Any person receiving official income, from which tax is calculated and transferred to the budget, can count on different types of deductions. The most significant is considered the property return, appointed on the basis of the acquisition or construction of residential real estate. The property deduction for personal income tax can be assigned even for the expenses incurred when paying interest on the mortgage. For its execution, it is required to submit a 3-NDFL declaration to the Federal Tax Service every year. The procedure is carried out until the inspection has paid all the required funds to the applicant.
Basic information
Not every person has the opportunity to draw up a property deduction for personal income tax, since for this some conditions must be observed. Therefore, to make a return, the following requirements must be taken into account:
- the existence of official earnings, from which income tax is levied, since it is the transferred amount that will be returned to the state to the applicant;
- confirmation of spending on the purchase or construction of a residential property;
- the presence of evidence that a citizen’s personal funds were spent, so if you buy property at the expense of the state or the employer, you can’t count on a deduction.
The size of the payment depends on the income of the citizen, since for one year the amount paid by the person in the form of personal income tax is returned as much as possible. For this, it is necessary to correctly compile and submit to the department of the Federal Tax Service a 3-NDFL declaration. Property deduction is assigned if documents confirming the purchase or construction of housing are attached to this declaration.
No refund will be issued if the residential property was received by a citizen free of charge or as a win. If it is bought by relatives, it is they who can count on a deduction.
Order of registration
To obtain a property deduction for personal income tax, a citizen must perform certain sequential actions:
- Initially, you should make sure that a return is possible;
- necessary documents are collected for this;
- they are transferred to the department of the Federal Tax Service together with the declaration of 3-NDFL and a correctly prepared statement;
- a desk audit is carried out by employees of the tax authority, based on the results of which funds can be transferred to the applicant’s bank account;
- if violations are found, a negative decision may be made.
The site of the Federal Tax Service has the ability to track the progress of the consideration of the document. Documentation is considered standardly for three months. If there are no problems in the documentation, then funds will be transferred to the applicant’s account within one month.
The maximum can be returned 13% of 2 million rubles. for the purchase of housing, so once in a lifetime 260 thousand rubles can be paid to citizens.
If you used a mortgage to purchase an apartment or a house, then you can additionally take advantage of the deduction on interest paid, which is maximum 13% of 3 million rubles. and equal to 390 thousand rubles.
Where can I apply for a benefit?
The property deduction for personal income tax can be made out not only directly at the tax office, since an officially working citizen can turn to this directly with the employer.
If you use the services of the Federal Tax Service, you will have to draw up a declaration annually and prepare other documents for deduction. They are transferred to the inspection department, after which they are carefully checked. Only after that the full amount of tax paid by a citizen for the last year is paid in full.
If you turn to the employer, then you do not even need to fill out a 3-NDFL declaration for property deduction. It is enough to make an application for a refund only once, after which it is transferred with documents for real estate to the place of work. After that, he will be paid a salary without collecting personal income tax until the moment when he completely receives the entire deduction.
What documents are required?
To make a return, it is required to transfer a certain package of documents to the Federal Tax Service. These include papers:
- statement on inspection form;
- 3-personal income tax return;
- documentation for acquired housing;
- payment documents confirming the purchase of an object at the expense of the applicant;
- a certificate from the place of work containing information about how much money in the form of tax was transferred for a citizen to the budget for the previous year;
- if the construction of the house was carried out, then it must have a certificate of registration;
- Act of transfer of real estate to the buyer;
- if housing was purchased through a mortgage loan, then an additional note must be obtained from the bank indicating the size of the loan and the amount of interest paid.
Difficulties usually arise in citizens with filling out a 3-personal income tax return. Property deduction is calculated in this document. To simplify the process, the Federal Tax Service offers citizens to use different programs to fill out a document. Programs are freely available on the institution's website.
How is deduction calculated?
If you use different special programs, the calculation occurs automatically after the necessary information is entered in the desired form. In addition, you can independently determine how much can be returned from spending on the purchase of an object.
For example, an apartment is purchased, the cost of which is 1.6 million rubles. 13% is determined from this amount, therefore 208 thousand rubles are returned. Since the maximum possible return is property in the amount of 260 thousand rubles, the remaining 52 thousand rubles. can be issued at subsequent purchases of real estate.
If the object is purchased through a mortgage, then you can return 390 thousand rubles. from interest paid. The only drawback is that such a refund is not carried forward to future purchases.
Rules for filling out a declaration
Citizens are often asked the question of how to fill out 3-personal income tax on deduction of property. You can ask this question to specialists who request a certain fee for their work. But if you are good at understanding the nuances of filling out 3-personal income tax on property deduction, you can independently generate a declaration without spending money.
When entering data into a document, some rules are taken into account:
- it is allowed to fill out a document on a computer or manually, but in the latter case it is required to use a blue or black pen;
- single-sided printing is allowed;
- while filling out a document, you cannot make various amendments or cross out information;
- all amounts are rounded to whole rubles;
- for each character there is a separate cell, therefore it is not allowed to enter information without regard to restrictions;
- on each sheet the taxpayer TIN is indicated, as well as his F. I. O .;
- at the bottom of the sheet is the date of the declaration and the signature of the applicant;
- Regardless of the type of return, you must fill out the first and sixth sections.
Property deductions for personal income tax are paid to applicants only in situations where the declaration does not contain false information. Therefore, filling out this document should be approached responsibly. When using computer programs, the calculation is automatic. An example of filling 3-personal income tax on property deduction can be viewed below.
What sheets are filled in?
It is required to enter data in the first and sixth sections. Additionally, information is entered in other sheets:
- A. This sheet is intended to enter data on the income of a citizen. It is from him that personal income tax is calculated.
- E.This sheet is used to enter information on profits earned from the sale of real estate. Additionally, the size of the deduction is given here.
- I. Information about the directly purchased property is entered. Its cost is given, on the basis of which the possible size of the return is calculated.
In case of a mortgage, the property deduction from personal income tax can be calculated additionally from the interest paid to the bank. It is advisable to take into account interest after the privilege of the full value of the property is received.
When re-filing the declaration, it is required to take into account how much the taxpayer received as a deduction in previous years. In this case, the balance of the deduction amount will be calculated.
Personal deductions for personal income tax can be received not only by citizens who receive income taxed at a rate of 13%. Often, cash income is taxed at a rate of 35% or 9%. In this case, it is necessary to fill out not the first section, but the second or third. Under these conditions, the applicant indicates that he is not a resident of the Russian Federation.
What to do with joint ownership?
Often real estate is acquired by spouses, so each of them can receive a property tax deduction. 3-personal income tax under such conditions should be compiled by each citizen.
A special statement is attached to the declaration in which the spouses independently decide how the shares will be distributed. The fact is that with one real estate only one deduction can be received. Often, only one of the spouses draws up a benefit. This is advisable if the second citizen does not have official income or receives a small salary. In this case, only one spouse needs to fill out a 3-personal income tax return. Property deduction will be paid exclusively to him. The second spouse will be able to apply for subsequent purchases of real estate.
Based on Art. 256 CC, property purchased in an official marriage is jointly acquired property, regardless of which of the spouses invested in such a purchase, as well as which of them received a deduction.
Is it possible to apply for a benefit annually?
The size of the refund depends on how much money last year was transferred for a citizen in the form of personal income tax. The property deduction when buying an apartment can be drawn up annually until the applicant receives 13% of the cost of housing or a maximum amount of 260 thousand rubles.
The deduction is granted to every citizen only once in a lifetime, but at the same time it is not attached to any object. If a person purchases housing, the cost of which is less than 2 million rubles, then after receiving the benefits there will be a balance. It can be used for future purchases of real estate. Therefore, property tax deductions for personal income tax can be received from different objects.
Is a return for several years allowed?
It is allowed to return the funds in a few years, but only for a maximum of three years. For example, a room was purchased in 2014, so in 2018 you can apply for a discount for 2014, 2015 and 2018. In this case, it is required to prepare three declarations of 3-personal income tax. How to fill out this document for a property deduction? To do this, in each instance it is necessary to correctly indicate the amount of income and the amount of the transferred tax for each year.
In addition, you will have to take 2-NDFL certificates for all years, and this can often be difficult if a citizen has changed several places of employment during this period of time.
Where is the declaration delivered?
It is necessary to apply with a statement and declaration exclusively to the department of the Federal Tax Service at the place of registration of the person. It does not matter where the purchased property is located.
Often a person does not have a permanent registration, but at the same time he wants to receive a return on personal income tax. The property deduction in such a situation should be drawn up at the place of temporary registration.
Ways to submit a declaration
Filing a declaration with the Federal Tax Service can be done in three different ways. These include:
- Personal transfer of the declaration together with other documents to the employee of the Federal Tax Service. It is allowed to use the help of a proxy, but he must have a notarized power of attorney with him. The disadvantages of this method include the need to spend quite a lot of time. The inspector often requires additional documentation, so you will have to visit the department of the Federal Tax Service several times.
- Sending documentation by mail. By using this method, you can save a lot of time, and also you do not need to interact directly with the tax authorities. It is considered an actual choice if the applicant is in another city, therefore, cannot personally visit the institution. To send documents, a valuable letter is used with a description of the attachment.
- Internet using. This opportunity has appeared since the beginning of 2015. To do this, use your personal account on the official website of the inspection. EDS is not required.
The choice of a specific method depends on the preferences of the taxpayer himself.
Conclusion
Getting a refund for the purchase of real estate is considered a sought-after process for each person. It can be performed through branches of the Federal Tax Service or the employer. At the same time, it is important to understand the rules for filling out the 3-NDFL declaration well.
Documentation for inspection can be submitted in different ways, and for many taxpayers, the advantage is the ability to send documents via the Internet.
