Tax exemption when purchasing an apartment. How tax (personal income tax) refund occurs when purchasing an apartment. Purchasing living space with a mortgage

Buying a home is in many ways an exciting and expensive time, so many happy owners, resigned to this state of affairs, do not even try to change the situation. This approach is completely wrong, because the law provides for the possibility of obtaining tax benefits when purchasing a house or apartment. Let’s take a closer look at who is entitled to what benefits, as well as all the current legislative news for 2019.

What are tax benefits?

Tax benefits are the possibility established by law to receive a deduction from taxes paid when purchasing residential real estate. In essence, this is partial compensation by the state for expenses related to the acquisition and finishing of housing.

At the legislative level, it is provided that all citizens of the Russian Federation who work officially, as well as some other preferential categories, can receive a tax deduction. This provision is reflected in Art. 220 of the Tax Code of the Russian Federation.

In what cases can you get a deduction?

Cases in which tax benefits are provided for the purchase of housing are clearly stated in the legislation of the Russian Federation.

Thus, a refund of a certain part of taxes paid to the state is possible in the following cases:

• Acquisition or construction of housing, including the acquisition of a share.
• Registration of ownership of a plot with residential real estate on it.
• Payment of interest on a mortgage or target loan related to housing.
• Expenses associated with finishing or repairing a home, provided it was purchased without finishing.

However, it is worth noting that in some cases the deduction is not provided.

Thus, no benefits are provided:

• When purchasing an apartment from interdependent persons. This category includes spouse, children, parents, siblings, employers and others).
• Upon repurchase. All citizens of the Russian Federation will be subject to the provision of a one-time tax deduction when purchasing housing.

Tax benefits for pensioners

It is also worth noting that, along with working citizens, pensioners also have the right to deductions. Moreover, it applies to both working and non-working persons.

If a pensioner works, he pays tax on his wages in accordance with the procedure established by law. Its rate is 13%, the same as for a working person who is not of retirement age. Thanks to the possibility of obtaining a tax deduction on property in the amount of up to 260,000 rubles. Return of this amount is possible within a year from the date of purchase of the property.

If a person has been assigned a state pension that is not subject to personal income tax in accordance with Article 217 of the Tax Code of the Russian Federation, then, in accordance with the amendment to Federal Law No. 330, he can also receive a benefit when purchasing real estate.

The procedure for providing benefits to non-working pensioners

A pensioner receiving state payments can exercise his right to the benefit within three years from the date of purchase of the apartment. On this basis, a deduction is made only if the person received a certain income during the specified period of time.

As an example, if a person retired in 2014 and purchased housing in 2017, then he is entitled to receive a deduction for 2016, 2015, and 2014. And if the pension was issued earlier, then the grace period will only be the last two years. This procedure for receiving benefits is called transferring the balance of unused benefits to other periods.

The video story will tell you about the possibilities of income tax refund when a pensioner buys an apartment

Transactions involving minors

On January 1, 2014, the provision on deductions in favor of children came into force. So, now any parent can count on compensation if he purchases property for his children under 18 years of age.

Regarding transactions of this kind carried out before January 1, 2014, the Ministry of Finance published several explanatory letters:

Conditions for receiving benefits

To apply for a tax deduction when purchasing a home, a number of requirements must be met, namely:

• Availability of citizenship.
• One-time use of the benefit.
• Official employment or receiving a pension.
• Purchase of real estate belonging to the housing stock.
• If the purchase was made using credit funds, reimbursement is possible only after confirmation of their intended use.

Legal documents confirming the grounds for registration of the deduction:

• An act from the developer on the transfer of housing.
• Certificate of ownership.

When purchasing an apartment at the same time by several persons, the refund amount will be divided in proportion to the shares of each of the home owners. That is, all owners have the right to receive compensation within 260,000 (for all).

News 2019

In general, the property tax deduction procedure in 2019 will not undergo significant changes. The rules in force since 2014 remain in force.

Among the most interesting innovations, it is worth highlighting that receiving a deduction cannot intersect with other government programs. Thus, the right to benefits is lost with government subsidies or special programs. In addition, those entrepreneurs who have chosen a simplified taxation system are not entitled to benefits.

Other tax residents can receive a deduction in the amount of 13% of personal income tax. As for the return on interest paid on the loan, the maximum amount can reach 3 million rubles. In addition, one of the innovations is that an employee combining several jobs can receive a deduction from each employer separately.

A tax deduction is an effective tool from the state that allows you to return part of the funds when purchasing an apartment and save additional funds for its improvement.

The video will tell you how to get a tax deduction when buying an apartment faster and more profitably

A mortgage loan for Russians is often the only way to solve their housing problem. At the same time, it is not a cheap way. Therefore, any opportunity to reduce costs when buying an apartment with a mortgage will be very useful. The use of a property tax deduction allows you to save 13% of the cost of housing plus 13% of the amount of interest paid on the loan. How to do it? Let's start in order.

What where When?

1. What? A property tax deduction can be obtained when purchasing an apartment, room, house, land plot for individual housing construction or a share in any of these objects.
2. Where? Now there are two ways to receive a property deduction: at your place of work (in this case, you simply will not have 13% income tax deducted from your salary) or after the end of the year at the tax office (in this case, you will be refunded the tax paid for the year). In both the first and second options, you will still have to start with the tax office at the place of registration. This is where you need to provide all the necessary documents and, if you want the deduction to be provided to you at your place of work, indicate this in the application.
3. When? The right to a tax deduction when purchasing finished housing arises from the moment of receiving a certificate of registration of property, and when participating in shared construction - from the moment of signing the acceptance certificate of the apartment. First of all, the main property deduction is applied and only after paying 13% of the cost of the purchased home is it possible to receive a deduction for mortgage interest. Receiving a property deduction for interest is tied to actual loan payments and is provided in installments as the loan is repaid.
4. How many? Currently, the main property tax deduction is provided in the amount of actual expenses incurred on the purchase of housing, but not more than 2 million rubles. Accordingly, the maximum possible tax refund amount will be 260 thousand rubles (13% of 2 million). The maximum deduction for mortgage interest since 2014 is limited to 3 million rubles, i.e. you can get 390 thousand rubles. If the mortgage was taken out before January 1, 2014, there are no restrictions on the interest deduction. If the cost of the purchased home is less than 2 million rubles, then you can use the “balance” of the deduction when purchasing your next home. But this applies only to properties purchased after January 1, 2014. But if the amount of interest on the mortgage is less than 3 million rubles, the “remainder” is burned and cannot be transferred to another loan. Both of these maximums apply per person. Those. if residential premises are purchased as joint or shared ownership, each of the parties to the agreement can take advantage of a deduction within the limits of these amounts. Thus, the total benefit for a family of two people can be 2*260 + 2*390 = 1.3 million rubles.

What else you need to know

There are plenty of subtleties and pitfalls when obtaining a property tax deduction. Let's name the most important of them:

• Until 2014, you could only exercise your right to a property tax deduction once in your life. However, this does not apply to those who received a similar income tax benefit before 2001. These lucky ones can once again receive a tax deduction on their next real estate purchase.
• There is no statute of limitations for receiving a deduction. If you purchased housing after 2001 and did not use the property deduction, the flag is in your hands - feel free to apply for a tax refund. However, the maximum deduction amount will be calculated based on the year the property was purchased.
• Starting in 2014, the main deduction for the cost of housing and the deduction for mortgage interest can be provided for different objects. Those. If you used the main tax deduction for real estate purchased without using a loan, then you still have the right to use a property deduction for mortgage interest during a subsequent purchase.
• The deduction is not provided if the purchase and sale of real estate was carried out between interdependent persons (spouses, parents, children, brothers and sisters).

In fact, there are much more details and nuances when using a property tax deduction. Issues of joint and shared ownership, return of personal income tax to pensioners, the opportunity to take advantage of property deductions for real estate acquired before 2001, etc. In order to understand each specific case in detail, especially if the case is complex, it makes sense to contact specialists. Professionals will help you use your right to a property tax deduction with maximum benefit. On the Tax website you can fill out and send directly to the Federal Tax Service an application and declaration 3-NDFL online. In addition, there is a mortgage calculator at your service that allows you to easily calculate the amount of interest paid on the loan and the amount of tax refund broken down by year. At the same time, you can receive qualified advice for any questions that arise.

Benefits when buying an apartment are government support for citizens, which has the main goal of boosting the construction industry after the financial crisis experienced in 2014. The sharp decline in construction volumes, provoked by the low income of most of the country's population, is one of the most serious consequences caused by the crisis. Weak financing also had a negative impact on the ability of banking institutions to issue funds on credit. In these difficult conditions, government support is very important. It is for this purpose that the government has developed a program according to which every citizen of the Russian Federation who is officially employed and pays personal income tax (NDFL) has the right to receive tax benefits when purchasing a house in the amount of thirteen percent of the amount of real estate. A person who wants to take advantage of this offer is required to carefully analyze all the conditions that are mandatory to receive a tax benefit when purchasing a home.

Who is entitled to subsidized housing according to the law?

Not all citizens are included in the category of people who are entitled to subsidized housing. As already noted, this service is provided exclusively to residents of the country, that is, to those Russians who live in the country for at least 183 days a year and pay personal income tax.

Also, benefits are given to:

1. A citizen who has received any income (sale, inheritance) and pays tax on it.
2. The spouse of the home owner (for example, if the apartment is registered in the name of a non-working family member).
3. Parents or guardian of the child (if the child is under 18 years of age when registering housing).

A married couple who has housing as common property can also count on payment. In this case, each spouse will receive 130,000 rubles.

When purchasing residential real estate, the benefit is not provided:

1. A private entrepreneur paying 16% tax.
2. A student who does not have an official job.
3. who retired more than 3 years ago.
4. An unemployed person who lives on state benefits.
5. To a military man
6. under 24 years of age and living on benefits.
7. Russians living in the country for less than 6 months a year.

Also, benefits when purchasing an apartment or house in 2019 are not provided in the following cases:

1. Housing was paid for by the employer.
2. Investments in real estate or budget payments.
3. The apartment was bought from a sister, brother, parents or guardian.

How to get a tax break when buying an apartment or house

Receiving a compensation payment requires a citizen to complete several steps.

1. Providing all documents. The list should include:

• , which contains information corresponding to the reporting period;
• income certificate 2-NDFL;
• photocopies of passport, marriage certificate, mortgage agreement, purchase/sale agreement, certificate of official registration of housing;
• an extract from the banking institution on payments made (principal, interest, payment receipts).

1. 2. Submit the required documents to the tax office. There are several ways to do this:

• Visit a multifunctional center or a branch of the Federal Tax Service.
• Use the State Services portal and send a letter with a mandatory description of the attached documents.

1. 3. Waiting for a response about the completion of the check.

The time to receive a response can vary from ten days to three months.

1. 4. Apply for the return of funds.

A tax benefit for purchasing an apartment or house can be credited to a citizen’s account within 3-4 weeks after sending, but this is only possible if the result of the audit has already arrived.

A citizen is required to provide the entire list of required documents only for the first application. If he receives income tax benefits when purchasing an apartment or house in parts, then each time he applies to a government agency, he does not need to submit documents confirming the ownership of housing.

Registration through the employer

According to the law, a citizen can apply for an income tax benefit through his employer. To do this, you need to submit a document from the tax office, on the basis of which the employer stops collecting personal income tax from the employee. Thanks to this, a person receives money at the place of official employment.

To formalize receiving money in this way, a citizen is required to:

1. Prepare a list of required documents (listed above).
2. Send them to the tax office, making sure to write an application for the audit decision.
3. If the answer is positive, collect a statement confirming receipt of the deduction.
4. Present it to your employer.
5. Get compensation.

Funds are issued until the end of the period specified in the report or until compensation is paid in full. If the employer does not pay the entire amount within the specified time frame, the citizen can withdraw the remaining money only the next year by contacting the tax office.

How is the payment amount calculated?

The income tax benefit when purchasing an apartment is equal to 13% of two million rubles (clause 3, clause 1, article 220). According to this scheme, it turns out that the maximum compensation will be 260 thousand rubles, even if the housing cost the citizen more than 2 million. For example, Peskov bought a house for 5,500,000 rubles, but according to the law, he is compensated 13 percent of only 2,000,000.

If the house costs less, the citizen will be returned guaranteed interest on this amount, but he will retain the opportunity to take the rest if he buys an apartment. For example, Petrova bought a house for 900,000 rubles. Based on the code, she will receive 13% of this amount, but she will retain the opportunity to receive benefits from the remaining 1.1 million rubles if she purchases a new apartment.

If the purchase was made by several owners, then each of them has the right to receive their 13 percent of the value of the property. The main thing is that this amount is suitable. For example, to receive a deduction for two owners, housing must cost at least 4 million. Payment of the full interest rate for three buyers is only possible if the property is purchased for at least 6 million rubles.

The actual investment in a new home includes not only the cost of purchase and sale, but also payment for building materials, finishing work and labor of specially hired people. But this money will be compensated only if the apartment was purchased in a new building.

Refund of 13 percent from an apartment issued with a mortgage

A Russian can receive a deduction not only for a one-time payment of the full cost of the apartment, but also for the amount of interest paid if a loan was taken out for housing from a banking institution (clause 4, clause 1, article 220). For such transactions, the state provides a purchase limit of three million rubles.

For example, Kirsheva took out a mortgage on a house. According to the law, the maximum benefit that she can receive from interest is 390,000 rubles. That is, the citizen receives the “standard” 13 percent of the cost of the apartment itself and 390 thousand of the interest paid under the mortgage agreement. As a result, Kirsheva will receive 650,000 rubles.

Scheme for receiving payments

Benefits for purchasing an apartment in 2019 (260 thousand rubles), guaranteed by the government, are not paid immediately. The speed of their return to a citizen depends on the percentage of his monthly income tax: the higher it is, the faster the tax institution will make the payment.

What tax breaks are you entitled to when buying a home in 2019? - This is a property deduction. Let's figure out who can get it and when.

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Few people know about the nuances of taxation of real estate purchase and sale transactions. Questions on this topic are asked both on forums and in legal consultations.

And it is not always possible to hear competent answers about the provision of tax benefits. And, as a result, citizens do not exercise their right to reduce the tax base and return transferred payments from the budget.

Basic moments

Necessary Definitions

A tax benefit is an advantage that is provided by government agencies or local governments.

Certain categories of individuals and legal entities have the opportunity to take advantage of this benefit.

And this puts them in a more advantageous position compared to other taxpayers. Tax benefit is an element of tax policy, the purpose of which is the implementation of economic and social objectives.

The following groups of tax benefits are distinguished:

• personal and for legal entities;
• social and general economic benefits;
• external economic benefit that is provided when exporting goods.

Tax benefits may be provided:

Procedure for completing a transaction

When buying a home, you should definitely check the property for legal purity.

When checking the property owner, analyze:

It is worth checking out the accommodation itself. Find out:

1. Have any repairs, including major renovations, been carried out, and is the building in line for demolition? Pay attention to the condition of the pipes and wiring.
2. Are the documents authentic (extract from the BTI, Rosreestr, passport offices).
3. Is the apartment collateralized by a credit institution?

Buyers may require from sellers:

• providing an archival extract from the house register, which contains information about registered persons;
• IDP and ND certificate for each owner;
• cadastral passports, which contain information about redevelopment and “red lines”.

You have the right to independently request a certificate from the Unified State Register, without the consent of the property owner.

If neither the object nor the seller cause you any concern, you can begin documenting the transaction. Explore.

If you can’t handle it yourself, turn to realtors for help. The contract should reflect the following information:

• location of the property being sold, information on the availability of land plots, name of the property, its area, purpose in accordance with, ;
• about the cost of housing and land ( , );
• about the owners of the property, the rules for their release, and stipulate how and when the apartment should be vacated.

Required documents:

• civil identity card;
• marriage certificate;
• to complete a transaction with notarization (when purchasing a home as a sole owner).

When purchasing real estate for a mortgage, you must additionally submit:

• receipt agreement;
• documents that confirm the absence of drug or alcohol addiction or mental disorders;
• other certificates requested by a representative of the banking institution.

When the documents are collected, the contract is drawn up, you can sign it and transfer the money. Be sure to note that the funds were received by the seller.

But be careful - you should not pay the agreed amount if you are not sure that the property will be re-registered in your name.

To guarantee, the transaction must be carried out with the participation of the bank - the money is transferred to the bank until registration is completed.

When purchasing an apartment you will need to pay:

• for the provision of services for re-registration of property rights;
• funds for notary services;
• money for the provision of services by the agency, for support in registration.

Normative base

It is worth following the Tax Code, amendments to which have been made.

There is also such an up-to-date document - Letter on Property Tax Deductions, which is approved by the government.

Tax benefits in connection with the purchase of an apartment

All funds that the seller receives when selling real estate are subject to taxation. The applicable rate is 13%.

But when calculating the tax amount, you can use it, which will reduce the tax base.

If the seller has been the owner of the property for less than 5 years, then the deduction will be calculated based on the amount of 1 million rubles; if more, the entire amount received during the sale will be deducted.

Homebuyers do not have to pay tax, since such funds are levied on the profit, which only the seller has in this situation.

A person purchasing an apartment has the right to use the amount that was spent by taxpayers on construction work or the purchase of an object.

The authorities have set a certain limit. If the apartment is alienated into shared ownership, the amount of the deduction will be divided among all participants in accordance with the size of their shares.

Who is eligible?

All real estate buyers can take advantage of the tax deduction once when purchasing objects.

This right belongs to a person who is registered and pays a tax of 13% on his income.

That is, tax benefits for the purchase of housing for pensioners have not been established, since this category of citizens does not have taxable income.

A citizen who, when purchasing real estate, used maternity capital funds or support programs from the state, is not entitled to use the deduction.

Persons who bought housing at the expense of the company they work for are also not entitled to a deduction. Only the owner of the property can take advantage of the tax benefit.

If housing is registered in the name of the husband, then the wife cannot claim a deduction. If the apartment was purchased as shared ownership by spouses, the deduction will be divided equally.

This will give him the opportunity to exercise his right. In the event that funds are transferred from the account of one spouse, but the apartment is registered in both of their names, it is worth submitting certificates instructing the second spouse to pay for themselves.

This can be a simple order drawn up in any form without notarization.

In what size?

The amount of the property deduction will be determined on a property-by-property basis and not on a per-taxpayer basis. If several people purchase housing, the deduction amount will be divided between them.

In accordance with the law, a person can receive a deduction of 13% from 2,000,000 rubles that were spent on the purchase. The deduction amount will be 260 thousand rubles.

Video: real estate tax - benefits and deductions

If the tax transferred by the taxpayer during the year does not reach this norm, then the remaining funds are transferred to future periods.

If the buyer of an apartment pays a loan, then he can take advantage of 2 deductions - from the value of the property (up to 2 million) and in the amount of interest on the mortgage.

When calculating the deduction in this case, you should rely on the following formula:

The costs of repairs to the purchased premises will be taken into account if the contract states that the property will be transferred without finishing ().

Documentary justification

Confirmation of the purchase of housing is possible by providing the following certificates to the tax authorities:

1. , certificate of state registration, act of acceptance and transfer of housing;
2. certificates confirming payment - a check issued by a bank, etc.;
3. personal documents - passport, TIN, pension certificate, ;
4. a statement made arbitrarily.

There are ways to receive compensation.

Option 1

The tax deduction will be made at the person’s place of work. The homebuyer will then receive earnings from which no taxes will be withheld until the deduction is used in full.

This option is suitable for citizens who have a high salary. The advantage is that you will not need to prepare a declaration, stand in line at the Tax Inspectorate, or wait until the end of the year to receive deductions.

What is necessary? Submit documents confirming the right to deduction to the tax authority, where a decision will be made on the possibility of receiving benefits at the place of work. The decision must be made within a month after the documentation is submitted.

Option 2

You can get back part of the money you paid when buying an apartment by applying for compensation to the tax authorities at the end of the year.

1. Write a statement.
2. Submit your declaration ().
3. Prepare certificates that confirm ownership of the object.
4. Submit certificates confirming the fact of transfer of funds to the seller (check,

   

   Representatives of the tax authority retain the right to demand other documents.

   Deadlines

   To receive a property deduction, the taxpayer must contact the Federal Tax Service from the beginning of the next year (after the year in which the purchase was made).

   If the documentation is submitted in 2019, then the rights to deduction appear from the beginning of 2019. The deadline for returning tax deductions on real estate is 3 months from the date of submission of the application to the tax officer.

   The right to receive a deduction itself is unlimited. You have the right to submit documentation to the tax authority for an object that was purchased even in 1990.

   You can wait for a new transaction to be processed if you are sure that this is more convenient for you. But the tax refund will be made on profits that were received during the period when the rights to deduction appeared.

   That is why it is worth determining the date of appearance of rights to. If housing was purchased with a sales contract drawn up, then this will be the date when ownership is registered.

   Taxology will tell you about deductions and taxes in simple language. Please write in the search bar the word or designation that you would like to know about and click the "Search" button below.

   What's happened tax benefits when buying an apartment?

   Tax benefits when buying an apartment are an opportunity established by Russian laws to receive tax deductions. The purchase of an apartment itself is not subject to tax. And it does not entail the need to pay taxes. On the contrary, the purchase of an apartment (or other housing) is the basis for a tax refund.

   For example, you bought an apartment for 1 million rubles. In the same calendar year, your salary was 100,000 rubles per month. Your employer paid you only 87,000 rubles per month. And he transferred 13,000 rubles of income tax to the state. At the end of this year, you can get back 130,000 rubles in taxes (13 percent of 1 million rubles).

   Tax explains:

   In order to return taxes, you need to collect certain documents and take them to your tax office (IFTS). To the inspectorate, as a rule, at the place of your permanent registration. Even if the apartment you bought is located at a different address (in another city, and so on).

   The documents that you need to provide to the inspectorate to receive a deduction (benefits) are, as a rule, a 3-NDFL tax return, a certificate of income and taxes from the employer and documents on the purchase of an apartment.