What should I do if the developer owes taxes and can't get a real estate certificate?
For home buyers, it is reassuring to get the certificate in their hands, but some developers have been slow to apply for the property ownership certificate for the owner, what is going on?Most of them are mainly due to the following reasons.
First, it is impossible to handle the large property right certificate due to incomplete preliminary procedures;
Second, if the large property right certificate has been handled, it may be that the developer has to pay the deed tax and public maintenance collected before, and the total amount of this part of the funds is very large, and the developer's funds may not be able to turn over for a while
Thirdly, in the process of real estate construction, the developer may also mortgage the land or project for financing, which will also affect the handling of the large property right certificate and the owner's division of the property right certificate
Fourth, unqualified acceptance and failure to pay supporting fees may be the reasons why the real estate certificate cannot be issued.
If it is not because the developer is bankrupt or disqualified, resulting in the project being unfinished and needs to find a new developer to take over, the main reason for the delay may be because the developer owes taxes.
In fact, many developers will not pay the deed tax in time, such as paying the deed tax when receiving the house, and then apply for the real estate certificate after two years. For a time difference, it is not uncommon to use this fund for free.
Developers need to pay back taxes before they can apply for a title deed. If the developer owes taxes and the real estate certificate cannot be processed, we can ask the developer to pay the tax and apply to the housing management department for the real estate certificate after the developer pays the tax. It is also possible to apply to the local taxation department where the developer is located to request mandatory taxation of the developer.
If the developer refuses or is unable to meet the tax obligations, we have the right to file a lawsuit in court to ask the court to seize the developer's property to ensure that the tax can be paid back.
In order to avoid this from happening, it is recommended to require the developer to provide complete tax procedures, including real estate VAT invoices, to ensure that they have all the necessary documents to apply for the property ownership certificate.