Not everyone who has ever bought an apartment knows that the legislation of Russia provides for the right to receive a property tax deduction - a part of the individual income tax paid to the state (the so-called return 13 from buying an apartment). How to properly arrange such a benefit and what is needed for this - this is the topic of today's article.
How can I return personal income tax
A 13 percent return on a purchase can be made in two ways:
- get a deduction at the enterprise, from the employer; in this case, you will simply receive a monthly salary without withholding personal income tax until the tax amount has been fully selected;
- pick up the full amount for the year immediately;
Regardless of which method you prefer, paperwork still takes place at the Federal Tax Service at the place of registration of the taxpayer.
Who is entitled to personal income tax return
You need to know that if such a joyful event as buying an apartment happened in your life, a return of 13 percent of its value can not always be issued. Property deduction make out in several cases:
- shared participation in construction new housing or buying an apartment in the secondary market;
- repayment of interest on a mortgage or other targeted loans for the purchase of residential real estate;
- construction or purchase of a residential building, as well as land for private construction;
- repayment of interest on a loan received as a refinancing / re-lending of targeted loans or mortgage loans issued earlier;
It also matters whose property is considered to be newly acquired housing, however, we will talk about this below.
Who can not claim a tax refund
There are situations when receiving a “refund 13” from the purchase of an apartment does not work. This deduction is not allowed:
- housewives, unemployed and other citizens who do not have an official place of work, and therefore do not pay income tax;
- IP - to individual entrepreneurs working on such a taxation system when tax payment of 13% is not provided; it does not matter if the individual entrepreneur pays other types of taxes and fees;
- pensioners who retired more than 3 years ago and received only a pension over a three-year period, because it also does not withhold income tax;
- children - homeowners, until they reach working age, that is, until the moment when they begin to work and pay personal income tax; however, there is a small caveat - if the property was purchased not earlier than 2014, then their parents can get a tax refund;
- citizens who previously received a refund of 13% of the purchase of an apartment;
- citizens who purchased housing from close relatives - parents, children, brothers, sisters and so on; relation degree determined by article 105.1 of the Russian Tax Code;
- persons whose purchase of housing was fully or partially paid by the employer or apartment was purchased at the expense of the regional budget.
Now it’s worth talking about which documents you will need for a 13% tax refund.
Documents
It’s worth mentioning right away that you will need almost all the papers in the form of copies, however, when contacting the tax service, be sure to bring the originals with you as well — the inspector may ask them for review. So, the list of documents for the return of 13% of the tax deduction:
- passport;
- an application for a personal income tax deduction indicating the beneficiary's payment details;
- individual tax number (TIN);
- 2-PIT - almost the only exception to the rule - always needed in the original; You can get such a document in the accounting department of your company; if you work in two or three jobs, then such a certificate must be ordered from each employer;
- contract of purchase / sale of housing;
- certificate of registration of property rights if you bought finished housing;
- Act of acceptance of transfer of housing or a share in it;
- receipts and checks for payment of housing; a notarized receipt of money may also be required;
- income statement - form 3-NDFL.
That's all that you need to provide for the return of 13%. Documents for the return of the deduction on the mortgage additionally contain:
- mortgage agreement itself;
- a certificate from a banking institution about the interest paid by you under the contract.
If you decide to arrange housing for your minor child, then you must additionally provide his birth certificate.
Where and how to apply for a refund
So, how exactly do you need to process a 13 percent refund? Documents have already been collected, but what to do next? The next step should be to contact the territorial branch of the Federal Tax Service at the place of your registration. There are no specific terms in this matter, however, from practice it can be said that it is not worth contacting in March-April. The fact is that at this time the inspectors of the Federal Tax Service are too busy checking the annual reports of various enterprises and your parish will not be "too happy".
According to the new rules that came into force in 2014, you can not visit the Federal Tax Service to return part of the tax. To do this, you should register on the official website of the tax service and use your "Personal taxpayer account". There you need to fill out specially designed forms, put your digital signature, if necessary, attach scans of the necessary documents and send all this to the tax online. In the same place, in your "office", you can further monitor the consideration of the application and the status of verification of the declaration.
Remember! Tax officials have four months to verify documents, so everything is not going as fast as you would like - be patient.
The amount of the deduction
Of course, the main question that worries everyone is how much money can be returned. Here, of course, it all depends on the cost of housing and on how it was purchased.
If the cost of your apartment is not higher than 2 million rubles, then you can hope for a return of 13% of the total amount.
Example:
A citizen bought an apartment with a st-st 1 million 354 thousand rubles. This means that the total tax deduction that he can count on is:
1,354,000 x 13% = RUB 176,020
If the cost of a dwelling is equal to or exceeds two million Russian rubles, then the deduction amount becomes fixed and amounts to 260 thousand rubles, which is 13% of 2 million rubles.
However, there are some circumstances that can increase or decrease the amount of property tax benefits.
Property deduction increase
The return of 13% of the purchase of an apartment may be greater if the housing was purchased in a mortgage. In this case, it is worth counting on the refund of part of the tax not only on the cost of the premises, but also on the interest paid to the bank. Starting from 01.01.2014, a restriction of 3 million rubles was imposed on the reimbursement of 13% of interest on the mortgage, that is, no matter how much you overpay for the apartment as a result, you can return no more than 390 thousand rubles, which is 13% of 3 million .
Example:
A citizen issued a mortgage for an apartment with a capacity of 3,220,000 for 10 years. The bank gave him a payment repayment schedule from which it can be seen that the amount of the overpayment for the whole time will be 4,146,000 rubles. If he obtained ownership in 2013, he will be able to return:
(2,000,000 rubles + 4,146,000 rubles) x 13% = 798,980 rubles.
But if the housing will be issued in 2014 or the 15th years, then a much smaller amount will be returned:
(2 million rubles + 3 million rubles) x 13% = 650,000 rubles.
As you can see, the difference is quite noticeable:
798 980 rubles - 650 000 rubles. = 148 980 rub.
You can also increase the return of 13% in the case when you are building a new home. Then, to the cost of the apartment itself, you can add the costs of decoration, design estimates, the acquisition of building materials and the connection of communications. But in this case, the total amount declared for calculation still cannot exceed two million rubles.
Amount reduction
Sometimes the amount of property may be reduced. For example, when housing is purchased by participants in shared ownership. Then the deduction is divided between all owners in proportion to the shares received.
There is also another option when tax refunds can be reduced. This happens when, within one year, you sell one house that you have owned for less than 3 years for more than 1 million rubles and buy a new apartment. In this case, you will have to pay the state income tax from the sale of the first apartment.
Example:
You decided to sell the apartment that you own for 2 years and 5 months for 1 million 355 thousand rubles. After the sale, you must pay income tax in the amount of:
(1,355,000 - 1,000,000) x 13% = 46,150 rubles.
Now you are buying a house worth 2 million 740 thousand rubles. By law, you can expect compensation in the amount of 260 thousand rubles. After completing both transactions you will have:
260 000 rub. - 46 150 rubles. = 213,850 rubles. - This is the maximum tax deduction that you can get in this case.
Features of obtaining
Most often, taxpayers cannot receive the full amount of the deduction immediately, since a lump sum cannot be more than the annual amount of personal income tax transferred to the budget for you. So the tax property deduction is paid to citizens for several years until the entire amount due is paid.
It is also worth knowing that since 2014 the right to return 13 percent can be used many times, the main thing is that the total amount of compensation does not exceed the limit of 2 million rubles (for% on the mortgage + 3 million). This means that if you purchased one dwelling, worth 1 million 300 thousand rubles and used your right to make a property deduction, then you can get the remaining 700 thousand at the next purchase of a home.
