Things to know when buying and selling agricultural land

Things to know when buying and selling agricultural land

What is agricultural land?

Agricultural land is the type of land allocated by the State to people to serve the needs of agricultural production, including cultivation, husbandry, afforestation, etc. Agricultural land is the main means of production and a document. Labor is both an object of labor, especially irreplaceable of the agro-forestry sector.

Agricultural land is the main means of production, both a labor document and an object of labor, especially irreplaceable in the agro-forestry industry.

More and more people have a need to buy agricultural land to save costs and want to own a piece of land to build houses. Although this method is said to be quite smart to be able to own a large area of ​​land, the price is much cheaper than residential land, but there are many potential risks for land buyers if they do not know a few things. problem.

When you want to buy agricultural land for the purpose of building houses later, you will need to carry out procedures to convert agricultural land to residential land. You can find out the details of the conversion procedure.

What is eligible agricultural land for sale?

According to Article 106 of the Land Law, if you want to buy and sell agricultural land, you need to meet the following conditions:

• Have a certificate of land use right.
• Land is not disputed.
• The land is not distrained for judgment enforcement.
• During the land use period.
• Not in the form of protected forest land, or protected arable land.

Procedures for buying and selling agricultural land

The process of buying and selling agricultural land is not too complicated. You can refer to and prepare documents according to the information below to be more proactive in the process of completing the procedure.

What documents are required when buying and selling agricultural land?

When doing procedures for buying and selling agricultural land, you need to prepare a set of documents with all the following documents:

• Contract for transfer of ownership of agricultural land
• Copy of certificate of agricultural land use right.
• Identification documents of the buyer and the seller.
• Some other related documents depending on the case.

How is the order to buy and sell agricultural land?

Step 1: The two parties involved, the transferor and the transferee, go to the Notary Office to request the notarization of the contract of transfer of agricultural land use rights.

Step 2: After the contract is successfully notarized, the two parties involved will go to the land registration office where the land is located to submit the application for the transfer of agricultural land.

What fees do I need to pay when carrying out procedures for transferring agricultural land?

Step 3: The user fulfills financial obligations as prescribed by law.

Taxes payable will include:

Personal income tax (The land transferor will have to pay this tax):

– In case the taxpayer does not identify or does not have documents to determine the cost or purchase price or rent and relevant legal documents of the land transfer, personal income tax upon the transfer will be determined. calculated according to the following formula:

Personal income tax = Transfer price x Tax rate 2%

– In case of determining taxable income, personal income tax for income from land transfer, the way to calculate personal income tax upon transfer will be calculated according to the following formula:

Personal income tax = Taxable income x 25% tax rate

Registration fee:

According to Circular 34/2013/TT-BTC, the registration fee when transferring land is calculated according to the following formula:

Registration fee amount = Property value for registration fee calculation x Registration fee rate (%)

Land fee:

According to Point b3, Clause 2, Article 3, Circular 02/2014/TT-BTC, the maximum cadastral fee collection rate is not more than 100,000 VND/paper for new issuance of land use right certificates.

• Contract notarization fee: Depending on the type of land, real estate has different notarization fees.
• Land surveying fee.

The process of making application for transfer of agricultural land does not exceed 30 working days.

Step 4: The land registration office where the land is located checks the records.

• Valid documents:

The land registration office where the land is located sends information to the tax office to determine the financial obligations of the land user. After that, changes will be confirmed in the land use right certificate in accordance with the regulations of the Ministry of Natural Resources and Environment.

The land registration office where the land is located is responsible for correcting and updating changes in the cadastral records. After completing the above steps, the certificate of use right will be handed over to the transferee.

The process of making documents does not exceed 30 working days since the land registration office where the land is located receives a valid dossier.