How to get 13 percent from buying an apartment? Return of 13% from the purchase of an apartment

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

Residential real estate market, like a living organism, is constantly in flux. People have been selling and buying homes at all times. Today, Russian legislation establishes the possibility of returning the share of funds spent on the purchase of housing - apartments, houses, rooms and other objects.

Let's talk about which categories of taxpayers are eligible for a refund and how to implement a tax refund on the purchase of an apartment in practice.

Who is eligible to issue a refund

According to the rules established by law, only a working individual who receives wages and transfers personal income tax from the total amount of accrued income has the right to return part of the money paid for residential real estate. This right is defined by Art. 220 of the Tax Code of the Russian Federation. In short, only the payer of income tax can issue a refund. A similar deduction inThe Tax Code of the Russian Federation is called property, it is possible only from the amount of the transferred tax. If the tax was not received by the budget, that is, the person did not work or worked unofficially, then the right to a refund does not come. So the legal perk that comes with taking a step like buying an apartment is getting 13 percent of the costs incurred.

There are limits on the amount of the purchase, which we will discuss later. You can get a deduction:

• homeowner or their legal spouses;

• one of the parents of the minor owner, if they have not previously received a deduction.

You can make a deduction only if you spend your own funds. If the purchase was made at the expense of the financial resources of the organization, budgets of various levels, maternity capital, then the right to reimbursement of costs does not arise. Now let's figure out how to get 13 percent from buying an apartment.

You can issue a property deduction when purchasing housing or a plot of land for its development, building a residential building, paying interest on a mortgage loan.

This exemption does not apply to the costs of redevelopment of premises, purchase of plumbing and other equipment. This is important to know, since mentioning these expenses in the declaration will lead to the refusal of the tax office to accept it and the subsequent return for reissuing the document.

What purchases are subject to VAT refunds

The definition of "object of purchase", appearing in legal documents, means the followingreal estate units:

• apartment, part of it, room;

• house, share in it;

• A piece of land that has the category of individual housing construction, i.e. suitable for individual development. In this case, it is possible to make a refund of 13% from the purchase of an apartment (house) from the year when the ownership of the erected building or a share in it is officially registered;

• a piece of land (share) with a building located on it.

Calculation of property deduction

The amount of the deduction is 13 percent from the purchase of an apartment. It may include not only the actual price of an apartment or house, but also the cost of construction and finishing, payment for project development services, connection to energy resources and communications.

In addition, the tax deduction applies to the repayment of mortgage interest. Refund limits are also legally established. The maximum are:

• 2 million rubles from the acquired cost of housing, ie the ability to reimburse costs in the amount of 260 thousand rubles. (13% of 2 million);

• 3 million rubles. from the payment of interest on the mortgage, i.e. 390 thousand rubles. (13% of 3 million).

It is important to remember: if the cost of the apartment is below 2 million rubles, then the buyer has the right to use the balance in future acquisitions of real estate. A similar rule applies to the purchase of property from the beginning of 2014. Previously, the calculation algorithm was applied according to other rules: it was possible to receive a deduction only for one purchase (even if the cost of housing was significantly lower than 2 million rubles), and forThere was no cap on the mortgage deductible.

Therefore, when purchasing housing in installments, it is necessary to take into account the peculiarities of the possibility of obtaining the right to a deduction, because if it arises before 2014, documents for reimbursement of expenses should be submitted after the full cost or part of it, equal to 2 million rubles, has been paid, because this can only be done on one object.

For what period is it possible to receive a deduction for housing purchased in 2015?

The possibility of reimbursement of part of the costs of purchased real estate comes from the year of registration of a certificate of ownership (if the transaction is formalized by a contract of sale), or an act of transfer of property with equity participation in the construction of a house.

For example, by purchasing housing in 2015, the taxpayer from the next year, 2016, draws up a package of relevant documents confirming the purchase and, with the approval of the IFTS, acquires the right to a personal income tax refund in the amount of 13% of the cost of housing with established restrictions. The taxpayer can issue a tax refund over the next three years, the pensioner - four years (2016, 2017, 2018, 2019).

Features taken into account when making a deduction

Let's consider how to return 13 percent from the purchase of an apartment. It is important to remember: it is impossible to return for one year the amount of the deduction more than the amount of personal income tax withheld for the year. The remaining part of the funds is transferred to the following periods, i.e. the refund is made until the full reimbursement of the deduction.

Howget 13 percent from the purchase of an apartment: basic steps

The right to return comes after the apartment (or other housing) is purchased and owned.

To issue it, you should:

• Confirm the fact of purchase and payment of personal income tax in the tax period;

• draw up a tax return and submit it to the territorial inspection of the Federal Tax Service.

Confirmation of the transfer of tax amounts is the certificate of the f-we No. 2-NDFL, which, at the request of the employee, will be issued by the accounting department. This document must be signed by the head and chief accountant, and also certified by the seal of the organization. Declaration f. 3-NDFL is filled out according to the current standard form. Note that there are many Internet portals whose specialists will take over the preparation of the declaration, but it is not difficult to cope with filling out the form on your own.

Basic documents required for submission to the IFTS

Let's figure out how to get 13 percent of the purchase of an apartment, and start collecting the necessary documents. Some of them are common. And upon the occurrence of the right to a deduction, the taxpayer collects a package for submission to the IFTS, which includes:

• reference f. 2-NDFL;

• ID card;

• declaration f. 3-NDFL;

• application for deduction.

Additional documents

The package described above are documents common to all purchases.

Depending on the conditions of purchase, it is sometimes necessary to supplement it with other essential information, such as:

• sales contract;

• share agreement in the construction of a house, assignment of the right to claim;

• land purchase agreement;

• contract for the purchase of property in a mortgage.

The acquisition of housing in shared ownership is accompanied by a statement on the distribution of the deduction. Married buyers with minor children, when purchasing housing in joint ownership, also provide documents related to the common package:

• marriage certificate;

• share distribution statement;

• birth certificate of children;

• title deeds.

For a pensioner purchasing real estate, a pension certificate is required.

Methods of obtaining a deduction for purchased housing

There are two ways to apply for a property deduction:

• at the nearest IFTS;

• through employer.

To issue a refund of 13% from the purchase of an apartment, the tax office at the beginning of the year following the year of purchase is provided with the appropriate package of documents, which was discussed above. After checking the documents, the IFTS provides the taxpayer with a deduction in the amount of personal income tax paid for the year of purchase. The rest of the deduction is made out in the same manner next year. If necessary, if after the second year the deduction balance remains again, the paperwork is repeated again.

Return 13% of the purchaseapartments can be through the employer. In this case, having submitted documents to the tax office and having received permission, the taxpayer applies to the employer, who, on this basis, gives an order not to withhold income tax from the employee from the month of receipt of confirmation until the end of the current year. The right to deduct next year is confirmed again.

Which method is more beneficial for the payer?

Let's figure out how to return the 13% tax on the purchase of an apartment in the most convenient way. Making a property deduction through the IFTS is preferable, since when tax is reimbursed by the employer, the right to deduct arises from the month of confirmation, that is, one month will be lost without fail, because it is unrealistic to collect documents, transfer them to the IFTS and get permission in January. The Tax Inspectorate has been given the right to consider documents within a month, i.e., the nearest time for obtaining permission is mid-late February. If you decide to return the deduction for the months not included in the calculation, you will have to re-register the 3-NDFL declaration for the past year at the beginning of next year.

Several important points for the taxpayer:

• The month of purchase does not matter, as the amount of tax paid is taken into account for the entire year;

• reference f. 2-NDFL must be ordered at the beginning of the next year, and not at the end of December of the year when the purchase took place (the 2-NDFL certificate received at the beginning of the year contains information about tax deductions in full).

So, having considered in the article the question of howget 13 percent off the purchase of an apartment, we hope that the main points are clarified.