Russian citizens and tax residents may in some cases return personal income tax paid to the budget on income. The legislation of the Russian Federation provides for this a fairly wide range of grounds. The principles of legal regulation of the use of appropriate privileges by citizens can vary significantly depending on the specific mechanism for the return of personal income tax. What are the specifics of the most common reasons for using this opportunity?
Ways to return personal income tax
The return of personal income tax - in accordance with the legislation of the Russian Federation - in the general case, can be carried out on the basis of deductions. A citizen who has committed expenses under certain articles may expect to return part of the budget, namely 13%, provided that the payments do not exceed the norms established in legal acts. What are the costs?
The following types of deductions are provided by the Tax Code, which provide for compensation under the aforementioned mechanisms:
- social (Article 218 of the Code);
- property (Article 220 of the Tax Code of the Russian Federation).
Another reason for receiving a personal income tax return is that a citizen has a certain social status. In this case, a person may be entitled to standard tax deductions. What are their specifics? First of all, the fact that their payment does not imply any expenses - as in the case of social and property deductions. Their stable provision is guaranteed by the state, since a citizen has the status provided for by law. Standard deductions are governed by Article 218 of the Tax Code.
Professional Deductions
A special category of payments - those that are regulated by Art. 221 of the Tax Code of the Russian Federation. It is professional tax deductions. They are guaranteed by the state for entrepreneurs, contractors, authors of scientific works and literary works. The basis for their receipt, as with respect to social and property tax deductions, is the expenses incurred by the taxpayer in the course of his activities.
Overpayment
Another possible reason for the return of personal income tax is the overpayment of the corresponding fee to the treasury. However, such cases are quite rare. As a rule, it is the exercise of the right to a deduction that is the main mechanism by which a citizen can return taxes on income paid to the state.
In some cases, a citizen can count on deductions paid due to losses from transactions with securities (the corresponding payments are regulated by the provisions of Article 220.1 of the Tax Code).
The most commonly used, according to many experts, tax deductions in Russia:
- property;
- social;
- standard.
Thus, we study their specificity in more detail.
Calculation and payment of deductions for expenses
We will study the basic principles on which the return of personal income tax is based on the deduction on the grounds provided for by Russian law (if we talk about compensation, which involves the preliminary fulfillment of expenses).
A resident of Russia usually has some kind of income. As a rule, these are labor compensation - most often salary. It can be supplemented by fees, payments under contracts. If we take income that is not related to labor, then this may be, for example, revenue from the sale of property. Regardless of a particular source, personal income tax in the amount of 13% should be paid from the sums received at the disposal of a citizen.The calculated and paid fees to the treasury is a key resource, due to which the subsequent return of personal income tax can be carried out in the form of a deduction prescribed by law.
However, a person must have good reason to qualify for appropriate payments. For example, to make expenses that entitle you to compensation. We study the specifics of the costs, which can be the basis for calculating the personal income tax return, as well as the formulas that determine the actual amount of payments, in more detail.
Personal Income Return Mechanisms: Social Deductions
If we talk about social deductions, then expenses that may become the basis for receiving appropriate compensation should be related to:
- with payment by a citizen of the services of educational institutions - for educating yourself, children, brothers or sisters
- with settlements with commercial medical organizations;
- with the costs associated with the participation of a citizen in pension programs.
The maximum amount of expenses for these items with which a deduction can be calculated is 120 thousand rubles. in year. At the same time, it does not matter whether the costs are associated with the payment of studies, medical institution services or the transfer of funds to pension institutions - the corresponding costs are added up. Thus, by social tax deductions a citizen can expect to be paid within 15,600 rubles. per year, that is 13% of 120 thousand. At the same time, if, for example, a person spent more on treatment, treatment or pension, then an amount exceeding 120 thousand can be used as a basis for calculating the deduction in the next year.
It is important that a person has enough income so that the required payment is received in full. Above, we determined that the key resource at the expense of which the deduction is calculated and returned is personal income tax paid on salaries and other income. If a person spent, for example, 120 thousand rubles for training, then he has the right to receive 15 600 rubles from them. deduction. But before that, he must give the state no less than personal income tax. If the tax paid for a certain year is not enough, then the unused amount of compensation is canceled, it can not be received subsequently.
Property Deductions
Right to property deduction arises from a resident of the Russian Federation if he buys residential real estate - an apartment, house, room, or builds it. Provided, of course, that he purchases housing or invests in its construction at his own expense - and not through subsidies, for example. The return of personal income tax when buying an apartment is carried out within a rather complex formula. Consider its main nuances.
In accordance with the legislation of the Russian Federation, the costs associated with the acquisition of housing are classified into 2 types: those that are directly related to the calculations of the buyer and seller (or the customer and contractor - if it comes to the construction of a property), as well as those that may reflect costs on payment of mortgage interest. The maximum amount of deduction for both reasons is different.
As for the costs of the purchase or construction of the real estate property itself, their maximum amount for calculating the personal income tax return is 2 million rubles. In its pure form, a citizen has the right to count on the payment of 260 thousand rubles. on the appropriate basis, that is, 13% of 2 million rubles. Mortgage expenses, from which the deduction can be calculated, in turn, can amount to 3 million rubles. In its pure form, the payment of personal income tax can in this case be 390 thousand rubles, that is, 13% of 3 million rubles. Thus, the maximum amount of deduction on the basis of two types of expenses stipulated by law for the acquisition of housing may amount to 650 thousand rubles.
In order to receive it, a person must transfer to the state personal income tax in the same amount - starting from the moment of the transaction for the acquisition of real estate. At the same time, if the citizen’s income was not enough to ensure, at the expense of his own contributions to the budget, the return of the amount due for the year, then the unused compensation can be transferred to him later.In this sense, the payment of property deduction is different from the mechanism by which the return of personal income tax for training, treatment or participation in pension programs is carried out.
Standard deductions
The principles for calculating and paying standard tax deductions differ from those that characterize the involvement of citizens with the opportunity to receive a deduction for expenses on training, medical services, a pension or buying an apartment. The fact is that in order to receive them a person does not have to make any expenses. But he must have a social status, which gives the right to appropriate compensation. The legislation of the Russian Federation establishes the right to standard deductions in relation to:
- participants in the liquidation of the Chernobyl accident, nuclear tests, disabled WWII and other wars - in the amount of 3,000 rubles;
- Heroes of the USSR and Russia, disabled children, I and II groups, participants in military conflicts, citizens evacuated from the Chernobyl accident zone - 500 rubles;
- other individuals - 400 rubles.
Moreover, a citizen can receive only one standard deduction - the maximum that is set for his social status.
The principle of calculating the actual amount of personal income tax return is the same as in the case of the two types of payments considered. Compensated for 13% of the corresponding amounts. It can be noted that standard deductions, unlike property and social deductions, are usually taken into account in the current calculation of salaries by the employer, and therefore, a person actually receives them in the form of legal non-payment of personal income tax within the established limits.
Deductions - optional
All three types of compensation considered - social, property, standard - are independent. A person can thus take advantage of the right to receive each of them. The main thing is that for registration of the amounts of payments in the limit values, which are guaranteed by law, there would be enough wages and other incomes - from the point of view of paying personal income tax to the budget - as the main resource for obtaining a deduction.
Making a deduction: the fastest way
Registration of the considered compensation is carried out in the interaction of the taxpayer with the FTS. In order to receive a deduction, a citizen needs to prepare the necessary documents and contact the agency on any day of the year that follows when the expenses were made for one reason or another.
It is not necessary, contrary to the common thesis, to do this after April 30 - this deadline is set for legal entities to submit declarations. Therefore, the fastest way to get a deduction is to transfer documents for the return of personal income tax to the Federal Tax Service immediately after the New Year holidays.
List of documents
Depending on the type of deduction, the list of necessary sources can vary greatly. But there are documents that should be provided in any case. Among such sources that are necessary in order to effect the return in question is 3-NDFL, a special form in which the income of a citizen for a particular year is declared.
It is always required to provide documents confirming the costs associated with training, payment of medical services, participation in pension programs, settlements with the seller of housing. Also, in most cases, sources are needed that testify to the legitimacy of a citizen's communications with certain entities. For example, if a personal income tax return for treatment is carried out, then these may be contracts with a medical institution. If we are talking about property deduction, we need purchase and sale contracts for equity participation, confirming the execution of a mortgage loan.
The period for returning personal income tax is within 90 days from the moment of applying to the Federal Tax Service. The deduction is transferred to the details that are indicated in the application, which is attached to the set of sources sent by the citizen to the department. The most important thing is that the documents on the basis of which the personal income tax return - the 3-personal income tax return, certificates, agreements - are drawn up correctly.
