Legislation takes into account the nuances of various cases of transfer of rights to real estate. Accordingly, taxes are also paid on the type of transaction. If you are currently receiving a gift certificate for an apartment, a tax will be levied on you if you are presented with residential property. The tax rate is 13% of the total value of the gift.
If you decide to give the apartment to a close relative, namely a husband, wife, children, grandchildren, brothers or sisters, as well as grandparents, you will not have to pay the tax to either the donated person or the donee. Just keep in mind that in this case a deed of gift for an apartment, which is not taxed, must be confirmed by a document certifying consanguinity between the parties.
If you decide to sell the apartment, you need to pay tax to the state treasury, because the transfer of the right of the capital construction object, carried out through the sale, involves profit.
If you are listed as the owner of the apartment for more than 3 years, it is stipulated that you do not have to pay income tax on the sale of the apartment. In addition, if you are selling an apartment whose value does not exceed one million rubles, you also do not need to pay this tax payment.
Consider a situation where you simultaneously sell one apartment and immediately acquire a second. If the fact of transfer of rights is documented, a tax of 13% is taken from the difference in the costs of the sold and purchased apartments. For example, you sell housing, the value of which is indicated in the contract of sale and amounts to more than a million. At the same time you acquire an apartment, the cost of which is less than a million. In this case, 13% is paid of the amount equal to the sale value, minus one million rubles.
Similarly, the tax amount is calculated when selling a garden house and a room in a communal apartment.
In the case when a deed of gift for an apartment is drawn up, a tax is not levied from relatives, but when buying and selling, family ties are not taken into account.
If you decide to buy an apartment, you donโt have to worry about paying tax, because the income tax is not paid when a buyer purchases an apartment.
But you can return part of the money spent on the purchase of housing. To begin with, remember the main thing, all legal documents and supporting documents, especially in the case of buying an apartment in a new building on the terms of participation in the construction, should be in your hands as a leveler. You can apply for a tax deduction only when you pass the registration of the right and receive a certificate of state registration of the apartment.
The right to tax deduction is offered to citizens once in a lifetime. After completing all the necessary documents with the tax authority, after a while, the set amount will be transferred to you by bank transfer to a bank account.
However, it is worth noting that at the moment you will be able to return the established 13% of the purchase price of only more than two million rubles (the cost of purchased housing exceeds this amount).
To apply for the deduction, you need to provide a certificate of ownership, a document that is the basis for registration of the right, as well as an act of transfer of property from the seller to the buyer. In addition, from the place of work you will be asked for 2-personal income tax certificates confirming the payment of personal income tax by the employer.
In all cases of transferring the right, it does not matter whether it is a purchase or sale or a gift for an apartment, the tax must be paid on time, since failure to pay the statutory amount transferred to the state treasury is fraught with penalties. Everyone should remember that ignorance of the law does not relieve us of responsibility!