Who will receive a tax deduction when buying an apartment? What amount of tax deduction is paid when purchasing an apartment? What expenses can you get a tax deduction for buying an apartment?

The happy purchaser of real estate is an applicant for a tax deduction for the amount of expenses incurred.

Who is entitled to a property tax refund when purchasing an apartment?

The essence of the deduction and how to receive it are described below.

A person who has purchased or built a piece of real estate: a house, apartment, room - can legally withdraw part of his income from personal income tax, within the limits established by current tax legislation. Such an advantage is provided for a citizen in accordance with paragraphs. 3 p. 1 art. 220 Tax Code of the Russian Federation.

The deduction provided consists of such expenses as:

• expenses actually incurred and supported by documents;
• interest paid on a loan for the purchase of a finished home or construction of a new home;
• finishing costs.

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For taxpayers who purchased residential property before 2016, it is possible to receive a deduction equal to the entire amount of interest paid. Home buyers after this date can claim a refund of interest, subject to a limit of RUB 3,000,000.

Comparative deduction calculation

Calculation example 1. A family man bought an apartment in 2015 for 450,000 rubles. Based on 2-NDFL, the amount of his confirmed income for this year was 780,000 rubles, and the amount of withdrawn personal income tax was 101,400 rubles.

The Tax Code gives him the opportunity to reduce the income tax base, within the amount of the limit fixed by law - 2,000,000 rubles. Funds to be returned are defined as 780,000*13%/100%=101,400 rubles. You can submit a set of documents to the Federal Tax Service to reimburse the tax paid in 2015 until December 31, 2018. It is recommended that he choose the remaining part of the deduction in the amount of (2,000,000-780,000) = 1,220,000 rubles during subsequent tax periods.

Calculation example 2. Let’s assume that in 2015 the spouse invested 4,500,000 rubles. In accordance with certificate 2-NDFL, the amount of his income for the year under review amounted to 840,000 rubles, personal income tax was paid - 109,200 rubles. His wife’s income subject to personal income tax for the same year reached 360,000 rubles, she paid personal income tax in the amount of 46,800 rubles. The apartment was purchased in the mode - ½ for each spouse.

In accordance with the Tax Code of the Russian Federation, the husband has the right to reduce the taxable base by the amount of the limit proportional to his share, but not more than the amount of income received: 840,000 rubles.

The amount to be refunded will be 840,000*13%/100%=109,200 rubles.

The amount of the due deduction (2,000,000*1/2-840,000) exceeds the amount of personal income tax withheld for the specified year and is carried forward to subsequent years.

The wife has the right to reduce the tax base by the amount of the limit proportional to her share, but not more than the amount of income received: 360,000 rubles. She will be able to reimburse 360,000*13%/100%=46,800 rubles. The remaining deduction in the amount of (2,000,000*1/2-360,000) = 640,000 rubles. selected during the following periods.

A family in which both spouses receive official income will benefit by purchasing an apartment in shared ownership mode.

Then you will be able to receive a larger tax refund each year, which will save your money from inflation.

Tax refund when buying an apartment 2016 - maximum amount

If housing is purchased with a mortgage loan, then the amount of interest paid can be added to the purchase deduction.

For apartments purchased with a mortgage in 2016 and later, the amount of the deduction is limited: it cannot exceed three million of the cost of the loan.

The maximum deduction amount per year is limited by the amount of income: you cannot return more than the amount of personal income tax withheld from the taxpayer.

With shared ownership, the cost of the deduction for the purchase of residential premises and the amount of interest paid are divided between the owners in proportion to their share in the apartment.

If the income received during the year is not enough to receive the full amount, the property deduction is transferred to the following years.

Two ways to receive a deduction

You can return 13% of your annual income in one of the following ways:

• through a legal entity or individual with whom the person who bought the apartment has an employment relationship;
• through the Federal Tax Service.

Let's look at each method:

1. In the first In this case, you must declare your desire to get a return to work at the MIFTS. The application is reviewed by the tax inspector within a month. The result is a notice that the employee provides to the employer. This document is the basis for exempting the income of the specified taxpayer from personal income tax until the deduction amount is exhausted. Every year you are required to bring a new notice to your employer until the limit is fully selected.
2. Second case obliges the home buyer to submit a more extensive list of documents to the Federal Tax Service at the place of registration of the citizen as a taxpayer. The documents are reviewed by the tax inspector for three months. Having made a positive decision, MIFTS will transfer the money to the account of the interested person within a month.

What to do if common property

When acquiring property into common ownership, spouses are guided by the provisions of the Civil Code of the Russian Federation and the RF IC, according to which the income of the husband and wife is considered as their common property.

Therefore, one person from a couple has the right to take advantage of the property deduction, regardless of who is indicated as the buyer.

The tax authorities adhere to the same position.

If all purchase documents are issued to a spouse who has no official income, as a result of which she cannot claim a tax refund, then by writing an application for the distribution of property deductions between husband and wife in the ratio of 100% and 0%, return part of the costs for My husband will be able to buy a home.

Only people who are in official, that is, registered with the registry office, marriage relationships can apply for a property deduction in this way.

Return process and deadlines

Tax refunds when purchasing an apartment are made through the tax authorities in the year following the year. For investment agreements concluded on the basis of 214-FZ, it is allowed to return two million of the deposited amount in the year of execution of the acceptance certificate for an apartment in a new building.

Refunds are possible for each year separately or for three consecutive years at once. The priority of one approach or another is determined based on the personal preferences of the real estate buyer.

The refund sequence is as follows:

• collection of documents;
• provision of a package of papers to the MIFTS;
• waiting for a decision based on the results of the desk audit;
• receipt of money to the payer's account.

Documents for tax refund when purchasing an apartment:

1. Agreement confirming the purchase of real estate or DDU (copy).
2. Acceptance certificate (copy).
3. (copy).
4. Copies of the PQS proving the amount of expenses incurred.
5. A certificate from the bank about the interest paid under the mortgage loan agreement.
6. 2-NDFL.
7. 3-NDFL.
8. An application with the details of the taxpayer’s account to which the overpaid amount of income tax should be transferred.
9. Application for issuing a notice to the employer.
10. Birth certificate of a minor (copy) - when receiving a deduction for a child under 18 years of age.

A property deduction is an opportunity to return part of your expenses for the purchase or construction of real estate (a house, an apartment, a plot of land with a house), to pay interest on a loan, and under certain conditions you can also take into account the costs of repairs.

Who is eligible to receive a property deduction?

A property deduction, popularly a deduction when buying an apartment, can be issued when:

• purchasing housing and/or land for housing (if there is or after the construction of a residential building on it);
• housing construction;
• repayment of interest on mortgage loans.

What can be the “object of purchase”?

The object of purchase (must be a certificate of ownership of the object or an acceptance certificate) can only be:

• apartment (room) or share in it;
• residential building or share in it;
• a land plot with the category of individual housing construction - individual housing construction (registration of a deduction is possible only from the year of registration of ownership of a house built on this site) or its share (became an object from January 1, 2010);
• a plot of land (or its share) on which a residential building is already located (became an object since January 1, 2010);
• a plot of land (or a share in it) with a share in the ownership of a house located on the plot (became an object since January 1, 2010).

The following may receive a deduction:

• home owner;
• spouse of the owner (under the following conditions: the spouse did not previously use the deduction; the purchase of housing occurred during marriage: a marriage contract was not concluded under which the housing belongs only to the owner);
• parent of a minor child/homeowner (provided: the parent did not receive an earlier deduction).

Adviсe:

1. Only personal expenses are taken into account, i.e. if the payment was made at the expense of employers or other persons, maternity capital, payments provided from the federal budget, budgets of constituent entities of the Russian Federation and local budgets, then no deduction is due from these amounts.
2. When purchasing housing from interdependent persons, deductions are not possible according to Article 105.1 of the Tax Code of the Russian Federation.
3. Do not underestimate the transaction amount in the purchase and sale agreement, because It is from this amount that you can apply for a property deduction.

How to calculate property deduction?

Property deduction is calculated as 13% of:

1. housing costs;
2. expenses for:
   • purchase of housing (cost of housing under contract);
   • construction and finishing materials (for apartments and rooms only finishing materials);
   • payment for construction and finishing services;
   • development of design and estimate documentation;
   • connection to networks or creation of autonomous sources of electricity, water, gas supply and sewerage (only for a residential building).
3. expenses for repaying interest on a target loan (expenses actually incurred by the end of the accounting year are taken into account).

Advice:

Anything that is not included in the specified list cannot be included in the calculation of the tax deduction. Redevelopment costs, costs for the purchase of plumbing and other equipment are not included. If you indicate them in the declaration, the deduction will be denied, as a result: you will have to re-issue the declaration and submit for the deduction again.

Maximum amount of property deduction

The maximum deduction from the value of real estate under the contract is 2 million rubles, i.e. a taxpayer can return a maximum of 260 thousand rubles (13% of 2 million rubles).
When purchasing property with a mortgage, a deduction is also provided for the cost of paying mortgage interest.

There are a number of features of receiving a deduction:

1. The essence of the tax deduction is the return of personal income tax due to expenses incurred, therefore it is impossible to return in a year more than the amount of income tax that was withheld for this year from wages or other income subject to personal income tax of 13%, with the exception of dividends (13% of income for the year).
2. The balance of the tax deduction does not expire, but is transferred to the next year until it is fully received (persons receiving pensions for any reason have the right to transfer the balance of the deduction to 3 years preceding the year the balance was formed).
3. If the property was acquired before January 1, 2014 (the ownership/transfer and acceptance certificate was executed before January 1, 2014), then an individual can exercise the right to deduct only from one object of acquisition and only from an amount not exceeding 2 million rubles, i.e. .e. if the property is more expensive than 2 million rubles, then the deduction can be obtained only from 2 million rubles, and if it is cheaper - from the actual cost (1 acquisition object, regardless of whether you have reached the limit of 2 million rubles or not), if In this case, the deduction from expenses for paying interest on a loan (mortgage) has no restrictions.
4. Property deductions have been calculated differently since 2014. If the property was acquired after January 1, 2014 (the ownership/transfer and acceptance certificate was issued after January 1, 2014), then an individual can exercise the right to deduct an amount not exceeding 2 million rubles, and the number of acquisition objects is not limited (individual a person can receive a deduction until the total cost of the acquisition objects reaches 2 million rubles). The deduction from expenses for paying interest on a loan, the agreement for which was concluded after January 1, 2014, is limited to 3 million rubles, i.e. 390 thousand rubles is the maximum amount that can be received from mortgage interest.

When can I apply for a deduction after purchasing a home?

You can apply for a deduction in the year following the year in which you received the right to a property deduction (through the tax office).

The right to deduction arises:

1. from the year of registration of ownership when purchasing real estate under a sales contract;
2. from the year of signing the acceptance certificate when purchasing housing under an agreement of shared participation in construction, housing cooperative. According to the Letter of the Ministry of Finance dated March 29, 2018 No. 03-04-05/20082

If housing was purchased in installments, then there are features of obtaining a deduction depending on the year the right to deduction arose, which appeared in connection with changes in Tax legislation dated January 1, 2014:

1. if the right to a deduction arose before January 1, 2014, then you need to apply for a deduction in case of installment payment after you have paid the full cost or at least 2 million rubles if the price is above 2 million rubles. By declaring your right to a deduction before full payment of the cost under the contract, you indicate only the amount that you actually paid, and, therefore, you lose the right to deduct from the remaining amount paid after claiming the right, because it is impossible to adjust the declared deduction amount;
2. If the right to a deduction arose after January 1, 2014, then you can submit documents for a deduction when purchasing real estate in installments from the year following the year in which you received the right to deduct. Each year the deduction amount will increase depending on the amount paid under the installment agreement.

According to Letter of the Federal Tax Service of Russia dated November 12, 2014 No. BS-4-11/23354@, Letter of the Ministry of Finance of the Russian Federation dated June 11, 2014 No. 03-04-05/28176.

How to apply for a property deduction?

The taxpayer must:

List of documents for obtaining a property deduction

General documents:

Additional documents:

• purchase and sale agreement;
• When purchasing real estate under an agreement of shared participation in construction / agreement of assignment of rights of claim;
• When purchasing a plot of land;
• When purchasing real estate with a mortgage.

Related documents:

1. When purchasing in common joint ownership:
   • application for distribution of deductions;
   • Marriage certificate.
2. When receiving a deduction for a minor child:
   • child's birth certificate;
   • certificate of ownership of the child.
3. When purchasing real estate as a pensioner:
   • pension certificate or other document confirming pensioner status.

For which years can you get a property deduction in 2019?

1. The right to deduction arises from the year of registration of ownership (in the case of a purchase and sale agreement) or the signing of the transfer and acceptance certificate (in the case of a share participation agreement in construction, housing cooperative).
2. The right to deduction always remains: no matter how many years have passed since the date of purchase, the deduction can be issued, and even if the property is sold, the right to deduction remains.
   In accordance with Letter of the Ministry of Finance of the Russian Federation dated June 11, 2014 No. 03-04-05/28218.
3. A deduction this year can be issued for a maximum of three previous years, i.e. in 2019, you can receive deductions for income for 2016, 2017, 2018 by filing three declarations respectively (taking into account 1 point - that is, this can be done by persons who received the right to deduction in 2016 or earlier). Exception: persons receiving pensions (see paragraph 5).
4. The tax deduction is issued for the past years (starting from the year the right to deduction was obtained, but not more than the past 3 years), i.e. The deduction for 2019 cannot be received through the tax office during 2019, but only from the beginning of 2020.
5. A deduction for pensioners this year can be issued for the past four years, i.e. in 2019, you can receive deductions for 2015, 2016, 2017, 2018 by filing four declarations respectively when the right to deduction arises in 2018 or earlier.

Registration of property deduction through the employer

You can receive a property deduction in 2 ways:

1. through the tax office. It is necessary at the beginning of the year following the year in which the right to deduction arises to obtain a 2-NDFL certificate at work and fill out a 3-NDFL declaration based on this certificate and documents for housing. Then submit the entire package of documents to the tax office. After checking the documents, you will be provided with a property deduction, but within the limits of the 13% personal income tax withheld for the year from your income (excluding dividends). The remainder of the deduction is subject to registration next year in the same manner;
2. through the employer. It is necessary to obtain confirmation of the right to deduction from the tax office. Based on this confirmation, the employer will not withhold 13% personal income tax from you, starting from the month of receipt of the confirmation until the end of the year. The following year, the right to deduction must be confirmed again.
   In accordance with paragraph 8 of Art. 220 Tax Code of the Russian Federation.

When applying for a deduction through an employer deduction for at least 1 month is lost, since the employer stops withholding tax from your salary only from the month when you provide the corresponding confirmation from the tax office. And the tax office makes confirmation within 30 days from the date of receipt of your request. You can submit a request in the middle of the year, which means you will lose your deduction for 6 months and so on.
If you decide to return the deduction for the lost 1 month, then at the beginning of the next year you will need to submit a 3-NDFL declaration for the previous year, which corresponds to receiving a deduction through the tax office.
According to the Letter of the Ministry of Finance of the Russian Federation dated July 15, 2014 No. 03-04-05/34402.

Any citizen of the Russian Federation is obliged to pay personal income tax on income (whether wages, gifts, winnings, dividends on shares and many other receipts). Its size in most cases is fixed at 13%. However, Russian legislation provides for the possibility of reducing the amount of income subject to personal income tax when making large purchases, paying for treatment, training, and a number of other cases established in the Tax Code (Tax Code of the Russian Federation). This occurs through a tax deduction - that is, a reduction in taxable income, or a return to citizens of funds previously paid in the form of personal income tax.

In this article we will look at how to get a tax deduction for the purchase of an apartment and also what documents are needed to apply for the deduction.

Who is entitled to a tax deduction?

The Tax Code of the Russian Federation provides for several tax deductions (Articles 218-221):

• Standard (for health benefits, persons with children under 18 years of age);
• Social (for example, for study, voluntary health insurance, treatment, etc.);
• Property (when buying or selling real estate);
• Professional (for a number of professions, occupation);
• For transactions with securities and other transactions on the financial market.

To receive a standard deduction, for example, for a minor child, it is enough to write a corresponding application to the accounting department at the place of work and provide a birth document and a certificate of education of the child. When purchasing real estate, the conditions for receiving a deduction and the procedure for registering it are somewhat different.

To qualify for such a deduction in 2018, you must meet a number of conditions:

• Be a Russian tax resident (resides in the country for more than 183 days a year);
• Receive income subject to personal income tax at 13%;
• Have properly executed documents confirming the purchase (transaction);
• Submit a completed declaration to the tax authorities (to the Federal Tax Service).

Important: if a citizen does not have taxable income, or the citizen is exempt from paying personal income tax, he will not receive a deduction. So, they cannot take advantage of the deduction:

• Unemployed citizens receiving benefits;
• Entrepreneurs under a special tax regime.

Pensioners receiving a state pension also have the right to receive a deduction if they have taxable income in excess of the pension, and they also have the right to receive a deduction for previous tax periods (when they worked). Minor children do not receive a deduction; parents can use this right for them.

In addition, the maximum tax deduction for the purchase of an apartment (real estate) is provided once. That is, having once taken full advantage of such a deduction after purchasing an apartment, subsequently (when purchasing a second, third, etc. real estate) the same citizen cannot claim it. In this case, it is logical to issue a deduction for one of the other family members who is an income tax payer.

Tax deduction when purchasing an apartment with a mortgage

A property deduction is a reimbursement (return) to the taxpayer of part of the funds spent on the purchase at the expense of taxes previously paid to the state.

In general, you can apply for a tax deduction when buying an apartment if:

• Income tax is paid by a citizen in the amount of 13% (general tax regime);
• The cost of an apartment that is eligible for a personal income tax refund is no more than 2 million rubles.

It turns out that it is possible to return up to 260 thousand rubles (this is the maximum). However, the Tax Code of the Russian Federation establishes an exception for real estate purchased with a mortgage (mortgage loans).

With such a purchase, citizens are given, in addition to the limit of 2 million of their own funds, 3 million of the lender’s (bank’s) funds.

The maximum deduction when purchasing a mortgaged apartment is 650 thousand rubles. In this case, you must submit documents to the Federal Tax Service about the purpose of the loan (for the purchase of housing), as well as a bank statement with a report on the flow of funds in the account (to pay for the purchase).

How to get a tax deduction

The application for deduction must be supported by relevant documents. To do this you should:

• fill out a complete set of documents for a tax deduction when purchasing an apartment;
• prepare form 3-NDFL.

The period for verification and decision-making by the Federal Tax Service takes up to 90 days. In the positive case, tax authorities transfer an amount equal to the tax deduction to the account specified by the citizen. You can use the funds received at your own discretion.

Exception: purchasing an apartment with a mortgage. Here, the deduction amounts will be transferred to the citizen’s account in equal shares annually, in payment of the loan. The term is set depending on the loan agreement. So, if a citizen is entitled to a maximum deduction of 650 thousand rubles, and the loan term is set for 10 years, the tax office will transfer 65 thousand rubles annually to pay the mortgage.

If the borrower pays off the mortgage loan earlier than the deadline established in the agreement, he will be able to receive the amount of tax deduction due to him in subsequent periods and dispose of it at his own discretion.

Necessary documents for tax deduction for an apartment

In order to apply for a tax deduction for an apartment, the tax office, in addition to the application itself, must provide a package of documents:

• Declaration 3-NDFL;
• Certificate 2-NDFL (about the amount of wages) of the citizen;
• Purchase agreement, or act of putting housing into operation, etc.;
• Loan agreement (if the apartment is purchased with a mortgage) and bank account statement;
• Your account details for crediting the tax deduction amount.

It should be remembered that a citizen has the right to receive the deduction amount both by transferring funds to a bank account (at once) and through a “tax holiday”, when the employer, according to a certificate from the Federal Tax Service, does not deduct income tax from the employee’s salary until the required amount is reached.

Cases in which the tax office will refuse to give a deduction for an apartment

Although the legislation regulates in sufficient detail the issues of providing a tax deduction, there is a possibility that the tax office will refuse to receive it:

• The apartment (housing) was purchased with subsidies (targeted funds, “maternity capital”, military subsidy, etc.);
• There is no confirmation of taxable income;
• The buyer and seller of real estate are related persons (for example, relatives or employer and employee). In this case, tax authorities may consider the sale and purchase transaction to be sham.

It is also important to remember that there is no statute of limitations for receiving a deduction, that is, you can return part of the money spent on purchasing a home at any time.

Useful video about property tax deduction when buying an apartment:

There is an article in the Tax Code numbered 220, the provisions of which may be useful to taxpayers who are new residents. The essence of the article is that when purchasing or building housing, you can return taxes previously transferred to the budget and receive a property tax deduction. Find out with examples how to return a tax deduction for the purchase of an apartment.

Who can claim the deduction

In order to have the right to a property tax deduction for the purchase of an apartment (this is the name of the tax refund process), the future new resident must:

1. Be .
2. Have official income taxed at a rate of 13%.
3. Purchase or build housing on the territory of the Russian Federation.
4. To purchase or build an apartment, as well as a residential building, use exclusively your own funds. Loans for these purposes also belong to one’s own resources, if maternity capital and other government assistance are not used to repay them. Sponsorship, charitable assistance, as well as corporate assistance from the employer, are also not considered own funds and are not taken into account when deducting property. Receipt of residential premises by inheritance or through privatization does not give the right to a tax deduction.
5. The seller of the purchased housing should not be a close relative of the taxpayer claiming a property tax deduction when purchasing an apartment.

EXAMPLE 1. Sviridova P.I. purchased an apartment for 1,453,000 rubles. Of this amount, 453 thousand is maternity capital. This means that Sviridova can claim a property deduction only for the amount of her own resources in the amount of 1 million rubles (1,453,000 - 453,000).

According to the new legislation, each spouse can receive a property tax deduction up to the cost of the apartment, but not more than 2 million rubles for each. If, for example, an apartment was purchased for 5,000,000 rubles, then both spouses can return the tax for 260,000 rubles, for a total of 520 thousand rubles per family.

Nowadays, many families purchase housing for their children by officially registering apartments or shares in them. Until the age of majority, parents can apply for a deduction for such small owners against their rights.

EXAMPLE 2. The Sinelnikov family purchased an apartment for 3 million rubles and allocated a 1/3 share of it for their little son. The child’s share in value terms is 1 million rubles (3,000,000: 3). How to apply for a tax deduction when buying an apartment in this case?

One of the parents, let’s say that this is the boy’s mother, applies for a tax deduction for his share (1,000,000 rubles) and his son’s share (1,000,000 rubles) and receives a tax refund in the amount of 260,000 rubles. Thus, the mother fully exercises her right to a deduction and will no longer be able to submit an application to the tax authorities in this regard. In this case, the child does not lose anything and, upon reaching adulthood, will be able to receive a deduction for another purchased or built housing.

Guardians can do the same thing - apply for a tax deduction for their pupil.

What expenses can you get a tax deduction for buying an apartment?

The Tax Code specifies the types of expenses that are included in the property deduction amount. These include the funds actually spent:

1. For the construction of an apartment, residential building, room or shares in them.
2. For the purchase of the same objects.
3. For the purchase of land where the house being purchased is located.
4. For the purchase of land for individual housing construction. In this case, the deduction can be received only after the completed house is put into operation. That is, it will not be possible to obtain a deduction for a land plot separately: a residential building must be located on it.
5. On the interest actually paid to the bank for the target loan. This could be a mortgage or any other targeted loan for housing construction. The property tax deduction law does not apply to consumer loans.
6. For the finishing and renovation of an apartment acquired as a property through shared construction. In order for these amounts to be included in the deduction amount, the share participation agreement and the Transfer and Acceptance Certificate must indicate that the apartment is transferred without finishing.

The law defines the types of expenses for the construction or purchase of housing (except for the main amount of costs):

• development of design and estimate documentation;
• purchase of finishing and building materials;
• completion of the building;
• connection to communications (gas, water, electricity);

How much deduction can you get when buying an apartment?

A property tax deduction for the purchase or construction of housing can be obtained in the amount of actual costs, but not more than 2 million rubles. The right to deduction is given to the taxpayer once in his life and it can be used not only for one object. Let's look at an example of how the amount of a tax deduction refund is calculated when buying an apartment.

EXAMPLE 3. Petrovskaya I.P. I bought an apartment for 1,500,000 rubles in 2017. She has the right to a property tax deduction for the entire amount. In 2018, Irina Petrovna acquired a share in a residential building for 1,000,000 rubles. Calculation of the amount of property tax deduction for two objects:

• for an apartment: 1,500,000 rubles;
• for a share in a residential building: 500,000 rubles (2,000,000 - 1,500,000).

In addition to the main costs of purchasing a home, a taxpayer can receive a deduction for the entire amount of interest actually paid for a bank loan taken for the purchase of an apartment or house, but not more than 3,000,000 rubles. But such a deduction is provided only for one residential property.

EXAMPLE 4. Svechnikov M.P. I bought an apartment with a mortgage in 2017, paying 4,000,000 rubles for it. The amount of interest paid on the mortgage amounted to 2,400,000 rubles. Maxim Pavlovich fully exercised his right to a property tax deduction:

• for basic costs - 2,000,000 rubles;
• for bank interest - 2,400,000 rubles.

The remaining interest is not transferred to another object.

The essence of the property tax deduction for the purchase of housing is that the state returns to the taxpayer the previously paid tax. Thus, the size of the deduction in the current year depends entirely on the amount of tax paid: you cannot return something that does not exist.

EXAMPLE 5. Kostina A.I. purchased an apartment in 2017 for 2,500,000 rubles. From her salary, the employer withheld and transferred 54,600 rubles in income tax to the budget for this year. Anna Igorevna has the right to a property deduction in the amount of 2,000,000 rubles or, in other words, she can get back 260,000 rubles of tax (2,000,000 * 0.13).

But in 2017, she will only be able to receive 54,600 rubles - the money that was withheld from her during this year. The remaining amount does not “burn out”, but is transferred to the next year (260,000 - 54,600 = 205,400). If in 2018 she does not have enough tax to refund, she will receive it in subsequent years. And so on, until the deduction amount is fully repaid.

Bank interest deductions are repaid in the same way (3,000,000 * 0.13 = 390,000). Tax refund on interest begins after receiving the full amount for the main costs. This usually lasts for several years. The law does not limit the number of years during which deduction balances can be taken.

In addition, a deduction can also be received for housing purchased earlier, if the right to such a deduction has not been exercised. Only the tax will be refunded for the last 3 years, nothing more.

How to get a tax deduction for an apartment

How to get a tax deduction when buying an apartment? The law gives the taxpayer the right to choose the method of obtaining a property tax deduction for the purchase or construction of housing:

1. Through the tax authorities (transferring money to a bank account).
2. (tax is not withheld from income).

According to the first method, the procedure for obtaining a tax deduction for the purchase of an apartment is as follows:

• wait until the end of the calendar year in which the acquisition or construction of housing occurred;
• collect all necessary documents;
• fill out a tax return in form 3-NDFL;
• submit a package of documents to the tax office at the place of registration.

When can I file a tax deduction when buying an apartment? The law allows you to submit a declaration throughout the entire calendar year: no specific deadlines have been established. It is in the interests of the taxpayer himself to process the deduction faster: the sooner you do it, the sooner you will receive the money.

According to the second method, receiving a tax deduction when buying an apartment is processed at work, and you do not have to wait until the end of the current year. Having received documents for the right to own housing, you must immediately issue a tax notice to the inspectorate and deliver it to your place of work. Based on this notification, the employer will pay wages without withholding tax. Thus, the tax is not refunded and not withheld.

List of documents for obtaining a deduction

The tax return is filled out on the basis of primary documents according to the principle: every figure and every fact is documented.

The package of documents for obtaining a property tax deduction includes:

1. Personal taxpayer with a request for a deduction and indicating a bank account for transferring money.
2. A copy of your ID (passport).
3. Salary certificate form.
4. Completed tax return form.
5. Documents confirming the ownership of housing.
6. A document confirming the source of the appearance of residential real estate (purchase and sale agreement, Transfer and Acceptance Certificate for shared construction).
7. Financial documents for funds spent on the purchase or construction of residential real estate.
8. A loan agreement with a bank, which states that the loan is of a targeted nature.
9. Bank certificates about interest paid on the loan.
10. Birth certificate of children, if housing is purchased for the benefit of minor children.
11. A document establishing guardianship or trusteeship, if residential real estate is acquired by guardians and trustees for the ownership of their minor pupils.

How to file a tax return for property deduction

To receive a tax deduction when purchasing real estate, the declaration can be submitted to the tax office in several ways:

1. When visiting this institution in person.
2. Through the official website of the tax service.
3. Send by post.

All three methods have their pros and cons.

Each taxpayer chooses the method of filing a tax return that suits him best and decides for himself when to submit documents for a tax deduction when purchasing an apartment.

For what period can I get a tax deduction?

How long does it take to receive a tax deduction when buying an apartment? The provisions of Article 220 of the Tax Code do not limit the time limits for applying for a property deduction for the purchase or construction of housing. This means that a new resident, having bought an apartment in 2016, can apply for a tax refund in 5 years or more. But you need to know that the tax will be returned to him only for the last three years from the date of application.

EXAMPLE 6. Ivanskoy P.Yu. bought a home in 2016. If he files a tax return in 2020, he will be refunded taxes for 2019, 2018 and 2017.

Is it possible to get a deduction for the years preceding the year of purchase? The law allows this only for citizens receiving pensions. There is also a limitation here: the deduction can be obtained for the last three years.

EXAMPLE 7. Pavlov G.V. purchased housing in 2018 for 3,000,000 rubles. I have not used the deduction before. In 2016, he applied for a pension and quit his job. From the salary certificate 2-NDFL it is clear that the employer withheld from Pavlov’s income and transferred the following tax amounts to the budget:

• for 2014 - 85,200 rubles;
• for 2015 - 64,500 rubles;
• for 2016 - 35,800 rubles.

In 2017, Grigory Vasilyevich no longer worked and received no income other than a pension.

According to the law, he is entitled to a deduction of 2,000,000 rubles or a 260,000 ruble tax refund. He has the right to receive this money for 2017, 2016 and 2015. Thus, out of 260 thousand, Grigory Vasilyevich will receive only 100,300 rubles (64,500+35,800): the tax amount for 2014 is “lost” for him. If Pavlov resumes his work, he will be able to receive the rest of the deduction in the future.

The Tax Code of the Russian Federation establishes two ways to obtain a deduction for the purchase of an apartment:

• through the employer;
• through the tax office.

The timing of receiving a tax deduction when purchasing an apartment depends on the method chosen.

At the place of work

• The deadline for receiving a notification from the tax office for tax refund through the employer is 30 calendar days.

A certificate of income from the employer in form 2-NDFL and documents can be submitted to the tax authority immediately in the year of purchase of the apartment.

The tax office will check your documents, and after 30 days you will receive a notification, which clearly indicates the amount of property deduction.

At your place of work, you need to write an application for a property deduction, and the accounting department will stop withholding personal income tax from your wages immediately.

There you will be paid the tax that they managed to withhold from the beginning of the year, based on your written application for a tax refund.

Read more about the process of obtaining a deduction at your place of work in the article.

Example

Ignashevich A.V. On September 26, 2016, I bought an apartment with a mortgage for 1,980,000 rubles. On October 3, 2016, I submitted all the necessary documents to the tax office, on November 2, 2016, I received a Tax Deduction Notice in the amount of 257,400 and on the same day handed it over to my employer.

From the earnings of Ignashevich A.V. the employer does not withhold personal income tax and pays wages without withholding tax. Thus, he will receive his tax deduction for the purchase of an apartment monthly.

To a bank account through the tax office

• Deadlines for payment of tax deductions through the Federal Tax Service -120 calendar days.

When you receive a tax deduction when purchasing an apartment directly depends on the correctness of the paperwork.

• According to the Federal Tax Service, the Federal Tax Service will check your right to receive a tax deduction when purchasing an apartment within 3 months from the date of submission of documents, this is called a desk audit.
• If no errors or discrepancies are found, the treasury will transfer money to your card or bank account within 30 days from the date of application.

It is important to understand: 3 months The tax office checks the declaration, approves the payment amount, and the Treasury transfers the tax deduction for the purchase of an apartment within 1 month from submitting an application.

Deadline for receiving deductions online through the tax website

If you submitted an application for a deduction through the taxpayer’s personal account on the Internet, then the deadline for receiving a refund, in accordance with clause 6 of Article 78 of the Tax Code of the Russian Federation, is the same as for a personal visit to the inspectorate - 1 month.

If deadlines were missed

If you submitted documents but did not receive your personal income tax refund within the time limits required by law, then, in accordance with clause 10 of Article 78 of the Tax Code of the Russian Federation, you have the right to compensation from the tax office in the amount of the refinancing rate for each day of such delay.

The period for checking the declaration will be increased if discrepancies, errors in filling out and calculations, as well as lack of information are detected.

Frequent mistakes that lead to longer deadlines

1. Incorrect deduction amount indicated

To purchase an apartment with a mortgage, you used your maternal (family) capital. The purchase price must be reduced by the amount of budget funds, according to

Example

You bought an apartment for 2,340,000 rubles, your money is 1,900,000 rubles, the Pension Fund transferred 440,000. Tax deductions are due only from 1,900,000 rubles.

1. There are not enough supporting documents or they are completed incorrectly

Make sure that every document you sign with the seller includes his passport details, address and Taxpayer Identification Number.

Here you will find everything list of documents for tax refund.

1. You have a tax debt to the budget

Pay it off or indicate in the application for the transfer of a tax deduction the amount minus this debt.

1. You bought an apartment from a close relative

• spouse;
• parents;
• brothers and sisters;

You are not entitled to a deduction for purchasing an apartment. Ground - clause 2 of article 105.1 of the Tax Code of the Russian Federation.

1. The apartment is registered in your name, but someone else transferred the money for it

This provision does not apply to cases of transfer of funds by spouses in a registered marriage.

How to get a deduction faster

For this:

• Check that the documents are correct.
• Submit your 3-NDFL return in January or later.
• The tax office is given 3 months to check and approve the amount of property deduction.
• Without waiting for notifications by mail, go to the tax office and write an application for the transfer of the tax amount to your bank account, if you did not submit an application for a refund immediately when submitting your tax return.

Within 30 days from the date of filing the application, but not earlier than the end of the desk tax audit, the money will be transferred to you.

To speed up the process to receive a property deduction, do not waste time going to the tax office and see how long it will take for the money to be transferred to you, create a Personal Taxpayer Account on the website of the Federal Tax Service https://www.nalog.ru. Documents submitted to the Federal Tax Service in electronic form are processed faster in practice, and you will have to wait less for a tax deduction when purchasing an apartment! To obtain a login and password, you need to contact any tax office or your own with your passport and TIN (then you can do it without a TIN). The password you receive has a limited validity period, so be sure to change your password.