“Black and white” buying homes contract
The circumvention law does not have the effect
Mr. Qin: I bought a Wang set of house, the house cost am 1.2 million Yuan.
To little pay taxes, we signed buying homes funds are 800,000 Yuan contracts and handle the net to sign the procedure. We have dispute in the fulfillment contract, Wang proposed that takes the actual cost 1.2 million Yuan as the cardinal number computation penalty, but I think that should take 800,000 Yuan as the basis computation penalty.
: Which share should take as the standard?
Attorney Liu Xiao: You have signed two contracts, 1.2 million Yuan contracts are your real meaning indicated that is legitimate effective; But 800,000 Yuan contracts are you to avoid taxes to sign the false contract, belongs to malicious collusion which “Law of contract” stipulated that the hurt national interest situation, therefore, this contract, even if has handled the net to sign also invalid. When both sides have the dispute, should rest on the real contract to process.
In second-hand house business to avoid taxes sign “black and white” the contract situation is very common, but this procedure both has the big risk to the round turns. Therefore, should sign the real valid contract, avoids being penny-wise and pound foolish.
(This article originates: Legal system evening news) ![]()