Property tax credit when buying an apartment: conditions, documents, receipt

Buying an apartment is expensive. Many citizens purchase housing in a mortgage. The state provides a number of measures to support the Russians, who have acquired property in their possession. One of the most popular is the possibility of using a property tax deduction. What are the features of its design? How big can the payout be?

The essence of the residue

What is a property tax deduction when buying an apartment? Citizens of the Russian Federation who purchase residential property at their own expense have the right to return 13% of the costs associated with the acquisition of housing. However, to realize this possibility is permissible only if the citizen pays the state personal income tax, which is equal to 13% of the salary or other source of income. With the appropriate deductions and formed part of the cost of the purchase of an apartment. Thus, the payments in question are referred to as "tax".

Costs to be compensated

Buying an apartment can be accompanied by some associated costs. Such as, for example, purchase of building materials and finishing elements for repair, payment of specialists of the appropriate profile. Actually, these two types of expenses, along with those that reflect the amount paid for the apartment, can also be included in the tax deduction.

In some cases, it is also possible to expect compensation for costs associated with the acquisition of a land plot for individual construction. The property tax deduction when buying an apartment extends also to the costs of paying interest to a bank on a mortgage. The main amount of debt is included in the cost of housing.

The right of only citizens

With what is a tax deduction when buying an apartment, we got acquainted. Only whether citizens who are natural persons can exercise the right to this kind of compensation? Yes it is. Recipients of a refund are only physical persons. Personal income tax is the only type of tax that is taken into account when calculating the corresponding payments. For example, the refund of VAT when buying an apartment in favor of the organization is impossible. Moreover, the flat on which the deduction is drawn should be located on the territory of Russia. Also note that the right to return personal income tax is only tax residents of the Russian Federation. That is, those citizens who live in Russia more days a year than abroad. If a person has the status of a non-resident, then the tax that he pays is 30%.

So, VAT refunds when buying an apartment and drawing up a deduction for citizens who live abroad for the most part of time are legally impossible. But this is far from all the legislative nuances concerning the realization of the rights of Russians to the corresponding privilege in the acquisition of housing. Let us consider other noteworthy aspects. For example, those relating to determining the size of the deduction, based on recent changes in the Tax Code.

The amount of deduction and legislative nuances

How big can there be a property deduction when buying an apartment? To answer this question is very correct, we have to study some nuances of the legislation. The fact is that until 01.01.2014, there were only rules for calculating the amount of deduction, after - some other. The changes are related to the adjustment of certain provisions of the Tax Code.

Within the framework of the relevant legislative reform, it was determined that the maximum amount of a deduction could be 13% of the amount of 2 million rubles spent during the acquisition of one or more real estate objects (including repair and land). As for interest on mortgages, the maximum return on them after the reform is 13% of the 3 million rubles paid to the bank.

What was before the changes in the Tax Code? The main amount reflecting the cost of housing was the same - 2 million. But to get 13% of it in full, that is 260 thousand rubles, it was possible for only one property. At the same time, if the price of an apartment or a house was less than 2 million, then 13% of the difference between this figure and the legislative maximum could not be obtained. Regarding interest, however, no restrictions were imposed on the amount.

How do the two "regimes" relate, within the framework of which the property tax deduction is regulated when buying an apartment? Does the law have a retroactive effect in this case? It all depends on when exactly the person for the first time designed the deduction for himself when buying an apartment.

If he did this before the amendments to the RF Tax Code come into force, then the rules in force before his reforms apply to his case. That is, he can return a maximum of 13% of 2 million rubles from the cost of buying only one property and repair, if they are respectively equal to this amount or more. At the same time, he will be able to repay from the interest paid on the mortgage as much as they "run up" - there is no upper limit here. While a person directs a payment for a loan to a bank, he can receive a deduction calculated on the basis of the corresponding sums.

If a person first applied to the Federal Tax Service in order to draw a deduction when buying an apartment after 01/01/2014, then in the case of his case, the new wording of the law will be applied. That is, he is entitled to a deduction of 13% of 2 million - from the cost of buying one or more real estate objects, from 3 million - on mortgage interest.

Thus, the term of housing purchase - before the reform or after - does not matter. Most importantly, when a person applied for the first deduction. Now, in fact, how to do it in practice - apply to the Federal Tax Service for appropriate compensation.

Order of treatment after deduction

Property tax credit when buying an apartment, as a rule, is not paid at a time. Compensation is calculated once a year - in proportion to the value of personal income tax, which was paid by a citizen to the treasury for a tax year. Theoretically, of course, a full-sized return of the prescribed part of the costs is possible, but only if the deductions of personal income tax on wages or other income are equal to or exceeded 260 thousand rubles. If a tax deduction is made when buying an apartment in a mortgage and it is a matter of interest, the calculation of the amounts to be returned is carried out on a similar principle - the amount of payments to the bank for the year is summarized.

So, the calculation of the amount for payment when applying to the Federal Tax Service is based on the following criteria: addition of deductions in the personal income tax and the bank on interest for the year preceding the one in which the citizen applies to the Federal Tax Service. Apply for a refund when buying an apartment can be any day. There is a version that it should be done before April 30, but it is not. This date is the deadline by which the employer must submit to the FNS information on the taxes paid for its employees. For the citizens themselves, in the general case, there are no similar obligations. In the Federal Tax Service you need to bring a set of several documents. Which ones?

Documentation

First of all, this is a tax declaration, drawn up in the form of 3-NDFL. You can ask for it in the accounting department of the employer company. There is another similar document - a certificate of 2-NDFL, it reflects the salary for the year. It also needs to be invested in a common set of papers for drawing up a deduction.

The Federal Tax Service will need documents that confirm the citizen's right to housing. You will also need a contract of sale for an apartment, or an agreement on equity participation in construction (if the house is still being built). If the new building is commissioned, an act of acceptance and transfer of the finished housing will also be required. Although some experts believe that the Federal Tax Service should not require the last document simultaneously with the contract of sale or on the "share". Much at the same time depends on the policy of specific territorial departments of the Federal Tax Service.

We have listed the documents that reflect the ownership of the apartment to the owner. But a tax refund when buying an apartment is a financial transaction. The Federal Tax Service will require you to provide payment documents, which will reflect the amount of expenses. This can be bank statements, receipts, checks, certificates, etc., in some cases - a receipt from the seller that he received such a sum of money. If a tax deduction is made when buying an apartment in a mortgage, the Federal Tax Service will request a loan agreement with the bank. The requisites for which the FTS will transfer the deduction will also be required.

Having prepared all these documents, you need to take a passport and visit the territorial department of the tax service. There, experts of the Federal Tax Service will issue a statement, which is to be filled in and attached to the remaining securities. Part of the information can be transferred to the Federal Tax Service through the portal "Gosusluhi.Ru", but the procedure of electronic interaction of the department with citizens is not so debugged - you still have to make an "offline" visit to the structure. Having given documents, it is possible to wait, while the deduction at purchase of an apartment will be transferred to the specified bank requisites. The timeframe during which the FTS should implement the relevant banking transaction is no more than 3 months from the date of receipt of the application.

Alternative scenario

There is another alternative, with which you can draw up a property tax deduction when buying an apartment. We have already said that the corresponding right arises from the citizen due to the payment of personal income tax from the salary and other income. But the law allows an alternative to the return of personal income tax on a deduction - not to pay this tax. That is, the employer simply will not keep it, calculating the salary. In order to use this mechanism, you need to contact the Federal Tax Service, request a document there, reflecting the right to deduct, and bring it to the accounting department. True, you can take it only once a year. And if a person changes jobs, then this operation will not be carried out again. However, if a citizen is employed in several places, personal income tax can not be paid on everyone. Non-payment of payroll tax can last until the amount of deduction reaches 260 thousand rubles, based on the amount spent on the apartment, or threshold values (if the application is filed before 01/01/2014) for credit interest. This option is also applicable if we make out a property tax deduction when buying an apartment in a mortgage. The documents are the same as in the first scenario.

Note that the receipt of compensation from the Federal Tax Service in the framework of this scheme implies non-payment of personal income tax only on current labor compensation. If a person has "unrealized" deductions in the past, you will have to act within the first option.

Statute of limitations for a deduction

There are no restrictions as to when to apply for a tax deduction. It does not matter how long the apartment was purchased. At the same time, personal income tax paid from income is recorded only for three years, which precede when a person applies for a deduction to the Federal Tax Service.

Deduction - only for personal expenses

The right to a deduction when buying an apartment from a citizen arises only if the house is purchased by him for personal funds. You can not return personal income tax under this mechanism if the apartment was donated by someone or bought for a subsidy from the state or from the employer. Documents submitted to the Federal Tax Service, should unequivocally confirm the fact that the costs associated with the purchase of housing, the citizen made himself.

Perhaps, of course, that part of the cost of buying an apartment or a house a person took over, but at the same time used state support. In this case, the calculation of the deduction is carried out, based on the amounts that the citizen spends personally. In practice, such a scenario is possible if the payment of an apartment in certain proportions was carried out at the expense of maternity capital. In this case, the amount received from the state is deducted from the total, which reflects the cost of purchasing housing. As a result, you will get a base for calculating the financial deduction.

Apartment in a newly built house

What nuances include the tax deduction when buying an apartment in a newly built house? The main difficulty here - some types of contracts for shared construction are designed so that the citizen until the moment the real estate object is handed over, is by status a co-investor, but not the owner of the object.

The act of receiving and transferring the finished housing, until the house is completed, the contractor will most likely not issue it. In order to be able to make a tax deduction when buying an apartment, the documents must confirm the ownership. Without them, the Federal Tax Service will not be entitled to facilitate the realization of the corresponding privilege by the citizen.

Deduction and Mortgages

What are the characteristics of a tax deduction when buying an apartment in a mortgage, not counting those that we mentioned above? The key nuances in this case concern the collection of documents. The first thing the Federal Tax Service will require is a loan agreement. Next - sources of payment nature. To confirm the amount of mortgage payments that were made during the year, a citizen should apply to the bank with a request to receive an extract in which payments for the principal and interest should be separately reflected. These are the main ones that are needed to make a tax deduction when buying an apartment in a mortgage, documents.

There are a number of nuances. It deals with the criteria for the loan agreement, on the basis of which a property tax deduction is drawn up when buying an apartment in a mortgage. Does the bank in which the citizen took the loan matter? Experts believe that no. Moreover, a loan can be issued in a non-bank financial institution. The most important thing is that it has a designated purpose. That is, the contract with the bank should indicate that the person undertakes to send borrowed funds for the purchase of such or such an apartment, or at home or build them (or make repairs).

Is it possible for a person to file a tax deduction solely on the basis of interest on a mortgage? That is, for example, in cases where he still does not have the act of receiving and passing an apartment and other necessary documents that officially confirm the right of ownership? Experts believe that such practice is impossible. Moreover, when a person submits an application for a deduction to the Federal Tax Service, payments are calculated on the basis of expenses for buying an apartment and repairing as a matter of priority. As soon as 13% of 2 million or the amount that reflects the corresponding costs is transferred to the citizen, only after that mortgage interest is taken into account.

Joint and shared ownership

In some cases, people buy housing on the rights of shared (or joint) property. In this case, the citizen retains the right to receive a deduction. But the "formulas" of its calculation will depend on the type of relationship that takes place - yet it is equity or specifically joint property. In the first case, the financial base for calculating the returns of personal income tax will be proportional to the share of ownership. That is, say, if an apartment is worth 3.5 million rubles, and a person owns 20% of it, the Federal Tax Service will calculate a deduction of 13% of 700 thousand rubles.

If the property is joint, then the owners will have to agree on the distribution of the amount of the financial base for deduction, and also formalize their compromise formally, by submitting an appropriate application to the Federal Tax Service. It is possible that it will not be possible to reach an agreement, in which case the court can establish justice. Note that with share ownership somehow redistribute the financial base for a deduction is impossible.

Tax deduction for pensioners

In a number of cases, the question arises as to how a tax deduction is made when buying an apartment by a pensioner. According to what norms is the interaction with the Federal Tax Service in this scenario? The fact is that from a pension, a person does not pay personal income tax. And if it is the only source of income for a citizen, there are no grounds for obtaining a deduction in the general case. But there are possible options in which you can still count on some compensation for the costs of buying a home. Which of them are the most likely?

• The first option is that the pensioner works in parallel. In this case, he has the legal right to fully realize the corresponding right to a deduction in the framework of all the procedures that we described above.
• The second option is that the pensioner made transactions, within which the state must pay a personal income tax of 13%. It may be, as an option, the sale of other real estate. And in this case, the right to deduct the purchased apartment and the obligation to pay tax on the sold can be mutually compensated.
• The third option assumes that the pensioner has already paid some taxes for three years, which precede when he applied for a deduction. In this case, the FTS can calculate the compensation on the basis of the amounts listed in the treasury under the PIT for previous years. A similar rule applies if a pensioner worked - you can deduct deductions for personal income tax for the three previous years.

Deduction for those who do not pay personal income tax

There are, among other things, other categories of persons who have income, but do not pay tax on it, and therefore can not claim a tax deduction. For example, they may be individual entrepreneurs, business owners who are not registered in any position, students who receive a scholarship. In addition, the deduction is not due to those citizens who receive a salary "in the envelope." At the same time, the same rules apply to them as we noted above - if there was work or other income three years before the application was filed with the FTS, the personal income tax will be deducted in relation to the amounts paid. The same laws, by the way, are relevant for citizens who are considered unemployed.