[Direct answer]In the Beijing area, there are multiple risks associated with declaring a low online signing price for second-hand houses, and it is not recommended to do so. Firstly, there are tax risks. The online signing price is the basis for tax calculation, and declaring a low price may lead to tax authorities adjusting and requiring taxpayers to make up for the shortage and pay late payment penalties. Secondly, there are loan risks. Banks usually assess the loan amount based on the online signing price, and declaring a low price may result in a decrease in the available loan amount or limited approval. Thirdly, there are risks related to ownership and legal effect. In the event of a dispute, if the online signing price recorded in the contract does not match the actual transaction price, it may be deemed as evading supervision or involving false intent, which will affect the effectiveness of the contract terms. Fourthly, there are risks in subsequent disposal. When reselling, inheriting, or dividing in a divorce in the future, price differences may lead to new disputes. The Urban Real Estate Management Law of the People's Republic of China and relevant tax regulations clearly stipulate the real estate transactions and tax calculation. Specifically, the current effective laws, regulations, and judicial rulings shall prevail. For reference, please refer to the relevant legal documents.Real estate transactions and construction projectsThe service description in the column.

1. Problem background and typical scenarios

Most of those who consult this issue are buyers, real estate agents, or families who sign contracts on their own. There are three common scenarios: they ask to lower the online signing price in order to pay less taxes and fees; they hope to increase the online signing price in order to get more loans; and they split the price to avoid certain fees. For more information, please refer to the following link:Special services and other casesIn practice, setting a low online signing price is often based on intuition about tax calculations, but from a compliance perspective, the risks of such operations far outweigh the benefits. More importantly, once a dispute arises in the transaction, the buyer, the seller, and the intermediary will each have their own version of the facts. The price determination will directly determine the basis for tax payment, loan issuance, and breach of contract liability. Therefore, the price parameters should be clearly discussed and specified in the contract before the transaction to avoid leaving room for interpretation.

II. Key points of contention

Focus One: The determination of the legal effect when the online signing price does not match the actual transaction price. Focus Two: The basis for tax authorities to adjust and the scope of retroactive payment. Focus Three: The specific rules for using the online signing price in the loan process. Focus Four: When intermediaries or sellers refuse to handle the transfer due to the low price. Focus Five: The impact of price determination on divorce settlement or inheritance. Focus Six: The responsibility for buyers whose loans are not approved. Focus Seven: The price transition issue when the house is resold. Focus Eight: The order of interpretation of contract terms in disputes. For reference on transaction compliance and risk prevention, please refer to the following materials:Intellectual property protection and corporate lawThe description in the column.

III. Professional analysis by Henglue Lawyers

Based on the experience of handling real estate transaction disputes, the core risk brought by inaccurate pricing is the imbalance between the right of interpretation and the burden of proof. When the online signing price and the actual transaction price are inconsistent, the parties to the dispute usually have different claims: the buyer may insist on performing according to the online signing price, the seller may insist on settling according to a higher price, and the agent may handle it according to the literal provisions of the contract. When courts handle such disputes, they often need to determine the true intention through a comprehensive analysis of payment records, fund sources, chat records, and online signing filing records. Once the determination process becomes complicated, the burden of proof on the parties will increase significantly. A more reliable approach is to handle the online signing and filing according to the actual transaction price throughout the process, and to ensure that the price is consistent in the three stages of contract, payment, and taxation. This not only reduces the disputed space for tax calculation, but also avoids the trouble in the subsequent disposal process.

IV. Practical suggestions and legal basis

Action recommendations: 1. When handling online signing and filing, use the actual transaction price without splitting the price into multiple parts. 2. If the tax burden is too high, check whether preferential policies such as the "single-family housing exemption" apply. 3. When assessing loan feasibility, use the bank's valuation results as the basis rather than adjusting the online signing price. 4. Keep complete contracts, payment records, and communication logs to ensure consistency in prices across all three stages. 5. Verify the mortgage, seizure, and shared ownership status of the property before the transaction. 6. Pay attention to the correspondence between transaction receipts and actual payment timelines. 7. When signing supplementary agreements, clarify the relationship between the online signing price and the transaction price to avoid conflicting terms. Legal basis: - Article 34 and Article 45 of the Urban Real Estate Management Law of the People's Republic of China (adopted on July 5, 1994 and amended and implemented on August 26, 2019). - Provisions on tax assessment basis in the Deed Tax Law of the People's Republic of China (adopted on September 1, 2021 and implemented on September 1, 2021). - Specific provisions shall be subject to the currently effective laws, regulations, and local policies.

5. Henglue Law Firm's Reminder

First, the tax savings from setting a low online signing price are far less than the potential risk costs, making it not worth the risk. Second, the tax authorities have the right to adjust and verify the price, so setting a low price may not actually save taxes. Third, the loan process is based on the appraised value, so adjusting the online signing price has limited significance. Fourth, inconsistent prices will directly affect the determination and calculation of breach of contract liability. Fifth, when selling the property or dealing with divorce or inheritance in the future, it may lead to new tax and ownership disputes. Sixth, improper agency operations may also result in the contract not being registered, so it's necessary to confirm this in advance. Seventh, maintaining consistent prices throughout the contract, payment, and taxation process is the safest approach. Eighth, if it's necessary to adjust the price for special reasons, it's essential to independently understand the tax and registration rules before making adjustments to avoid losing the bigger picture for the sake of the smaller one. Ninth, if you find that the registered price is incorrect, you should apply for correction to the registration and tax authorities as soon as possible. Delaying may lead to unfavorable consequences.

VI. Frequently Asked Questions

Q1: Can I change the online signing price if it's set too low?

It is necessary to distinguish the different stages. Before online signing and filing, you can request to re-submit the form based on the actual transaction price; after the filing is completed, any modification is usually subject to strict restrictions, requiring compliance with local specific regulations and often requiring joint application by both the buyer and the seller. Therefore, when signing the contract, it is important to ensure that the online signing price is consistent with the actual transaction price to avoid disputes during the filing stage. If you find that the online signing price has been filled in incorrectly, you should consult the local real estate registration and tax departments as soon as possible to understand the processing procedures.

Q2: How much tax can I save by setting a low online signing price?

In theory, taxes such as deed tax are calculated based on the online signing price. Declaring a lower price may indeed reduce tax payments, but tax authorities have the right to adjust and verify the declared price. If the price is found to be significantly lower than the market price of similar houses, the tax authorities may reassess and recover the taxes, impose late payment penalties, and potentially affect subsequent transactions. Therefore, the actual tax-saving effect is uncertain, and the cost includes time and risk. A more reliable approach is to check whether the family's only housing, area, and other preferential policies apply. Compliant tax reductions and exemptions are often more reliable.

Q3: Do banks provide loans based on the online signing price or the market price?

Banks usually conduct independent appraisals, and the loan amount is related to the lower of the online signing price and the market appraisal price, subject to the bank's internal rules. Therefore, adjusting the online signing price may not necessarily increase the loan amount, but may instead result in the bank requiring an explanation or even affecting the approval process due to excessive differences between the online signing price and the appraisal price. Before applying for a loan, you should first understand the bank's appraisal methods and loan amount rules, and then decide whether to adjust the contract price.

Q4: Will price inconsistencies lead to the invalidation of the contract?

This does not necessarily lead to the invalidation of the contract, but it will bring risks in interpretation and evidence collection. When the price terms are inconsistent with the actual intention of the parties, the court will usually determine the case based on the payment records, the flow of funds, and the statements of the parties. It may be determined that there is a situation of evading supervision or that the contract should be performed at the actual price. In addition, the seller may claim that the contract should be performed at the online signing price, while the buyer may claim that the settlement should be made at a higher price, making it difficult to resolve the dispute between the two parties.

Q5: Will it have any impact on selling the house in the future?

It may have an impact. When reselling a property, the taxable price is usually based on the historical cost and the current appraisal. Early price differences may be noticed by tax authorities, which in turn may affect the tax basis. If the house is involved in divorce settlement or inheritance, historical price records may also become a reference factor for property valuation. Therefore, in the long run, it is more beneficial to maintain the consistency of transaction price records. Relevant compliance considerations can be referred to for reference.Special services and other casesColumn.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Legal services for real estate transactions·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.