The residential real estate market, like a living organism, is constantly in intense traffic. People have been selling and buying housing at all times. Today, Russian legislation has established the possibility of repaying the share of financial resources spent on the purchase of housing - apartments, houses, rooms and other facilities.
Let's talk about which categories of taxpayers are entitled to a refund and how to practice the tax return from buying an apartment.
Who is entitled 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 is entitled to return part of the money paid for residential real estate. This right is determined by Art. 220 of the Tax Code. In a word, only a payer of income tax can issue a refund . A similar deduction in the Tax Code of the Russian Federation is called property, it is possible only from the amount of the transferred tax. If the tax has not been received in the budget, that is, the person did not work or worked informally, then the right to a refund does not occur. So, the legal benefit accompanying such a step as buying an apartment is to receive 13 percent of the costs incurred.
There are restrictions on the amount of the purchase, which we will consider later. Can receive a deduction:
• homeowner or their official spouses;
• one of the parents of the minor owner, if the deduction had not been made to them earlier.
You can apply for a deduction only if you spend your own funds. If the purchase is made at the expense of the organization’s financial resources, 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 the purchase of an apartment.
You can apply for a property deduction when purchasing a house or a plot of land for its development, building a house, paying off interest on a mortgage loan.
This benefit does not apply to the costs of redevelopment of premises, the acquisition of plumbing and other equipment. This is important to know, since the mention of these expenses in the declaration will lead to the refusal of the tax inspectorate to accept it and the subsequent return to reissue the document.
What acquisitions is personal income tax refunded
Under the definition of "purchase object" appearing in legal documents, the following units of real estate are understood:
• apartment, its part, room;
• house, share in it;
• a plot of land having the category of individual housing construction, that is, suitable for individual development. In this case, you can return 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 on it.
Calculation of property deduction
The deduction amount is 13 percent from the purchase of an apartment. It may include not only the price of the apartment or house itself, but also the costs of erection and decoration, payment of services for the development of the project, connection to energy resources and communications.
In addition, a
tax deduction applies to the repayment of interest on a mortgage. Legislatively established restrictions on the amount of return. The maximum are:
• 2 million rubles from the acquired cost of housing, that is, the ability to recover costs in the amount of 260 thousand rubles. (13% of 2 million);
• 3 million rubles. from payment of interest on a mortgage, i.e. 390 thousand rubles. (13% of 3 million).
It is important to remember: if the cost of an 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. Earlier, the calculation algorithm was used according to other rules: it was possible to get a deduction only for one acquisition (even if the cost of housing was significantly lower than 2 million rubles), and there were no restrictions on the deduction for a mortgage loan.
Therefore, when purchasing housing by installments, it is necessary to take into account the features of the possibility of obtaining the right to deduction, because if it occurs before 2014, documents for reimbursement of expenses should be submitted after the full cost or part of it, equal to 2 million rubles, is paid, since this can only be done on one object.
For what period is a deduction for housing purchased in 2015 possible?
The possibility of reimbursing part of the costs of acquired property comes from the year of registration of the certificate of ownership (if the transaction is framed by a contract of sale), or the act of transfer of property with equity in the construction of the house.
For example, when buying a house 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 return personal income tax in the amount of 13% of the cost of housing with established restrictions. The payer can file a tax refund for the next three years, the pensioner - four years (2016, 2017, 2018, 2019).
Features taken into account when making a deduction
Consider how to return 13 percent of the purchase of an apartment. It is important to remember: it is impossible to return the amount of the deduction for one year more than the amount of personal income tax withheld for the year. The remaining part of the funds is carried over to the following periods, that is, the funds are returned until the full deduction is fully refunded.
How to get 13 percent from buying an apartment: basic steps
The right to return comes after the apartment (or other housing) is acquired and owned.
To issue it, you should:
• confirm the fact of the purchase and payment of personal income tax in the tax period ;
• draw up a tax return and submit it to the territorial inspectorate of the Federal Tax Service.
Confirmation of the transfer of tax amounts is the certificate of the form No. 2-NDFL, which at the request of the employee will issue accounting. This document must be signed by the head and chief accountant, and also certified by the seal of the organization. Declaration f. 3-personal income tax shall be filled in according to the current standard form. Note that there are many Internet portals, the specialists of which will take the preparation of the declaration themselves, but it is not difficult to cope with filling out the form yourself.
Basic documents required for submission to the IFTS
We will figure out how to get 13 percent from the purchase of an apartment, and proceed to the collection of necessary documents. Some of them are common. And when the right of deduction comes, the taxpayer collects a package for submission to the IFTS, which includes:
• help f. 2-personal income tax;
• identification;
• declaration f. 3-personal income tax;
• application for deduction.
Additional documents
The package described above - documents common to all cases of purchase.
Depending on the conditions of acquisition, it is sometimes necessary to supplement it with other relevant information, such as:
• contract of sale;
• contract of shared participation in the construction of a house, assignment of a claim;
• land purchase agreement;
• a contract for the acquisition of property in a mortgage.
Acquisition of housing in shared ownership is accompanied by a statement on the distribution of the deduction. Buyers who are married, having minor children, purchasing housing in joint ownership, provide and accompanying the general package, documents:
• Marriage certificate;
• application for distribution of shares;
• birth certificate of children;
• documents of ownership.
For a pensioner acquiring real estate, it is necessary to provide a pension certificate.
Ways to get a deduction on purchased housing
There are two ways to apply for a property deduction:
• in the nearest IFTS;
• through the employer.
In order to arrange a return of 13% from the purchase of an apartment, a corresponding set of documents is presented to the tax office at the beginning of the year following the year of purchase, 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 drawn up in the same manner next year. If necessary, if after the second year the deduction balance remains again, the paperwork is repeated again.
You can return 13% from the purchase of an apartment through the employer. In this case, by submitting documents to the tax office and obtaining permission, the taxpayer appeals to the employer, who on this basis gives an order not to withhold income tax from the employee from the month of receipt of the confirmation until the end of the current year. The right to deduction next year is confirmed again.
Which method is more beneficial for the payer?
We will figure out how to return a 13% tax on the purchase of an apartment in the most convenient way. Making a property deduction through the IFTS is preferable, since when the employer refunds the tax, the right to the deduction arises from the month of confirmation, that is, one month will be lost, because collecting documents, transferring them to the IFTS and getting permission in January is unrealistic. The tax inspectorate was given the right to review documents within a month, that is, the shortest period for obtaining a permit is mid-late February. If you decide to return the deduction for the months that were not included in the calculation, you will have to re-issue the 3-NDFL declaration for the past year at the beginning of next year.
A few points important to the taxpayer:
• the month of acquisition does not matter, since the amount of tax paid is fully accounted for the whole year;
• help f. 2-NDFL must be ordered at the beginning of 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 on tax deductions in full).
So, having considered in the article the question of how to get 13 percent from the purchase of an apartment, we hope that the main points are clarified.