accordance with the relevant provisions in the documents issued by finance and tax authorities. |
9. Notes:
According to The Circular of the Executive Office of the State Council on Forwarding the Opinions of the Ministry of Construction and Other Agencies Regarding the Stabilization of Property Prices (Guo Fa Ban [2005] No. 26), no transfer can be made before a pre-sold commercial property is completed and handed over and before the pre-purchaser obtains the property’s ownership certificate. As such, this registration service is only applicable to the transfer of pre-purchased commercial properties on the order of judicial authorities.
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