Buying any property, including apartments, involves high costs. The owner can return 13% of the cost of housing. This right is governed by applicable tax laws. Every citizen can take this opportunity.
Under what circumstances is it possible to return 13 percent of the purchase of an apartment?
Refund of tax deduction from the purchase of an apartment can be received by any citizen of our country once. This right is secured by 220 articles of the Tax Code of the Russian Federation. But you need to keep in mind several conditions.
The maximum possible amount with which you can return 13 percent of the purchase of an apartment is 2,000,000 rubles. That is, you can get back only a maximum of 260 thousand. This can be done in a three-year period from the date of purchase of the apartment.
At the time of filing an application with the territorial tax authority, the owner must have official employment. It is important that all necessary deductions are made from his salary. The amount of tax deduction directly depends on the size of official income.
An unemployed or employed informally is not entitled to a return of 13%. Pensioners and those on maternity leave are deprived of this right. But if the owner officially gets a job within a three-year period from the moment of conclusion of the transaction, a return of 13 percent of the purchase of an apartment is possible.
The contract for the sale of the property must be registered through Rosreestr. It is necessary to have a certificate from the registration chamber of ownership.
Required documents
To make a refund of 13 percent of the purchase of an apartment, you need to provide to the tax office:
- owner's passport;
- apartment purchase agreement;
- certificate of ownership ;
- documents confirming payment (checks, statements, receipts);
- certificate in the form 2NDFL from the employer;
- completed declaration of form 3NDFL;
- income tax return application;
- bank account number for cash accruals.
In addition to the originals of these documents, you may need to copy them. The nuances of filling out a declaration can be clarified by the tax office.
When to file a tax return?
The application must be made within a specified time. As a rule, the declaration is submitted before April 1 of the year following the purchase. However, legislation allows this to be done over a three-year period.
How to return the tax when buying an apartment on a home loan?
If real estate is acquired through mortgage lending, income tax can also be returned. In this case, the procedure is the same as when buying without credit. But the package of documents is different.
The department of the Federal Tax Service must provide an agreement with the bank on the provision of a housing loan. It indicates the contact details of the buyer, credit conditions. From the bank you also need to take a certificate of interest paid and documents confirming payment. 3NDFL indicates that the owner expresses a desire to return 13% of the money paid on a housing loan.
Tax refund on the sale of an apartment
In order to buy new real estate, often people are faced with the fact that you need to sell the old housing. There are also some nuances here.
If the apartment has been owned for more than 3 years, no income tax will be charged on the sale.
If the property is owned less than 3 years, then the seller loses 13%. But large losses can be avoided in three ways:
- sell the apartment at the same price for which it was purchased;
- pay 13% of the total cost, while 1,000,000 will not be taxed;
- sell housing and buy new, that is, take advantage of netting.
In real estate practice, there are frequent cases when the real value of the property is greatly underestimated so that the former owners are exempt from paying property tax. Such actions are illegal, but from a legal point of view everything is drawn up correctly.
What else is important to know?
As a rule, when collecting all the necessary documents, the tax office has no reason to refuse to return 13 percent of the purchase of an apartment. A refusal is possible if the property was purchased with the money of the enterprise or from the state or local budget. Also, if an apartment is bought between relatives, a 13 percent return is not possible.
Each citizen can receive a deduction only once in a lifetime. At the same time, it is very important to consider who the property is being registered for. So, if the owner is one member of the family, then the deduction is returned only to him. If there are several, then the deduction will be made in proportion to the ownership shares. In this case, the right to file a tax return is repeatedly lost by all owners.
A law has recently entered into force, according to which a return is possible from 2,000,000 even when several real estate properties were bought.
When buying a home, you should register it as soon as possible with the territorial office of the Federal Tax Service. How can I return 13 percent of the purchase of an apartment? This is pretty easy to do. To do this, transfer the required documents to the department of the Federal Tax Service. It is worth remembering that the tax deduction is refunded in proportion to the income tax paid by the owner of the income tax. The refund procedure may take several years until the full amount due is paid. The maximum amount that a citizen can apply for when returning income tax is 260,000 rubles.