Refund of personal income tax when purchasing real estate. Changes in tax legislation

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Published: 12/05/2017

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Real estate transactions occur through the transfer of large sums of money by the parties. The legislation provides not only for replenishing the budget from the profit received by the seller, but also for partial compensation to the buyer of the costs of purchasing housing.

• Tax deduction
• Tax deduction for an apartment sold shortly after purchase
• Selling a home after receiving a tax deduction

Tax deduction for shared ownership

Property deduction is money that can be received by a person who purchased real estate. Citizens of the Russian Federation are required to pay income tax. When purchasing housing in shared ownership, a person spends on the purchase part of the income from which payments were made to the treasury. To eliminate the resulting injustice, the government returns 13% of the purchase price.

A property deduction can be made not only when purchasing, but also when selling property. After all, selling real estate is a rather expensive procedure.

How to make an application

An application for a property deduction when purchasing an apartment is drawn up in any form in accordance with the canons for official documents.

It should contain :

1. name of the organization to which the applicant is applying (territorial division of the Federal Tax Service, employer, other agent);
2. Full name and code of the applicant;
3. the essence of the requirement is to apply the benefit, make a payment;
4. calculation of the deduction (can subsequently be adjusted by the enterprise’s accountant or an inspector of the Federal Tax Service without the participation of the applicant);
5. list of supporting documents.

Photocopies of the sales agreement, payment document or seller's receipt of funds should be attached. If the application is submitted to the tax authorities, an additional certificate from the employer, Form 2-NDFL, is provided.

Features of the distribution of the deduction amount when purchasing a home

To understand how the deduction amount will be distributed, you need to look at the date of purchase of the property. If the manipulation was committed before 2014, then the limit amount with which you can get a refund will be 2 million rubles. It is divided among all apartment owners depending on the size of the shares.

For example, 2 people purchased real estate. At the same time, the total cost of housing was 4,200,000 rubles. One of the owners owns 2/3 of the apartment, and the other – 1/3. To find out the amount of the deduction, you need to perform the following calculations:

• 2000 000: 2/3 = 1,333,333 rubles. – the amount with which the deduction will be provided to the first owner;
• 2000 000: 1/3 = 666 667 rub. – the amount with which the deduction will be provided to the second owner;
• 13% from RUB 1,333,333 = 173,333 rub. – the amount that the first owner will receive;
• 13% from 666667 rub. = 86,667 rub. – the amount that the 2nd owner will receive.

If the purchase was made after 01/01/2014, the nuances of calculating the deduction change. Now the benefit is tied not to the amount of 2 million rubles, but to each owner individually.

All persons involved in the purchase of an apartment must submit a declaration in which they must indicate the amount of money spent on the purchase. For example, the same 2 people bought an apartment at a price of 4,200,000 rubles, but the action took place after 2014. The size of the shares remained the same - 2/3 and 1/3. To determine the amount of the deduction, you will need to carry out the following calculations:

• 4200 000: 2/3 = 2 800 000 rub. – the amount of money that 1 person invested in the purchase of an apartment;
• 4200 00: 1/3 = 1,400,000 rub. – the amount of funds invested by 2 people;
• 13% from 2,000,000 rub. (maximum deduction amount) = 260,000 rubles. – the amount of deduction that 1 property owner will actually receive;
• 13% from 1,400,000 rub. = 182,000 rub. – the amount due to the 2nd owner of the property.

Important! The maximum deduction amount is 2,000,000 . But the value is used in calculations if a person actually spent that amount. So, if the owners from the above example would spend a total of RUB 1,800,000. to purchase a home, then, when calculating the deduction, this amount would be used for both people.

“I bought a house 5 years ago—didn’t my tax deduction get lost?”

Tell me: has my tax deduction still expired if I purchased a two-room apartment in 2006? Is it possible to go to the tax office now to get a benefit and what will happen to me? Oleg “There are no rules on the “statute of limitations” for applying for a tax deduction in the legislation today. There are no rules on the “statute of limitations” for applying for a tax deduction in the legislation today, ” reassures Deputy Director of the Department of Tax and Customs Tariff Policy of the Ministry of Finance of the Russian Federation Sergei RAZGULIN . So, even if the apartment was purchased 5, 7 or 10 years ago, you can safely apply for tax breaks. But at the same time, take into account several important points: 1) You will be able to receive a tax deduction in exactly the amount that was established by law at the time your right to a tax benefit initially arose. In practice, as a rule, such a starting point is the date of registration of the purchase and sale of housing, and if we are talking about an apartment in a new building, then the date of execution of the transfer and acceptance certificate. So, in particular, the current size of the deduction - 2 million rubles - “shines” for those whose real estate purchase transaction was registered after January 1, 2008, or the transfer and acceptance certificate for shared participation in construction is dated no earlier than this day. 2) If you want to get real money in your hands, then the rule on a three-year period for the return of overpaid tax applies (Article 78 of the Tax Code of the Russian Federation). This means that during calculations, the tax deduction can be extended to your income for a maximum of the last three years preceding the year you applied for the benefit. Let's say, if now, in 2011, you go to apply for a deduction for an apartment purchased in 2005, then your income for 2010, 2009 and 2008 will be taken into account. For many, these were difficult times of crisis, when earnings fell and did not reach the maximum deduction amount - 2 million rubles. In this case, in order not to “split” the receipt of the deduction over a long period, you can use the second form of tax benefit - exemption from the 13% tax on your current salary. To do this, you need to draw up a special document at the tax office - a notice of the right to deduction, which is submitted to the employer’s accounting department. HELP "KP"

A tax deduction is an amount that is spent on the purchase of housing and is exempt from the 13 percent income tax. As a result, you either receive a tax refund - 13% of the amount paid for the apartment, but not more than 2 million rubles (the maximum deduction for today), or - at your choice - the 13% tax is no longer taken from your salary until it reaches the deduction amount.

You can ask your question about tax benefits when buying (selling) a home in the comments to this article.

Features of the distribution of the deduction amount when alienating an apartment

If the owner decides to sell property that has belonged to him for less than 3 years, then the profit received from the transaction is subject to personal income tax. To regulate the tax burden, a system of tax deductions is used. When selling a home, a person can reduce the amount of personal income tax in two ways - reduce income by the number of expenses or receive a property deduction. Read also the article: → “Tax deduction for the purchase of two apartments in 2020 + calculation examples and answers to questions.”

If an apartment has several owners, but it is sold as 1 object and 1 purchase and sale agreement is drawn up. The tax deduction is distributed among sellers in accordance with the size of their shares. The maximum amount subject to deduction when selling property cannot exceed 1 million rubles. If a person has sold several apartments in 1 year, then the limit does not increase.

FAQ

What are the statute of limitations for obtaining?

There is a common point of view that it is permissible to receive a property deduction by submitting the relevant documents to the Federal Tax Service no later than three years after purchasing housing. This is wrong.

A three-year statute of limitations is established only for social deductions.

Many citizens have the wrong associations. They believe that this rule is universal for all types of deductions, including property ones, for which no time limits are defined by law .

What types of property deductions are there?

Property tax deduction is one of many that are guaranteed by the laws of the Russian Federation. Let's consider what kind of payments we can talk about.

In accordance with the Tax Code of Russia, citizens of the country, along with a property tax deduction, are guaranteed standard and social types of payments. Let us briefly consider the essence of each of them.

A standard deduction is a fixed amount that is returned from tax payments (or is not withheld during their calculation) made by the following categories of citizens:

• disabled people from WWII and other military conflicts;
• participants in the liquidation of the consequences of the Chernobyl accident;
• heroes of the USSR and the Russian Federation; – disabled children of groups 1 and 2;
• parents;
• citizens whose income during the year did not exceed 40 thousand rubles.

The amounts of each deduction vary. The caveat is that they cannot be paid at the same time. If a person qualifies for more than one standard deduction, the larger amount is paid.

There are actually several social deductions. Its main types are for training, purchase of medicines, and charity. The formula for calculating each of them is the same. 13% of expenses are subject to refund, but no more than 13 thousand rubles will be paid (returned from the budget). total.

The procedure for filing a tax deduction for shared ownership

The procedure for applying for a deduction is not complicated. In order for the state to return part of the funds, it is necessary:

1. Fill out a tax return.
2. Get a 2-NDFL certificate.
3. Prepare a package of necessary documentation.
4. Submit documents to the tax service.

You can also receive retention through your employer. To do this, you will need to fill out an application, supplement it with the necessary documentation and send it to the tax authority.

The application is reviewed within 30 days. If all the paperwork is completed in accordance with the rules and the person is indeed entitled to a tax deduction, a corresponding notification is sent to the applicant’s employer. Having received the paper, the company stops withholding personal income tax from the employee’s wages. The privilege will be valid until the end of this year.

You can send a declaration to the tax service through the State Services portal. Using the service will significantly save time, but will not protect you from transferring paper versions of documents to the Federal Tax Service. If a person has previously submitted an electronic version of the declaration, he will be asked to visit the tax office. At the same time, you won’t have to stand in queues.

How is personal income tax refund processed?

Tax refunds are made in the following ways:

1. At the end of the year in which the transaction occurred, the individual submits the required package of documents to the Federal Tax Service at the place of registration, which are reviewed by the inspector within three months. Upon positive consideration, the Federal Tax Service transfers the tax that was withheld in the past year to the bank account specified in the application.
2. Immediately after obtaining ownership of the purchased housing, the individual submits a package of documents to the Federal Tax Service at the place of registration. Documents are verified within 30 days. After this, the individual is issued a Notice confirming his right to a personal income tax refund. It indicates the name of the employer. An individual provides this Notice to the accounting department of his organization. Starting from the month in which it was presented, personal income tax from the salary ceases to be withheld until full compensation. The notification must be received from the tax office annually and submitted to the accounting department until the personal income tax is fully refunded. If an individual works officially in several organizations, then he has the right to reimburse the tax from each employer.

Reimbursement of personal income tax to an individual for the past year is not greater than the amount of tax withheld from him. If the due tax refund amount exceeds the amount that was returned to him, then the balance due will be returned in subsequent years. To do this, after the end of each year, an individual must submit an income tax return to the Federal Tax Service until the tax is fully returned to him.

Documentation required to receive a tax deduction

To receive a tax deduction, a person will need to prepare a package of documents. The following papers will be required:

• passport;
• documents confirming the right of ownership of real estate;
• certificate 2-NDFL;
• declaration (form 3-NDFL);
• application written in free form ⊕ Sample application for receiving a property tax deduction in 2020.

The list may change. If the property was purchased with a mortgage, an additional loan agreement will be required. To find out the exact list of documents depending on the nuances of the situation, a person can contact representatives of the tax service and ask them questions.

Features of receiving a deduction

The nuances of returning part of the funds may vary depending on which category of citizens the owner of the share belongs to. In addition, the period of purchase of real estate also has an impact. If housing was purchased before 2014, the maximum deduction amount is divided between the owners of the apartment depending on the share, and if after 2014, actual expenses are taken into account. However, the limit still cannot exceed 2 million rubles.

Period during which the deduction will be transferred

The transfer of deductions does not occur immediately. Having received the declaration, tax specialists check it. 3 months are given to perform the manipulation. Federal Tax Service employees pay attention to the correctness of filling out the papers and whether the applicant has the right to receive a deduction.

The declaration is considered to have been verified if all the data is correct, the form of the document complies with legal requirements, and the taxpayer can actually claim a refund. From this moment on, the tax service is obliged to transfer the money to the applicant.

The legislation provides 1 month to complete the action. In total, the transfer of deductions takes 4 months.

Reasons for refusal to receive a deduction

It is not always possible to obtain a property deduction. In some situations, a request for a refund may be denied. The main reasons for the negative answer are hidden in the rules for providing money. The tax service will refuse to pay a deduction to a citizen if:

• he is not a personal income tax payer;
• the property was purchased with the help of subsidies;
• the applicant is a woman who is on maternity leave;
• the person did not provide all the necessary documents;
• construction of the property has not yet been completed;
• the apartment was purchased from a related party;
• the employer bought real estate for his employee;
• The applicant has already received a property deduction.

Most often, people who want to receive the deduction again receive a refusal. However, according to current legislation, you can only return the money spent on purchasing a home once. After receiving a deduction, the right to use the benefit is lost.