Compensation for buying an apartment. How to get a tax deduction for buying an apartment?

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

To buy any apartment, you need to spend quite a lot of money. For this, personal savings of buyers or borrowed money can be used, for which a mortgage is issued. At the same time, the state offers special compensation for the purchase of an apartment. In another way, it is called a property deduction, and it is paid exclusively to people who have an official salary. The benefit is represented by the return of personal income tax, which was paid for the buyer by his employer within one year.

Concept of benefits

A property deduction can be issued when buying not only an apartment, but also other significant property, represented by a piece of land, a house or a room. The process of registration of compensation for the purchase of an apartment is regulated by art. 220 NK. Its main purpose is the ability to buy a home, as well as use a certain amount to pay off a mortgage or improve real estate.

The benefit is paid only on the condition that the buyer works officially,Therefore, the employer pays personal income tax for him. In this case, you can count on a return of 13% of the value of the property. But at the same time, there are some limits, so it is impossible to get more than 260 thousand rubles.

When issued?

Apartment tax credit is considered an important perk for every homebuyer. It can be issued at the tax office, and each person can come to the employer with the necessary package of documents to apply for benefits.

Deduction is only available for the following types of costs:

• buying or building a home;
• acquisition of a plot of land, which is then used to build a house;
• mortgage interest payments;
• furnishing or repairing residential premises, but such expenses are compensated only on the condition that the sale of the property without repair is directly indicated in the contract, since cosmetic restoration is not refundable.

In order to receive compensation after buying an apartment, you need to prepare certain documentation confirming the existence of official and eligible expenses.

When not appointed?

The benefit cannot be obtained if the transaction is carried out between related parties. They are represented by relatives, spouses, as well as employers and employees. Therefore, if it turns out that taxpayers tried to deceive the employees of the Federal Tax Service in order to use the refund without legal grounds, thenyou will have to return all previously received funds, as well as pay a fine.

Additionally, compensation has a limited amount, so if the limit is exhausted, it will be impossible to apply to the Federal Tax Service again.

Amount of benefit

Personal income tax compensation when buying an apartment has a limited amount. Therefore, each taxpayer should take into account the following points:

• 13% of the value of the object is returned;
• the maximum you can get is 13% of 2 million rubles, so even if the property costs more than 2 million rubles, only 260 thousand rubles are issued, after which the refund is considered fully used;
• if the apartment costs about 1 million rubles, then only half of the benefit is returned, so on subsequent purchases you can apply for the rest of the compensation;
• in addition, you can issue a refund for mortgage interest if housing was purchased with the simultaneous execution of a large loan, and for this benefit, the maximum amount with which 13% is calculated is 3 million rubles;
• annually you can only receive an amount equal to the amount of funds paid for the last year as personal income tax, and you can find out this information when contacting your employer and upon receiving a 2-personal income tax certificate.

If a home is bought by more than one person, they can determine how the refund will be divided. For this, a special application is usually drawn up, which indicates the share of each person. If such a statementis missing, then each buyer can receive compensation for the purchase of an apartment based on their share, recorded in Rosreestr.

Design methods

Each taxpayer should figure out how to get compensation for buying an apartment so that there are no difficulties with obtaining this benefit. To receive money from the state, you can use the following methods:

• Drawing up an application and collecting the necessary documentation for direct contact with the department of the Federal Tax Service. In this case, you will have to contact this organization annually until the deduction is completely exhausted. Funds are transferred to the bank account, the details of which are prescribed in the application. The advantage of this method is that tax compensation when buying an apartment is issued annually in the form of a large amount of funds. It is represented by personal income tax paid for the year of work of a citizen.
• Transfer of documentation to the employer. In this case, a person will not be able to count on receiving a large amount, since he will simply receive his salary in full, since personal income tax will not be charged from it. The procedure will be carried out until the benefit is exhausted. The advantage of the method is that it is not required to prepare documents for applying for benefits every year.

Each citizen decides for himself which method he will apply. The most frequently requested compensation for the purchase of an apartment directly in the department of the Federal Tax Service.

The nuances of applying to the tax office

It is relevant to contact exactlyThe Federal Tax Service, in order to annually receive a large amount of funds to the bank account, equal to the amount of personal income tax for one year of work. How to get compensation for buying an apartment? To do this, the following actions are implemented:

• the necessary documentation for the deduction is initially prepared;
• documents with the application are transferred to the representative of the Federal Tax Service at the location of the property;
• documentation is reviewed within three months;
• if there are no problems and violations, then within one more month the funds are transferred to the account specified in the application.

All documents can be prepared independently, and even filling out the 3-NDFL declaration is considered a simple process. If you turn to lawyers for help, the necessary papers will be ready within 5 minutes, but such services are paid.

What documents do I need?

It is important to prepare certain papers to receive compensation for the purchase of an apartment. What documents will be needed? The following documentation should be submitted to the FTS department:

• Declaration 3-personal income tax, containing information about the amount of earnings of a citizen, tax paid and correctly calculated deduction;
• certificates from all places of employment, drawn up in the form of 2-personal income tax;
• copy of applicant's passport;
• documentation proving the cost of purchasing any property;
• a statement in the form of a service, which indicates a request to apply for a benefit, as well as bank account details,to which funds will be transferred.

Preparing documents is quite simple, so it is usually not difficult to receive compensation on your own.

Rules for contacting an employer

How to return a tax deduction for the purchase of an apartment through the head of the company in which the buyer works? To do this, the following actions are performed:

• first you need to take a certificate from the Federal Tax Service stating that the citizen is really en titled to compensation, therefore, an application of the appropriate form and title documentation for the apartment are sent to the service department;
• the certificate received from the Federal Tax Service, along with the application, is transferred to the accounting department of the company where the taxpayer works;
• documentation is recorded by an accountant, after which from next month the citizen will be paid his full salary, from which personal income tax is not charged.

A feature of receiving a deduction through an employer is that you will have to prepare documentation only once, after which, for several years, a citizen will receive a salary without accruing personal income tax until all compensation is used. If you understand how you can receive compensation for the purchase of an apartment, then it is easy to make a decision on how the procedure will be carried out.

When are documents submitted to the Federal Tax Service?

If the taxpayer wishes to receive a deduction through the branch of the Federal Tax Service, then the following nuances are taken into account:

• documents should be submitted to the Federal Tax Service at the beginningeach year to return the personal income tax paid for the last year of work;
• a citizen must have title documents for real estate;
• it is allowed to apply for a benefit even when buying a home on the basis of DDU;
• there are no deadlines for submitting documentation, so it can be prepared at any time;
• you can skip three years to request a refund for this time period;
• You can request compensation for several years until the benefit is completely exhausted.

Any real estate buyer should understand how to get a tax deduction for buying an apartment. The maximum time spent on the process of obtaining compensation is 4 months.

Documentation Review Rules

The papers submitted to the Federal Tax Service are subjected to a thorough check. The task of tax inspectors is to study the content of the papers, since it is important to make sure that it is not a fraudster who applies for such a benefit, but a person who is really en titled to compensation.

Verification takes a maximum of 3 months. After that, within another month, money is transferred to the citizen's bank account. If there are reasons for refusal, then the applicant will have to correct them. Usually the refusal is due to errors in the 3-NDFL declaration or application. Additionally, a negative decision is made in the absence of the necessary documents.

You can find out about the status of the application directly on the website of the Federal Tax Service or on the State Services portal.

Features for non-working orpensioners

This benefit is represented by a personal income tax refund, so if a person who is a buyer of real estate does not have an official job, therefore personal income tax is not paid to the budget for him, then he will not be able to receive a deduction.

Compensation is not issued for non-working citizens or individual entrepreneurs working under simplified taxation regimes. Pensioners can be paid compensation when buying an apartment, but subject to the following rules:

• if a person continues to work in retirement, he can apply for a refund, since the employer pays personal income tax for him;
• a pensioner can request a refund for the last three years during which he officially worked, but for this he will have to contact his former employer to obtain a 2-personal income tax certificate for this period of time.

Personal income tax is not paid from the pension, so if the buyer of an apartment receives any payment from the state, he will not be able to apply for a benefit.

Can compensation be reissued?

You can issue compensation for a maximum of 260 thousand rubles, so if an apartment bought by a citizen costs less than 2 million rubles, then there is still some amount of funds that can be requested when re-purchasing real estate.

For example, a man buys a room in a communal apartment for 1.2 million rubles. He receives a deduction for such an acquisition in the amount of 156 thousand rubles. After 5 years, he buys a house, the cost of which is 3 million rubles. He has the opportunity to receive only 104 thousand rubles as a return.

The process of issuing a seconddeduction is performed in the standard way.

Specificity when buying real estate by several people

Often the buyers of an apartment are spouses or close relatives, so they receive a certain share in this property. How to get tax compensation for the purchase of an apartment in this case? To do this, the nuances are taken into account:

• if the apartment is divided between buyers into certain shares, then you can get a deduction based on the existing part, which is recorded in Rosreestr;
• citizens who are spouses can draw up a special application, on the basis of which they independently determine who exactly can apply for a full benefit;
• It is advisable to issue compensation to the homeowner who is officially employed and also receives a good income in order to quickly receive the entire benefit.

If only a man works in the family, then it is he who can receive the entire deduction. An application for the distribution of benefits must be made by both owners of the apartment.

Features of buying a home with a mortgage

It is possible to receive two compensations when buying an apartment on a mortgage. The first is the standard deduction paid on the purchase of any property. The second benefit is calculated on the interest that the buyer is forced to pay to the bank where the mortgage was issued. The features of obtaining such benefits include:

• returns 13% of 3 million rubles, so you can get up to 390 thousand rubles;
• a feature of such compensation is that the balance cannot be transferred to other real estate purchases, even if the mortgage is re-applied;
• Initially, it is advisable to issue a standard benefit, and after it has been exhausted, an application is submitted to the Federal Tax Service for interest compensation;
• to issue such a return, a standard package of documents and a well-written application are required.

Due to the receipt of the second type of compensation, the financial burden on borrowers is significantly reduced. This is due to the fact that if the cost of housing exceeds 2 million rubles, and more than 3 million rubles are also paid. as interest on a mortgage, then a total amount of 650 thousand rubles can be returned from the state, which is considered a significant indicator.

Other important details

There are other important points to consider when making the compensation assigned to each real estate buyer. These include:

• you can apply to the Federal Tax Service for several years in a row, which allows you to completely exhaust the existing limit;
• if a person does not have official earnings, then he will not be able to use the return;
• it is allowed to apply even if the apartment was purchased several years ago, and under such conditions, you can request a benefit for three years at once;
• you can start applying to the Federal Tax Service from next year after the citizen gets a job;
• when calculating the deduction, otherofficial sources of income from which a person pays personal income tax.

If you understand the rules for obtaining such compensation, it will not be difficult to independently prepare the necessary documentation and contact the department of the Federal Tax Service or the company where the taxpayer works.

Conclusion

Compensation assigned after the purchase of an apartment or other real estate is paid only to working citizens, for whom personal income tax is transferred annually to the state budget. The registration process can be performed at the tax office or at the person's place of employment.

To receive payment, you must prepare a certain package of documents. The benefit is limited and you can also get a second refund when purchasing a home through a mortgage loan.