Instructions: how to get tax deduction. In fact, the employee receives only 87% of the salary. The remaining 13% of the salary goes to the state. But the state can return this money, for example, when buying an apartment.
Tax deduction- This is a kind of subsidy from the state to conscientious taxpayers. Thus, the state returns 13% of the tax paid from wages. One of the tax refund opportunities is purchasing a home. This tax deduction is called a property tax deduction. Article 220 of the Russian Tax Code talks in detail about this type of tax deduction.
Who can get a tax deduction?
Working citizens with an official salary, individual entrepreneurs who are subject to the general taxation system. The determining factor is the citizen’s payment of income tax, since this tax is returned by the state. " Tax deduction applies to all income on which personal income tax was paid in the year of purchase of housing. There is an exception for pensioners: they can apply for a deduction for the previous three years,” comments lawyer Dmitry Anishchenko. Only the owner of the property can be an applicant for payments.
What can I get a tax deduction from?
Purchasing an apartment, room or share, as well as a house or land plot for individual housing construction (IHC) provides for the possibility of receiving tax deduction. If, when the developer hands over the apartment, the apartment is “unfinished,” then you can get a deduction for repairs. In the case of housing taken out with a mortgage loan, the tax deduction also returns part of the amount from the interest on the mortgage.
How much tax deduction can I get back?
The maximum payment amount for purchasing a home today is the payment for mortgage housing. This amount is 650 thousand rubles. How did this figure come about? It is determined based on the maximum amount of 2 million rubles of “real” money, for which the state provides a tax deduction (according to paragraph 4 of Article 20 of the Tax Code of the Russian Federation). The property deduction for the purchase of mortgage housing is characterized by an addition to the standard amount of the additional deduction, from the interest on the loan as they are paid. The maximum amount of interest on the loan is 390 thousand rubles. It also consists of the maximum interest amount - 3 million rubles, from which the state can provide a deduction, in accordance with clause 4 of Art. 220 Tax Code of the Russian Federation.
The maximum amounts for which the state provides tax deductions and the maximum deduction amounts for them.
The maximum amount of "real" money is 2 million rubles; the maximum deduction amount from them (13%) is 260 thousand rubles.
The maximum amount for interest on a mortgage loan (if purchasing a home before 01/01/2014) is not limited; the maximum amount of deduction from them is 13% of the amount.
The maximum amount for interest on a mortgage loan (when purchasing a home after 01/01/2014) is 3 million rubles; the maximum deduction amount from them (13%) is 390 thousand rubles.
How many times is a tax deduction available?
Receipt tax deduction from the state until 2014 it was possible only once in a lifetime. After 2014, some changes were made to the rules for receiving payments from the state. So, when buying a home now you can receive payments several times. The main thing is that the total amount from which a taxpayer can receive a property deduction does not exceed 2 million rubles.
“In 2013, I bought an apartment and a year later received a property deduction for it, but not the maximum amount. This year I wanted to apply for another deduction for another apartment in order to reach two million, but I was refused, since the apartment was purchased in 2013,” Inna shared her personal story.
How soon do I get my tax refund?
One year (but not earlier) after the purchase of housing, documents are submitted to receive a deduction. There is no limitation on the statute of limitations. With an official low salary, you will have to wait years for a refund. The taxpayer will receive from the state only what he gave to him in the form of tax.
“The property deduction does not exceed the amount withheld by the employer. If you earn 1 million rubles a year, contributions to the budget amount to 130 thousand. That is how much the tax office will return,” explains Kirill Lobanov, partner at the Shabarin and Partners law office.
The remainder of the payment is carried over to the next year. The tax is deducted until there is no balance left to pay.
An example of calculating a property tax deduction.
Peter bought a house for 5 million rubles. Of this, the initial payment in cash is 2 million rubles. He took out the remaining amount of 3 million rubles on a mortgage loan for 5 years at 12% per annum. It follows from this that the amount tax deduction Petra will be 494 thousand rubles. This figure consists of two: from the deduction of “real” money from 2 million rubles - 260 thousand rubles, and from the deduction from mortgage interest - 234 thousand rubles (1.8 million rubles for 5 years of the loan). With the condition of an official salary of 70 thousand rubles per month, the amount of tax (13%) paid by Peter to the state for the year is 109,200 rubles. It follows that Peter will receive the full amount of the property deduction in approximately 4.5 years.
Decor. What documents are required for tax deduction?
There is a certain list of required documents. But collecting them will not cause much difficulty.
Required documents:
1. Passport or other document replacing it. To them are copies of the first pages and registration.
2. Certificate 2-NDFL about income. This certificate is provided by the employer. If you work for several employers or change them during the year, you must take certificates from all of them.
3. Coolie-sale or equity participation agreement.
4. Any document confirming the fact of payment for housing (receipts, payment orders, receipts).
5. Certificate of registration of ownership.
6. Certificate of acceptance and transfer of housing, in case of purchase not under a sales contract.
7. Tax return 3-NDFL. The form can be downloaded from the Internet. The form is filled out based on certificates from the place of work and other documents.
8. Application for tax refund. It requires information about the account into which money will be deposited as a deduction from the state. Sample application.
In the case of housing taken on a mortgage, the list of standard documents is supplemented by a loan agreement and a certificate of interest paid on it for the year. This certificate is issued by the bank. For registration tax deduction for construction or repairs, it is necessary to provide checks and receipts for purchased building materials. It is necessary to remember to collect and store all payment documents for repairs or construction if there is a prospect of the need to receive and process a tax deduction for them.
How to get a tax deduction?
Stage 1: Documents.
Collection of all necessary documents. Preparing their copies for the tax office. Notarization is not required for them, but on each page the following is required: the inscription “Copy is correct”, signature, its transcript and date. Completed tax return 3-NDFL. Written statement.
Stage 2: Tax.
After collecting and completing all the necessary documents, they are transferred to the tax office in person or sent by mail. When sending by mail, the sender does not have the opportunity to correct possible deficiencies in paperwork on the spot. Therefore, there is a risk of receiving a refusal due to possible errors in registration; the refusal or the need to correct documents will be known only after several months.
Stage 3: Money.
The tax office checks all submitted documents. According to the law, the inspection takes place no more than three months. If the verification response is positive, the money is credited to the account within 30 days.
“There are usually huge queues at the tax office at my place of registration. Fortunately, I was able to submit the documents in 20 minutes. They stamped them “verified” and told me to wait three months for payment,” says Alexander from Moscow from personal experience.
An alternative way to receive a tax deduction.
Receiving funds can be done through the employer; the details of all stages of this method are described in clause 8 of Art. 220 Tax Code of the Russian Federation. A list of required documents is provided to the employer. And it stops the monthly tax deduction (13%) from the employee’s salary. Eligibility tax deduction in any case, it must be confirmed with the tax office. But there is also a positive side - you can start returning the money right away, you don’t have to wait until next year. We should not forget some nuances missed in the legislation: the procedure for changing an employer or liquidating a company has not yet been prescribed. Due to gaps in the legislation, in practice this option for obtaining a deduction is quite rare.
According to the Constitution, all able-bodied residents of the Russian Federation are required to pay taxes. However, the Law provides for the possibility of reducing these costs in the case of applying so-called tax deductions. What is this “gift from the state” at ?
Understanding the terminology
Deductions are divided into:
- standard (provided to certain categories of persons, for example, low-income large families, war veterans, Heroes of Russia, etc.);
- social (when expenses for certain types of treatment, education, pensions and charity are reimbursed);
- professional (they are used, as a rule, by writers, filmmakers and other representatives of the creative intelligentsia);
- for securities (provided if the taxpayer incurred losses on transactions with securities);
- - the most popular. They are provided to the taxpayer who built or purchased real estate.
Let's talk about them.
Important. Only an officially employed citizen can take advantage of this benefit, because taxes are regularly withheld from his salary in the amount of 13 percent, which is the subject of a reduction in the tax base.
Who is eligible for the deduction?
Not all people working in Russia and receiving a “white” salary can take advantage of the deduction, but only tax residents of the Russian Federation, that is, those who have been in our country for at least 183 days over the past year. In this case, the person may not even have Russian citizenship.
Who is not entitled to it?
- non-residents of the Russian Federation;
- students and students;
- military;
- orphans, since they enjoy full state support;
- pensioners after the expiration of the three-year tax period;
- for minor children (but parents who work and pay taxes are allowed to do this for them).
What else should you consider?
The most important points are:
- the deduction in question is due to every resident of the Russian Federation once in a lifetime, but its payment after 2014 may extend to several residential properties;
- the declaration for property deduction is completed in the current year for the previous year: if the acquisition of real estate occurred in 2016, documents for the deduction can only be submitted in 2017;
- it doesn’t matter whether real estate was purchased in Russia or abroad, the deduction is still issued;
- the real cost of the apartment does not matter: even if it was purchased for five million rubles, the calculation of the deduction is possible only from two million;
- the maximum that a taxpayer can hope for is 260 thousand rubles;
- spouses can return double the amount, that is, 520 thousand rubles, if they bought housing worth 4 million rubles or more, had a salary in the required period of time, paid taxes on it, properly confirmed expenses and have not previously received such a deduction;
- if the purchase of housing cost an amount less than two million rubles, the purchaser retains the right in the future, when purchasing (constructing) real estate and even its repair and finishing, to receive a deduction only if it was not paid before 2014.
Latest innovations
The 3-NDFL declaration form is updated annually. So old samples won't work.
Not everyone and not always become recipients of property deductions. In 2016, certain restrictions were introduced on their design.
It will be refused if:
- if the real estate transaction was carried out by close relatives or a boss and a subordinate;
- if housing was purchased, for example, at the expense of the company in the form of bonuses;
- if the property was purchased at the expense (or using) government funds (specialized certificates, mortgages for military personnel, maternity capital). But at the same time, it is possible to issue a deduction from the amount of the acquirer’s own funds.
Important. Interest is also included in the base from which the property benefit in question is calculated.
If a mortgage was used
By taking out a loan to purchase or, you can immediately claim a double benefit: from the purchased home and mortgage interest. This deduction is also set at 13 percent, and its payment is limited to three million rubles (we remind you once again that we are not talking about the loan itself, but about the interest on it). It operates in conjunction with the main one.
How to calculate the amount correctly
The maximum deduction for the purchase of housing has not changed this year; it is equal to:
- the full cost of the purchased housing, if it is within two million rubles;
- or 260 thousand rubles, if it exceeds this amount.
Here are some examples
- In 2015, citizen I. purchased residential premises for 2 million 300 thousand rubles. In the indicated year, he received a salary of 50 thousand rubles. monthly and paid 78 thousand rubles to the treasury in the form of income tax. 2 million rubles from the size of the purchase will be deducted, the payment will be the maximum possible - 260 thousand rubles. But for the reporting year gr. I. will be able to receive only 78 thousand rubles from the tax authority, that is, an amount equal to the taxes paid. The remaining amount will be deducted in subsequent years.
- Gr. I. bought a cottage worth 8 million rubles, closed 6 of them with a mortgage. In the year of purchase, he paid the bank interest on the loan in the amount of 100 thousand rubles. And he earned 3.5 million rubles, from which 455 thousand rubles were withheld as state income. taxes. Cumulative deduction from 2.1 million rubles. amounted to 273 thousand rubles. Since taxes this year gr. I. paid more, he will receive the entire deduction due immediately. If the mortgage continues to be paid, the interest on it will be c. I. will also receive a deduction. The interest deduction is set at 3 million rubles, that is, 390 thousand rubles can be returned.
- In 2012, I.’s family bought a jointly owned property for 4 million rubles. The husband earned three million rubles in two years (2012 and 2013), and the wife had no income from work at that time. Since the property was purchased before 2014, the “ceiling” of deductions per family is limited to 2 million rubles. According to the law, it can be registered in the name of one of the owners of the property, in this case, the husband, and within two years the entire amount of the accrued deduction will be returned to him.
Attention. To make it easier to calculate the property deduction due, use a calculator. But not ordinary, but tax. He will help you independently calculate the deduction for the year, including property deductions in the case of purchasing housing.
Deductions for purchased housing are issued without a statute of limitations
Taxpayers are often interested in how long after purchasing real estate they can contact the tax office to apply for the appropriate deduction, so that it is not too late.
According to the law - at any time during working life, and on the occasion of purchasing a home - even after its sale. The main thing is that only one object at a time and only once in a lifetime.
No one will find out why you did not file the deduction in a timely manner, that is, immediately after purchasing or constructing a home, and will not deny you the exercise of this right. But the Tax Code establishes that in an application for a deduction for its calculation, only three years preceding the application can be indicated. That is, this year you can send a declaration and submit an application requesting a property deduction for an apartment purchased, say, in 2008, only for 2015, 2014 and 2013. This is the law.
The most problematic clauses of the declaration
The phrases “deduction for previous years of declaration” and “amount transferred from the previous year” always raise questions among declarants. They appeared in the documentation because in one year, as a rule, a person cannot submit the entire amount of the required deduction of two million rubles and receive back 260 thousand, since average salaries are far from these indicators.
Let’s take, for example, an income of 30 thousand rubles. per month. The annual earnings will be 360 thousand rubles, and the income tax will be 46.8 thousand. You can receive a refund from the funds received and the income tax withheld.
A benefit of 1.64 million rubles will remain. It can be used later, when there are new salaries and, accordingly, taxes.
Thus, 360 thousand rubles. in our example, there will be a deduction for previous years of declaration, and 1.64 million rubles. – the balance of the deduction carried over to the next year.
"Wait for an answer." How much to wait?
When all the necessary documents are in order and submitted to the tax authority, all that remains is to wait. Typically, applications are reviewed and decisions are made on them within two to four months, but the matter can drag on for a year, which is usually due to the heavy workload of officials.
3 months after filing the declaration, according to the law, a desk audit must take place, and the applicant must receive notification by mail whether a deduction will be made or not. In this case, a refund is possible within a month.
If the tax office shows red tape, you can safely complain about it. All relations with the inspection must be clarified only in writing.
Keep in mind. The law provides for the possibility of charging interest on the amount of the deduction not paid on time.
For those who are in a hurry
How to get a deduction in a shorter time and with greater benefits? Watch the video.
For Russian citizens who purchased residential real estate, the state provided the opportunity to return funds previously paid to the budget as income tax. Therefore, for home buyers, the question becomes relevant: for what period can they receive a tax deduction to exercise their right?
General rules
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
It's fast and FOR FREE!
Each officially employed worker receives only 87% of his total earnings.
This is due to the mandatory payment of personal income tax by employers, amounting to 13% of funds paid to staff. It is this tax that the state allows to be returned when purchasing an apartment, reimbursing part of the costs incurred.
Who can issue a refund?
- The applicant's identification document (passport or other).
- Documentary evidence of the completed purchase of a residential property (certificate of ownership, extract from the register, receipt for the transfer of money, bank payment order, etc.).
- about the income tax paid to the budget for the corresponding year (form 2-NDFL prepared by the employer).
- , compiled by the taxpayer independently for a certain year on the appropriate 3-NDFL form.
- about the desire to use a deduction, drawn up in free form (following the sample).
How many times is it possible?
The number of times you apply for a deduction depends on the year you purchased your home. If the transaction was made before 2014, then this can only be done once in a lifetime, regardless of the amount returned.
For example, for a room purchased in 2012 for 230,000 rubles, you can return 29,900 rubles (13% of the cost). And for an apartment purchased in the same year for 1.5 million rubles, the amount of 195,000 rubles is subject to return.
When registering an apartment from January 1, 2014, slightly different rules apply regarding the maximum deduction limit. If it is not exhausted from the first purchase, the balance can be received upon the next purchase of housing.
For example, 125,000 rubles were returned from living space purchased in 2016. This amount is less than the possible limit established by law. Therefore, having purchased real estate in subsequent years, you can once again apply for a deduction until the due amount is completely exhausted.
Sum
The return for property deduction is 260,000 rubles. The base for calculations is 2,000,000 rubles. So, from an apartment worth 3, 4 or more rubles you can return no more than 260,000 rubles.
If less than the maximum base was paid for housing, for example, 1.3 million rubles, then the amount is 13% of the costs incurred: 1,300,000 * 13% = 169,000 (rubles).
Based on the rule of complete exhaustion of the property deduction, the balance can be transferred to the future, returning another 91,000 rubles (260,000 - 169,000) from the purchase of another home.
Terms and options for payment of funds
Return times depend on several factors:
- Firstly, on the size of the salary. The larger it is, the faster it will be possible to reimburse expenses. For each year, the amount is returned within the limits of the personal income tax paid for the same year, the rest is carried over to future periods.
- Secondly, the taxpayer has the right to file a deduction at his own choice - at the Federal Tax Service, at work.
In the first case, you are allowed to submit an application no earlier than the year following the year in which the living space was purchased. The money is credited to the account specified by the applicant immediately in the amount of the annual (or three-year) tax payment.
The entire procedure takes no more than 4 months, required for verification of documents (3 months) and direct transfer of funds (1 month).
The purchase of real estate is a major transaction, the implementation of which will require a significant amount of money.
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
It's fast and FOR FREE!
Not all Russian citizens can afford to buy their own home, so they have to take out a mortgage or buy an apartment before they can afford it.
The state provides all possible assistance in solving this problem. Of course, it cannot fully compensate for the cost of living space, but when purchasing a property, their owners have the opportunity to receive.
- declaration and statement;
- contract for the purchase of real estate;
- certificate of ownership of the apartment;
- if it was purchased using a mortgage product, then you must present a loan agreement with a banking organization and a statement of interest payment for each year;
- certificate from the place of work about wages and taxes paid (issued in the accounting department);
- civil passport (copy of the first page and registration).
If the apartment is purchased as joint property of the spouses, then a marriage certificate must be attached.
How long does it take to return the tax deduction for an apartment?
How long does it take to return the tax deduction for an apartment? The formation of this period is influenced by a large number of factors.
These include:
- time for reviewing documentation by the tax service (checking them);
- the period allotted for making a decision (positive or negative);
- time to transfer funds to the bank account specified in the agreement.
Additional days may be spent on sending documents if necessary. As a rule, this takes up to two weeks.
Examination
A desk audit of documents is carried out to determine their authenticity, as well as to correlate the specified information with the actual verification.
Other departments are involved in this work, and information is also requested from state registers. Three months are allotted for verification. It should be completed in ninety days.
After this, tax officials must decide whether a refund will be made or not. Ten days are allotted for this.
Remember that for each day of delay, the tax authorities are obliged to compensate the penalty.
Money transfer
Funds are transferred to the specified bank account within one month. The money is received in full in accordance with the amount that will be assigned by the tax authorities.