Is there a tax deduction if the apartment has been owned for 20 years?

Tax deduction for pensioners in 2020

Despite the availability of clarifications on the issues of receiving deductions by persons of retirement age, the topic is often the subject of discussion. The most popular are deductions related to the costs of treatment and the purchase of real estate by persons on well-deserved retirement. Let’s figure out whether pensioners can get a tax deduction, what the nuances are and the latest changes in legislation.

This service is applicable not only to the present, but also to the future income of an individual until the limit is exhausted. If a working pensioner does not have any problems with the return of overpaid tax, except for the return period for small incomes, then the situation with a non-working pensioner is somewhat different, because the pension is not subject to taxation. The Government of the Russian Federation, understanding the complexity of the situation, enshrined in paragraph 10 of Article 220 of the Tax Code of the Russian Federation one exception - citizens of retirement age can exercise their right to a deduction for the three years preceding the purchase of housing. If the amount of income tax for the period does not cover the maximum amount that a pensioner can receive by law, or he spent the last three years on a well-deserved vacation and did not pay personal income tax, then taxable income will be required to return the rest of the benefit. This can be not only wages, but also other income with the payment of income tax at a rate of 13 percent: sale of real estate or shares of enterprises, rental of real estate and others.

Who is entitled to a tax refund and who is not?

Compensation is only available to people who meet certain conditions. These include the following.

• Having Russian citizenship.
• Availability of income on which tax is calculated at 13% in the same tax period when the expenses were incurred.

Income tax refunds made for dental treatment are not realized in a larger amount than the taxpayer's payments to the state budget. The rest of the money is transferred to the next year. The following persons will not be able to receive a deduction:

• pensioners who have only a pension;
• unemployed citizens, even those who receive appropriate benefits;
• Individual entrepreneurs who pay tax other than 13%.

There are also restrictions on the amount paid. For example, the maximum rate applicable to standard procedures for dental prosthetics cannot exceed 120 thousand rubles. even when much more was spent on treatment and payment for medications. The exception is expensive services such as implantation.

Tax deduction for pensioners when buying and selling an apartment

When selling an apartment, the tax deduction for pensioners is no different from the application of this deduction for all other citizens. What type of pension the pensioner receives (state or non-state), whether he continues to work or not, does not matter.

But here, again, there is a nuance! Those pensioners who bought an apartment after retirement (both state and non-state) have the right to return the previously paid personal income tax from their salary for the three previous years (Opens in a new tab.”>paragraph 4, paragraph 3, Article 210 of the Tax Code of the Russian Federation and Opens in a new tab."> clause 10, Article 220 of the Tax Code of the Russian Federation). Of course, within the maximum amounts stated above.

Is there a child tax deduction if he pays child support?

If the tax agent, that is, the employing organization of the alimony payer, did not transfer the payment for child support on time or in full, the former spouse of the payer has the right to legal proceedings with the required organization, since in fact it is she, and not the second spouse, who is the debtor . In order not to blame the paying parent for the delay, it is necessary to submit correctly executed documents, as well as support them with various confirmations, for example, a statement on his behalf. A claim filed against the withholding agent may result in a benefit for the unpaid parent, namely, interest accrual for each day of payment that is overdue. Personal income tax will also be calculated from this interest and sent to the state treasury.

ESSENCE OF DISCUSSION A parent and his spouse who support a child under the age of 18 (and if studying, up to 24 years old) are provided with a standard deduction when personal income tax is withheld from their income. Since 2009, the amount of this deduction is 1000 rubles. per child for each month of the calendar year (Article 218 of the Tax Code of the Russian Federation). Is the standard child deduction available to a parent who does not live with the child and pays child support? SITUATION ANALYSIS The Tax Code of the Russian Federation states that the right to this deduction has the parent who is supporting the child (Article 218 of the Tax Code of the Russian Federation). In this case, it does not matter at all whether he lives with the child or not.

Property tax deduction for pensioners

Employees of law enforcement agencies and the Ministry of Defense of the Russian Federation also pay a state-established income tax at a rate of 13%. And, therefore, a tax deduction for the purchase of real estate for military pensioners is provided in the same manner as for other persons in this category.

For the first time, pensioners had the right to use the transfer of deductions on January 1, 2012, but it was limited to a narrow circle of people. Those pensioners who did not work or receive other income subject to the taxation system at a rate of 13% could receive state relief.

Tax deduction. How much can you get back from the state?

Now you can return part of the money spent on certain purchases, and some categories of workers have the right to receive a fixed amount monthly. To do this, you need to apply for a tax deduction. Life will tell you who can receive it and in what amount.

A tax deduction is an amount by which, if justified, the tax base is reduced. It can be used by Russian citizens who pay income tax at a rate of 13%. There are four types of deductions: standard, social, property and investment.

Standard tax deduction

Such payments are provided either to the taxpayer himself for participation in certain events (military operations, liquidation of the Chernobyl accident, etc.), or to the child. Unlike other types of deductions, this one is usually issued by the employer, although you can also declare it through the tax office.

Senior legal partner Vladlena Varshavskaya notes that the amount of the deduction depends on which category of benefit recipients the taxpayer belongs to.

The right to a deduction of 3,000 rubles monthly are the liquidators of the accident at the Chernobyl nuclear power plant and those affected by this accident (radiation sickness), disabled people who received injuries, mutilations and diseases in military service, and disabled people of the Great Patriotic War. A deduction of 500 rubles is provided monthly to Heroes of the Soviet Union and the Russian Federation, combatants (who have the appropriate certificate), disabled people of groups I and II, as well as disabled children.

— A tax deduction in the amount of 1,400 rubles or 3,000 rubles is provided to parents and their spouses, adoptive parents, foster parents and their spouses, guardians and trustees per child monthly, depending on the number and order of appearance of children. If the child is disabled, then another 6,000 rubles or 12,000 rubles are added to the indicated amounts, based on who the child’s taxpayer is (parent, adoptive parent or guardian), explained lawyer Vladlena Varshavskaya.

Social tax deduction

Social deductions are provided for expenses on education, medical services, voluntary life insurance, non-state pension insurance, and charity.

As TeleTrade chief analyst Mark Goikhman explains, the total deduction for these expenses cannot exceed 120 thousand rubles per year. That is, a person can receive 13% from them - a maximum of 15,600 rubles.

- For example, during 2020, a person paid for treatment - 30 thousand rubles, training - 60 thousand rubles, life insurance - 50 thousand rubles and a pension contribution to a non-state pension fund - 20 thousand rubles. A total of 160 thousand rubles were spent. At the end of the year, a person can receive a maximum of 15,600 rubles from them. Despite the fact that for 2020, the amount of personal income tax was paid no less than the specified amount, explains analyst Mark Goikhman.

Property deduction

A property deduction can be obtained for certain actions performed with property. Payments are due to an individual who receives official income and pays income tax at a rate of 13%. Senior managing partner of the law firm PG Partners Petr Gusyatnikov notes that we are talking only about personal income tax of 13%. Individual entrepreneurs or self-employed people who pay taxes at a reduced rate, for example 6% or 4%, are not entitled to a tax deduction.

Property tax deduction is provided both when purchasing real estate and when selling it. You can get it when buying real estate only once in your life. At the same time, the maximum amount for the taxable base of 13% is 2 million rubles. If the cost of the object is greater, the person will still receive a deduction only for 2 million rubles. That is, the maximum amount that can be received is 260 thousand rubles.

— If the cost of the object is less than two million rubles, then you can get the missing amount by purchasing another object. And so on until the deduction is completely exhausted. The amount of the deduction in annual terms depends on your income in the year you acquired the property and the amount of tax paid,” says Pyotr Gusyatnikov.

In addition to the deduction for the purchase of the property itself, there is a tax deduction for the payment of mortgage interest if the property was purchased on credit. Here the maximum amount for the taxable base is 3 million rubles.

In addition, according to the law, when selling real estate you need to pay a tax of 13% to the state. According to Peter Gusyatnikov, this can be avoided if the property was owned by a person for more than three or five years.

— The five-year period is valid for all real estate acquired after January 1, 2020. The three-year period applies to real estate acquired before January 1, 2020 or after January 1, 2020 under a gift agreement between close relatives, as a result of privatization or under an annuity agreement with lifelong maintenance. When selling residential buildings, apartments, rooms, dachas, garden houses, land plots, the tax deduction is one million rubles,” explained Pyotr Gusyatnikov.

Investment tax deduction

This deduction is due to individuals who carry out certain transactions with securities, deposit funds into an investment account, and receive income from transactions related to the investment account.

Lawyer Vladlena Varshavskaya explained that the maximum tax deduction is determined by the coefficient of the period of ownership of the securities and the amount equal to 3,000,000 rubles. Deductions for an individual investment account are provided either in the amount of funds actually deposited into this account during the tax period (but not more than 400,000 rubles), or in the amount of profit from operations on this account.

Professional tax deduction

Typically, a deduction is provided based on the amount of expenses actually incurred and documented. But there may be exceptions. Instead of actual expenses incurred, individual entrepreneurs can receive a deduction in the amount of 20% of the total amount of income they received.

Source

Are pensioners entitled to a tax deduction when buying an apartment?

The deduction can be obtained not only for those years that a person has already worked. But also extend it to the next 3 years, provided that dismissal is not planned. So the amount received will be greater. Because there is official income.

1. Officially employed and working pensioners.
2. People who do not have an official job, but receive a pension, provided that they previously worked officially and paid income tax.
3. Pensioners who purchased living space with a mortgage (but will have to provide an extended package of documents).

Interesting read: How to find out if the personal income tax benefit has been used to purchase an apartment

Tax deduction for pensioners

Please note: a pensioner can also receive a benefit if he has additional income (for example, he rents out an apartment, on the income from which he pays personal income tax annually) or sold property on which he also paid income tax.

Example 3: Sakharov A.S. He retired in July 2014, and since that period he has had no income other than a state pension. In 2020, he purchased a one-room apartment. Sakharov has the right to transfer the benefit to three years preceding the year of purchase of the apartment: 2020, 2014 and 2013. Since Sakharov no longer worked in 2020, he will be able to receive a deduction based on income from 2014 and 2013.

Tax deduction for pensioners: conditions for receipt and registration

The main regulatory framework on the issue under consideration is the Tax Code of the Russian Federation. It reflects the conditions, procedure for obtaining benefits and its amount. A tax deduction is considered to be a partial refund of funds contributed by a citizen in the established amount (13%) from his own income to the state fund.

If the deduction has already been issued previously for a full or partial period established by the state, it is no longer possible to receive it again for these years. If a person acquired property in the year he became a pensioner, then a deduction is assigned not only for the previous 3 years, but also for the current one. In this case, documents are submitted no earlier than the year following the transaction. Let’s say a person became a pensioner and purchased a home in 2020. He has the right to issue a deduction for 4 years in 2020: 2020, 2020, 2020, 2020.

Are all pensioners entitled to a tax deduction when buying an apartment?

The most difficult situation is with regard to tax deductions for disabled pensioners. For many, this is the most confusing situation - all pensioners are entitled to a deduction, but they cannot claim it. In fact, this is not entirely correct information - it all depends on the duration of retirement, the year of purchase/sale of residential real estate and the presence/absence of taxable income.

It is worth knowing that ICs in real estate transactions are in no way related to social deductions. According to the law, both working and non-working pensioners can claim deductions when purchasing a home. There are no social deductions for treatment or training for non-working pensioners. While persons who continue paid work may qualify for a refund of part of the funds spent.

Treatment abroad: is there a tax deduction? — Traditional methods of treating cancer

As statistics show, the number of medical services that Russian citizens receive abroad is growing every year. We are talking about the segment of expensive, high-tech operations, as well as modern preventive procedures, the purchase of medicines, and the like.

From the point of view of the letter of the law, the possibility of receiving compensation when undergoing treatment in Israel or Germany is not provided. At the same time, since mid-2011, consultations have been continuously held at the government level on the prospects for changing this legal norm. The reason for such transformations may be the increasing frequency of lawsuits in courts of various instances from consumers seeking to cover the costs of expensive operations, which were supervised by foreign specialists in foreign clinics.

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Tax deduction for pensioners when buying an apartment

Is it possible for a pensioner to receive a tax deduction? Many elderly citizens are interested in it. Part 10 Art. 220 of the Tax Code allows the transfer of property tax deductions for pensioners to previous periods. At the same time, the benefit is provided to both working and non-working citizens of retirement age.

If for 3 years, before purchasing an apartment, the pensioner did not work and therefore did not pay personal income tax, it is impossible to apply for the benefit. After all, the refund is made from previously paid income taxes. No tax means no benefit.

Buying a home with a mortgage

In a situation where a citizen attracts credit funds to purchase real estate, special rules are provided. For mortgaged housing, the return is calculated based not only on its cost, but also taking into account the interest to the bank.

In this case, actual expenses are covered in an amount not exceeding three million Russian rubles. To resolve this issue with the tax authorities, you need to add some more official papers to the above documents:

1. Extracts from a credit institution confirming the transfer of funds from the seller to the buyer.
2. Check sheets for receipt orders.

Note that Article No. 220 of the Tax Code of the Russian Federation states: “If the amount of interest in a period is higher than the amount of a citizen’s income, unreimbursed mortgage interest is carried forward to the next year.” The transfer is possible until all interest is fully reimbursed and the loan agreement ends.

Article 220. Property tax deductions

Those who bought real estate from their parents, children or other relatives, as well as the employer - those who are considered “related persons” will not qualify for the property deduction. This clause is intended to protect the state from payments to scammers who use their close associates for fraudulent money schemes.

It will not be possible to reimburse your expenses even if one person paid for the property, and another became its actual owner - neither the new owner nor the person who financed the purchase will be able to claim a 13% refund. There is also a limitation for maternity capital.

This is important to know: Contribution for major repairs: do I have to pay and can I refuse to pay?

If part of the paid price of an apartment or other housing was paid in this way, the amount of capital cannot appear in payments from the state.

Refund of real estate deductions will help you save your budget

How to get a tax deduction for a pensioner when buying an apartment

According to paragraph 10 of Art. 220 of the Tax Code of the Russian Federation, both working and non-working pensioners are allowed to carry over the balance of the property deduction to previous years, but no more than 3 years from the date of purchase. For example, an apartment was purchased in 2020, which means that the benefit can be claimed for 2020, 2020 and 2014.

ATTENTION! If a non-working pensioner has additional income, for example, from renting out housing, and deducts 13% from it, he becomes an applicant for benefits on the same terms as an employed person.

Justice pro

If the pensioner continues to work, then he will be able to transfer the remainder of the deduction to previous tax periods, and if the income for these years is not enough, then the working pensioner will be able to refund the tax when buying an apartment in subsequent years.

• to purchase an apartment,
• to repay interest on loans for the purchase of an apartment (including interest on loans received from banks for the purpose of refinancing (on-lending)). Interest deduction is provided only for one apartment.

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How to get your taxes back?

We have already dealt with those who are obliged to declare their income and replenish state budgets. Today we’ll move on to a more pleasant process and tell you how you can return your taxes and replenish your own budget.

First of all, we suggest you understand the circumstances under which tax refunds become possible.

The first circumstance: in order to return the tax back, you must first pay it to the budget.

The state does not simply distribute anything from the budget to citizens, with the exception of state assistance in the form of various types of state support, but that is a completely different story. Therefore, you can only return personal income tax that was overpaid to the budget, the amount of which was adjusted in connection with the taxpayer’s statement of his right to a tax deduction.

The moment of paying taxes to the budget is extremely important, since some ordinary people are inclined to believe that when buying an apartment for 2 million, the state will return 260 thousand back from the budget at a time. It’s not that simple! Citizens who do not have income subject to the 13% tax cannot claim tax deductions, because they simply have nothing to deduct from. The most common categories for which tax deductions are not available include unemployed citizens, students, entrepreneurs using special tax regimes, and others.

In order to find out whether you pay personal income tax, or rather, whether a tax agent does it for you, you need to contact your source of income payment

(employer, tenant) for a certificate in form 2-NDFL, from which it will be clear whether personal income tax has been calculated, withheld and transferred from your income to the budget. Of course, you can take advantage of the deduction if you pay personal income tax yourself. The 2-NDFL certificate, if available, will serve as the basis for filling out a declaration in which the right to a tax deduction will be declared. Also from this certificate the amount of tax to be refunded will be clear.

Now I propose to understand a little the concepts of tax legislation. Thus, a tax deduction is the amount of expenses of a certain type actually incurred by the taxpayer (see “circumstance two” below). For each type of expense, the maximum amount of tax deduction is established by law. Some types of deductions are provided to a taxpayer only once in his life. But the amount of tax refund represents a small part of your tax deduction, namely, 13% of it.

For greater clarity, let's give an example . Your salary for 2014, according to the 2-NDFL certificate, amounted to 300 thousand rubles, the employer acted as a tax agent and withheld 13% of the income tax, namely, 300 thousand * 13% = 39 thousand. “In your hands” you received 300 thousand - 39 thousand = 261 thousand Let's assume that in 2014 you spent 20 thousand on dental services, which gave you the right to receive a social tax deduction in the amount of 20 thousand and a tax refund in the amount of 20 thousand * 13% = 2.6 thousand. Technically it looks like this: (300 thousand * 13% ) – (300 thousand - 20 thousand) * 13% = 2.6 thousand.

So what types of expenses are partially reimbursed by the state?

So, the second circumstance: have you made expenses that give you the right to a tax deduction?

Firstly, these include social expenses that give the right to receive a social tax deduction: expenses for donations; expenses for your education, education of your children, brother or sister; payment for medical services for yourself, your parents, children, spouse, as well as expenses for the purchase of medicines; expenses for paying contributions for additional pension provision to non-state pension funds for oneself and close relatives, additional contributions for the funded part of the pension.

Secondly, the state provides for the receipt by citizen taxpayers of tax deductions of a property nature. You can use these when purchasing residential property, land plots, and during housing construction. In addition, the amount of interest paid by the taxpayer to the bank on loans related to the purchase/construction of housing is subject to tax deduction.

An innovation in 2014 was investment tax deductions related to taxpayers conducting transactions with securities.

Of all the possible ones, deductions for education and treatment are the most popular.

When claiming the right to reimbursement of part of such expenses, it is important to remember that when studying, its form does not matter, that is, it can be studying at a university, or courses in a driving school, the main condition is that the educational institution has a license. As for receiving a deduction for the education of children, only full-time education is compensated here and only until the child turns 24 years old. In addition, there is a limit on the amount of tax deduction - no more than 50 thousand rubles. per child in total for both parents.

That is, the maximum amount of tax to be returned to the family is 6.5 thousand (50 thousand rubles * 13%).

As for medical services, firstly, it is important that a medical institution has a license (its presence, in my opinion, should be of interest not only to the tax office, but also to any consumer of this type of service). Secondly, receiving a tax deduction for medical services requires the availability of a special certificate for the tax authorities issued by a medical institution. In this certificate, the doctor enters a code for the type of treatment provided, on the basis of which it will be possible to determine whether this type of treatment is considered expensive or not. The difference is that the amount of tax deduction for expensive treatment is not limited.

Regarding the provision of social deductions in general: the peculiarity is that such deductions can only be obtained through the tax office by submitting a declaration in form 3-NDFL with all supporting documents. The amount of social tax deduction, excluding expenses for education of children and expensive treatment, is limited to 120 thousand rubles, and the balance is not carried over to subsequent years.

For example, if you spent 100 thousand on your education in 2014, as well as 50 thousand on inexpensive treatment for your parents, the total amount of the deduction will not be 150 thousand, but only 120 thousand. The difference of 30 thousand cannot be used.

The next group of most popular deductions is property.

The deduction when purchasing real estate can be used in parts

This type of deduction is provided to the taxpayer once in a lifetime, which determines such a reverent attitude towards it on the part of those who understand tax legislation.

On January 1, 2014, amendments to the Tax Code came into force, according to which a tax deduction of 2 million rubles can be used in installments for the purchase of more than one object.

That is, you bought a room in 2014 for 1.5 million and received a deduction of 1.5 million, and in 2020 you bought a share in an apartment for 2 million and can “get” the remaining 500 thousand. Previously, before 2014, There was no such right: you bought an apartment for 1.3 million in 2012, used the right to a deduction - and that’s it, you can’t use the deduction anymore, despite the fact that the balance of 700 thousand in this case was “burned out”.

An interesting innovation has been in effect since 2014 regarding deductions from the amount of interest paid in connection with the use of loan funds for the purchase of housing. So, until 2013, this amount of interest was not limited in any way. Currently, a property deduction for interest is provided in an amount not exceeding 3 million rubles. Moreover, according to the Ministry of Finance, if a taxpayer until 2014 used his right to deduct from the cost of the property, but did not receive a deduction for interest, then purchasing housing now using a mortgage, you can take advantage of the deduction from the amount of interest (see letter from the Ministry of Finance dated December 16. 2014 No. 03-04-05-64922). You can view it using the link (available on weekends and holidays).

Property deductions can be carried forward to subsequent years.

Let's assume that in 2014 you purchased real estate for 3 million with a mortgage. You are entitled to a maximum tax deduction of 2 million. In 2014 you earned 1 million, personal income tax was withheld from you 130 thousand. Accordingly, for 2014 these 130 thousand are returned to you and the remaining 130 thousand (2 million * 13% - 130 thousand .) are transferred to the next year 2015. Let in 2020 you earn 1 million again, the whole story repeats itself, as a result, the deduction will be completely exhausted by you in 2015.

After this, it’s time to claim the interest amount as a deduction. To do this, you need to request a certificate from the bank about the interest paid on your loan, starting from 2014, i.e. from the beginning of using borrowed funds and until 2020, since it is for 2020 that you will submit a declaration with the declared deduction by percentage.

You can receive a property deduction in two ways: from your employer and through the tax office.

The “through the tax office” method attracts taxpayers because it is possible to receive a tidy sum at a time, but this process is overshadowed by the complexity of drawing up a declaration. For readers of our site, this is no longer a problem: thanks to our article, they know exactly how to fill out this declaration easier and more profitable.

All documents supporting expenses must be attached to the declaration. Each deduction has its own list, it can be easily found, so we will not describe it in detail.

The time frame for receiving a tax deduction is up to 4 months

So, with a ready set of documents, sparkling eyes and in anticipation of replenishing his finances, the taxpayer comes to the inspectorate, and there the line begins at the entrance in the best traditions of Soviet trade.

Therefore, in order not to darken your mood, you can either wait until May, when the main influx of those wishing to make money at the expense, as it seems to them, of the state will subside, or you can try to use the online registration service for the inspection. You can also purchase an electronic digital signature and, joining the ranks of advanced citizens, send a declaration from the taxpayer’s personal account.

Let's say you're lucky and you've submitted your documents, congratulations! All you have to do is wait about four months, and the money is in your pocket. Is four months long? Have you already booked your tours? Well, perhaps you will be lucky and the tax office will be favorable to you. But seriously, four months is the limit, usually the process ends earlier, but due to the budget situation you need to be prepared for the maximum.

Svetlana PENTEGOVA DELA.ru

Property tax deduction for pensioners

Hello, in July 2020 I bought an apartment for 1,560,000, received an income refund, in May 2020 I bought another apartment for 1,600,000, and since February 2020 I have been a non-working pensioner. Can I apply for an income deduction from a second apartment?

Hello Pavel. Yes, if there are personal income tax transfers at a rate of 13% to the budget, then it is possible to receive a deduction. If your father has never received a property deduction before, then in 2020 he will be able to submit documents and declarations for 2020, 2020, 2020, 2020.

Personal income tax 2020: refund

The legislation approves several cases when a taxpayer can return income tax. These include the following:

• the tax agent (employer) incorrectly calculated the amount of personal income tax on the employee’s income;
• the taxpayer decided to exercise the right to receive a tax deduction;
• During the current tax period, the taxpayer’s status on the basis of which personal income tax is calculated has changed.

The first situation is when the employer incorrectly withheld income taxes on income paid to the employee. If an error is discovered, he must notify that employee within 10 days. Based on the notification, the employee must write an application for a personal income tax refund. The employer must return to the taxpayer the amount of tax withheld in excess.

If he is unable to do this on his own, he turns to the Federal Tax Service of the Russian Federation for help. Provides the employee’s statement, his own statement, as well as accounting documents that confirm the overpayment of tax. If there are no errors in them, the Tax Service returns the amount of overpaid personal income tax to the employer’s account. He, in turn, transfers it to the employee’s account specified in the application.

Refund of personal income tax in cash is prohibited by law. All payments are made by bank transfer.

The second situation is when the taxpayer decided to issue a tax deduction. It represents a personal income tax return. Taxpayers whose income is taxed at a rate of 13% can receive a tax deduction. Deductions are provided for the following expenses:

• when buying or selling real estate;
• on expenses for treatment, training, medicines;
• on expenses for paying insurance premiums;
• for the children and for the taxpayer.

The Tax Code specifies the types of tax deductions:

• standard;
• property;
• social;
• professional;
• investment.

They can be issued in the current tax period or based on the results of the previous tax period. Depending on this, the method of providing a refund differs.

For example, deductions for children and for the taxpayer (standard) are provided in the form of an amount by which the tax base will be reduced monthly for calculating personal income tax on the employee’s income. Property deductions (when purchasing property) are provided in the form of compensation based on the results of the previous tax period. At the same time, they take into account the amount of personal income tax that was withheld from the taxpayer’s income and transferred to the budget in the previous tax period.

Let's give an example. Smirnova K.A. bought an apartment in 2020 for 2,100,000.00 rubles. She is entitled to a deduction from the state in the amount of 2,000,000.00 rubles (approved limit). Of this amount, she can return 13% - 260,000.00 rubles. In 2020, tax in the amount of 78,000.00 rubles was withheld from Smirnova’s income. It is this amount that she can return from the budget in 2020. The remainder of the deduction is carried over to subsequent tax periods until the tax benefit is fully used.

The procedure for processing personal income tax returns is regulated by Art. 78 Tax Code of the Russian Federation.

You can apply for deductions through your employer. As a rule, standard deductions are obtained in this way for children or for the taxpayer. In most cases, deductions are processed through the Federal Tax Service of the Russian Federation. Provide the following documents:

• certificate from place of employment in form 2-NDFL for the previous tax period;
• completed declaration 3-NDFL;
• documents confirming the right to receive a refund (depending on the type of deduction);
• application for a deduction.

These documents must be free of errors and corrections.

Are pensioners entitled to a tax deduction when buying an apartment and how to get it in 2020

The deadline for verifying the information contained in the declaration and transferring money is set at 3 months from the date of submission of the papers. This means that if the declaration was submitted on March 19, 2020, then the deduction for the purchase of an apartment for pensioners must be received before June 19, 2020 inclusive.

Attention. If several objects were purchased during the tax period (for example, an apartment and a room in a communal apartment), it is worth filing compensation for all. The main rule is that the deduction amount for all purchases should not exceed the maximum amount. This rule applies only to transactions made after 01/01/2014.

A pensioner bought an apartment: how can you get a tax deduction?

• a certificate of ownership was received (or an extract from the Unified State Register) - if the basis is a purchase and sale agreement;
• a transfer and acceptance certificate was signed - if the basis for the emergence of the right is a share participation agreement.

Legally married persons can receive property deductions for each other. To do this, you must have taxable income. In this case, the package of documents will need to be accompanied by a marriage certificate and a statement defining the shares of the spouses.

How to get a tax deduction for working pensioners when buying an apartment

Next, you need to visit the territorial tax number at your place of residence or registration. Here you need to provide details for transferring funds. It is worth remembering that you must have a current account at a branch of any Russian banking institution.

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

STEP-BY-STEP INSTRUCTIONS ON HOW TO GET A DEDUCTION

To receive a social tax deduction for expenses on the funded part of a labor pension, the taxpayer must complete the following steps:

1. Fill out a tax return (form 3-NDFL) at the end of the year in which the contributions were paid.
2. Receive documents at your place of work:

• a certificate of the amounts of accrued and withheld taxes for the corresponding year in form 2-NDFL;
• a certificate from the employer about the amounts of additional insurance contributions that were withheld and transferred by him on behalf of the taxpayer.

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Kurtov Mikhail Sergeevich

Practitioner lawyer with 15 years of experience. Specializes in civil and family law. Author of dozens of articles on legal topics.

3. Prepare copies of payment documents confirming the taxpayer’s actual expenses for paying contributions (cash register receipts, cash receipt orders, payment orders, etc.).

4. Submit to the tax authority at your place of residence a completed tax return with copies of documents confirming actual expenses and the right to receive a social tax deduction for expenses for paying additional contributions to the funded part of the labor pension.

This is important to know: Social tenancy agreement: grounds, conditions and features

*If the submitted tax return has calculated the amount of tax to be refunded from the budget, together with the tax return, you can submit to the tax authority an application for a personal income tax refund in connection with the costs of paying additional contributions to the funded part of the labor pension.

When submitting copies of documents confirming the right to deduction to the tax authority, you must have their originals with you for verification by a tax inspector. The declaration and attached documents are verified within 3 months

from the date of submission of documents to the tax authority ().

Tax deduction when buying an apartment for pensioners

The exception is situations where government money was allocated for the purchase of housing and the serviceman did not spend his savings. If he had to pay extra, then a tax deduction is applied for this amount.

• up to 260 thousand rubles. funds are returned if the cost of the purchased housing according to the purchase and sale agreement does not exceed 2 million rubles;
• up to 390 thousand rubles. funds are returned if the cost of the purchased housing according to the loan or mortgage agreement does not exceed 3 million rubles.

15 Sep 2020 uristland 113
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