A deduction of 1 million rubles. Tax and tax deduction when selling real estate

Property tax deduction when selling an apartment is one of the types of tax deductions. It represents the right to reduce the tax levied on the state budget when selling real estate. The benefit can be used by individuals and legal entities. The maximum refund amount is reflected in the current legislation. Citizens often encounter problems when determining the amount of deduction. To know in advance how to act in each specific situation, experts recommend familiarizing yourself with the rules for calculating benefits. Additionally, it is worth studying when a refund is provided and who is entitled to a tax deduction. We’ll talk about the specifics of calculating the amount, as well as the nuances of receiving benefits below.

The benefit can be used by individuals who have the status of residents of the Russian Federation. To do this, you must reside in the state for more than 183 days. Individual entrepreneurs who have not used the sold real estate in commercial activities have a similar right. In order for a tax deduction on the sale of an apartment to be granted, certain conditions must be met.

The list of which includes:

• real estate is not used for profit;
• the housing was owned by the citizen for a specified period;
• profit from the sale of the premises is at least 1 million rubles.

Online tax deduction calculator

Period of ownership of property to receive a tax deduction

When figuring out who has the right to receive a deduction, a person will find out that the property must be owned for more than 3 years. This period was valid until 2016. However, subsequent amendments were made to the legislation regarding the provision of tax deductions. Now the period has been increased to 5 years.

However, the three-year period still applies if a person has sold real estate that:

• was registered before 2016;
• passed to the owner by inheritance;
• was given to the current owner by a relative;
• was privatized;
• transferred to the owner of the premises on the basis of a life-long annuity agreement.

In accordance with current legislation, the right of ownership arises in a citizen from the moment of state registration and ends with the transfer of property to a third party. The fact of the transaction must be confirmed by relevant documentation within the prescribed period.

If the property was received by inheritance, the date of commencement of ownership is considered to be the date of opening of the inheritance.

Disputes often arise in a situation where a person wants to sell a share in real estate. Let’s say that initially a citizen owned 1/3 of the apartment. Then, subsequently, he received the remaining 2/3. In this situation, not everyone knows what moment is considered the beginning of the period of ownership. The Ministry of Finance provides clarifications regarding the problem.

Until 2014, it was reported that the period of ownership of the entire apartment should be calculated from the moment when the initial share was registered. However, in 2014, the position of the Ministry of Finance changed. Today, on a share that has been owned for a period not exceeding 3 years, upon sale you must pay tax and receive a property deduction.

Amount of tax benefit

The maximum benefit amount is fixed by law. The tax base can be reduced by up to 1 million rubles from the total expenses that were associated with the purchase of real estate. However, they have to be documented. The costs include not only the price of the property, but also interest on the loan if the property is purchased with bank money, as well as the costs of realtor services and other expenses.

You can use a benefit in a fixed amount when a citizen cannot document the expenses incurred, or their amount is less than 1,000,000 rubles. In another situation, it makes sense to reduce the amount of taxable income by the amount that was actually spent on the purchase.

Calculation of income tax if a benefit is used

Before you receive a tax deduction when selling an apartment in 2019 and return part of the funds, you will need to make a number of calculations. In particular, experts recommend independently determining the amount of income tax when using the benefit.

If the refund is provided in a fixed amount, the calculation will be carried out using the following formula:

Personal income tax = (Amount received upon sale of an apartment - 1,000,000 rubles) * 13%

If expenses that a citizen had to bear are taken into account, the calculation scheme changes. It will look like this:

Personal income tax = (Income - number of confirmed expenses) * 13%

Thanks to the changes that came into force in 2016, possible speculation in real estate was stopped. Now, if the agreement includes an amount of at least 1 million rubles, this does not allow a person to evade paying tax. If the income from the sale of real estate that was purchased in 2016 is less than the cadastral value multiplied by a factor of 0.7, the tax calculation scheme will also change. To determine how much money will be given to the state, the following calculations must be made:

Personal income tax = (Cadastral value of the premises * 0.7) * 13%

It should be taken into account that the constituent entities of the Russian Federation have the right to independently set the period of ownership of real estate and the coefficient.

It’s easier to understand how tax deductions are calculated when selling real estate using a ready-made example.

Let’s say a citizen sold an apartment in 2015. The property was purchased a year earlier. The premises were sold for RUB 3,955,700. In order not to pay tax, the citizen indicated in the contract the price of the property as 950,000 rubles, and the rest of the amount was executed by receipt. The cadastral value of the premises was 3,100,000 rubles. Despite an attempt to evade paying contributions to the state, the citizen will be required to pay 282,100 rubles in tax. The amount was obtained by the following calculations: (3,100,000*0.7)*13%=282,100 rubles.

If common property is sold

The property may be jointly owned. This will also affect the features of obtaining a deduction. Its amount is distributed between the spouses. The action is carried out on the basis of the application. If the document has not been drawn up, the distribution of the due deduction by default is carried out in equal shares.

If there was a sale of property that is in shared ownership, the deduction will be provided in accordance with the size of the share of each owner.

The benefit for selling an apartment can be used at least every year. This feature is fundamentally different from the tax deduction when purchasing an apartment, which is available for use only once in a lifetime. However, there are a number of restrictions. If a person sold several objects at once during the year, a refund will be provided for only one of them.

The process of obtaining a tax deduction

To receive a property deduction when selling an apartment, a citizen will have to follow a procedure.

In particular, the person must:

• Submit a declaration. The document is drawn up in the form 3-NDFL. The paper must be sent to the Tax Inspectorate at the place of registration or stay. The latter is possible only in cases specified by law. The declaration must be submitted by April 30 of the year following the period of sale of the property.
• Prepare an application for a deduction. It must be issued in accordance with the rules.
• Take documents confirming the fact of sale of the apartment and its acquisition, if the return is stated in the amount of expenses that were incurred during the purchase process.
• Pay tax in accordance with the approved benefit entitlement.

Having studied the size and features of receiving a deduction when selling an apartment, a person will find out that the benefit is multi-use in nature. The law allows you to use it every year. Non-residents of the Russian Federation are not eligible to receive a refund. An application to reduce the tax base when selling an apartment will also be rejected if the person has had ownership of the property for less than 5 years. The law allows you to reduce the income received from the sale by the amount of expenses that had to be incurred when purchasing an apartment, or by 1 million rubles if there is no documentary evidence of the expense.

A tax deduction for the sale of an apartment is one of the types of property deductions and represents the right of a citizen, when selling property, to reduce the tax payable to the budget.

Conditions for receiving benefits

Who can take advantage of the benefit:

• individuals living in Russia for more than 183 days (residents of the Russian Federation);
• Individual entrepreneurs who did not use the sold property in commercial activities

Property deduction is provided under certain conditions. In particular:

• the apartment must be owned for at least the period established by law;
• the profit from the sale of the apartment must be at least one million rubles;
• real estate should not be used for profit.

Let's look at each of the conditions in more detail.

Ownership period

Until 2016, the total period of ownership of real estate, which exempts a citizen from paying taxes, was 3 years, regardless of the method of obtaining it. However, since the new year, changes have come into force, increasing the period to five years. The legislator left a three-year period for real estate:

• received as a gift from relatives or by inheritance;
• registered before 2016;
• through privatization or under a life annuity agreement;

The right of ownership arises from the moment of state registration and ends with the transfer of this right to third parties. These transactions must be supported by relevant documents.

Separate rules for determining the period of ownership

When selling an apartment received as an inheritance, the beginning of ownership is considered to be the date of opening of the inheritance.

Controversial issues often arise when selling a share in real estate. For example, the spouse initially owned 1/3 of the share, and subsequently the remaining 2/3 was transferred to her. What moment is considered the beginning of the period of ownership?

According to numerous early clarifications of the Ministry of Finance, given before 2014, the period of ownership of the entire apartment had to be calculated from the moment of registration of the initial share, because a change in the size of the share does not entail a change in the period of ownership of the object.

However, in 2014, the position of the financial department changed and at the moment, a tax must be paid upon sale from a share owned for less than three years and, accordingly, a property deduction can be claimed.

• Worth exploring:

Benefit amount

The benefit can be received in the amount of:

• one million rubles;
• the entire amount of expenses associated with the purchase of real estate, if they are supported by documents.

The costs include not only the amount of the housing itself, but also interest on the loan, realtor services, etc.

It makes sense to apply a benefit in a fixed amount (1 million rubles) when there is no proof of expenses or they are less than a million rubles. In other cases, it would be more appropriate to reduce taxable income by property deduction in the amount of purchase costs.

Calculation of the amount of income tax when applying the benefit

If the tax deduction is claimed in a fixed amount:

Personal income tax = (Income from the sale of an apartment - 1 million rubles) * 13%

And in the amount of expenses incurred:

Personal income tax = (Income - confirmed expenses) * 13%

It is worth noting that with the changes that came into force in 2016, the legislator stopped possible speculation in real estate. Now the amount indicated in the contract is less than 1 million rubles. for tax evasion will not deprive the person of the obligation to pay tax.

If the income from the sale of real estate purchased in 2016 is less than its cadastral value multiplied by a factor of 0.7, the tax will be calculated as follows:

Personal income tax = (Cadastral value * 0.7) * 13%

It should be noted that the constituent entities of the Russian Federation have the right to set the tenure period and coefficient themselves.

• Read also the article -

Example of tax calculation using tax deductions

Situation #1

Yudin S.K. in 2014, a one-room apartment was inherited from my grandmother. In 2015, he sold it for RUR 1,245,780. Since there is no confirmation of expenses and the tax deduction is declared in the amount of 1 million rubles, the amount payable will be 31,951 rubles:

(1 245 780 — 1 000 000) * 13%

Situation No. 2

Serdechnov V.A. in 2014 purchased an apartment worth 2,432,500 rubles on credit. Interest on the mortgage amounted to 236,000 rubles. In 2016, he sold the property for RUR 3,855,900. Since the expenses are confirmed by relevant documents, Serdechnov can take them into account when calculating personal income tax. In this case, he will need to pay 154,362 rubles to the budget.

(3 855 900 — 2 432 500 — 236 000) * 13%

Situation No. 3

Svetin D. A. in 2015 sold the apartment he purchased a year earlier. The actual transaction amount was 3,955,700 rubles. In order not to pay tax, Svetin indicated in the contract an amount of 950,000 rubles, and the rest of the money was issued by receipt. The cadastral value was 3,100,000 rubles. Despite the fact that the amount under the agreement is less than the fixed amount of the tax deduction, Svetin will have to pay income tax to the state in the amount of 282,100 rubles.

(3 100 000 * 0,7) * 13 %

Features of claiming benefits when selling common property

The tax deduction on the sale of common joint property is distributed between the spouses according to the application for its distribution. If this statement is not present, by default it will be divided in equal shares.

When selling real estate that is in shared ownership, the property deduction is distributed according to the shares of each owner.

Multiple benefits

The benefit for selling an apartment can be claimed at least every year. This is fundamentally different from the tax deduction for the purchase of real estate, which can only be claimed once in a lifetime.

However, there is a slight limitation. When selling several real estate properties in one year, a tax deduction of 1 million rubles. can only be represented by one object.

How to get a benefit?

Procedure:

1. It is necessary, before April 30 of the year following the year in which the property was sold, to submit a declaration in form 3-NDFL to the Inspectorate at the place of registration or stay (in cases specified by law).
2. Submit an application for a tax deduction.
3. Collect documents confirming the sale of real estate and its purchase, if a tax deduction is claimed in the amount of purchase expenses.
4. Pay the tax taking into account the confirmed right to the benefit.

Having considered the main features of applying for a tax deduction when selling real estate, we will briefly outline the key points:

• the benefit is multi-use and can be claimed every year;
• income received from the sale may be reduced by the amount established by law of one million or by the amount of costs of purchasing an apartment, if they are supported by documents;
• Since the new year, changes have come into force, increasing the tenure of the property being sold to five years;
• Non-residents of the Russian Federation are not provided with the benefit.

Still have questions? Write your question in the form below and receive detailed legal advice:

Limits on most tax deductions (for education, for treatment, etc.) are established only within one calendar year: each calendar year the “limit” is reset, and the deduction can be received again. In contrast, the property deduction for the purchase of a home contains more serious restrictions: both the maximum deduction amount and the number of times it can be used during one’s lifetime are legally limited.

Until 2014, there were restrictions according to which tax deductions for housing purchase expenses and loan interest could be obtained only once in a lifetime and only for one housing property. Since 2014, the deduction was allowed to be received for several residential properties, but the new rules were allowed to be applied only to new transactions (concluded after the entry into force of the new law). In this regard, many questions arose: in what cases what deduction restrictions apply? If you used the deduction earlier, in what cases can you “receive” it when purchasing a new home? Is it possible to get a deduction for credit interest if you previously only used the deduction for the purchase of housing?

In this article we will try to answer all these questions.

Note: The key factor on which the property deduction restrictions depend is the date of purchase of the property for which you receive (or want to receive) the deduction.
“Date of purchase of housing” For the purposes of this article, the following should be considered:
- the date of registration of ownership of housing according to an extract from the Unified State Register of Real Estate when purchasing under a purchase and sale agreement;
- the date of the transfer deed when purchasing housing under an agreement of shared participation in construction.

Deduction limits for housing purchased before January 1, 2014

If you purchased housing before 2014 and received (or plan to receive) a property deduction for it, then the “old” rules apply to you, according to which you can receive a deduction strictly only one property at a time(paragraph 27, paragraph 2, clause 1, article 220 of the Tax Code of the Russian Federation, as amended, valid until 01/01/2014) and in an amount of no more than 2 million rubles. (260 thousand rubles to be returned). Moreover, even if you received a deduction less than the maximum amount, you will not be able to receive it additionally when purchasing another home.

Example: In 2008, Levashov I.I. bought an apartment for 500 thousand rubles. and received a tax deduction for it (returned 65 thousand rubles of taxes paid). When purchasing an apartment in 2016, Levashov I.I. will not be able to use the deduction again, since until 2014 the property deduction was provided only once for one housing property

Deduction for credit interest for housing purchased before January 1, 2014, had no restrictions on the amount(it was possible to return 13% of all mortgage interest paid), but you could only get it for the same property for which you received the main deduction(deduction for purchase expenses). This is due to the fact that until 2014, the main property deduction and the interest deduction were not separated and constituted a single type of deduction (Article 220 of the Tax Code of the Russian Federation, as amended, valid until 01/01/2014).

Example: In 2012, Ivanchenko A.A. I bought an apartment and received a tax deduction for it. In 2013, Ivanchenko bought another apartment with a mortgage and wanted to get a deduction on loan interest. The tax office legally denied him the deduction, since for housing purchased before January 1, 2014, the main deduction and interest deduction could only be received for a single housing property.

Deduction limits for housing purchased after 2014

Since January 1, 2014, significant changes have been made to the Tax Code of the Russian Federation, according to which, if the tax deduction for the purchase of an apartment/house is not received in the maximum amount (i.e. from an amount less than 2 million rubles), then the remainder can be received when purchasing other housing properties (paragraph 2, paragraph 1, paragraph 3, article 220 of the Tax Code of the Russian Federation).

Example: In 2016, Ukladova T.I. I bought a room for 500 thousand rubles. and received a property deduction (returned 65 thousand rubles). In 2017, she bought an apartment for 3 million rubles. Ukladova T.I. will be able to receive an additional property deduction for the purchase of an apartment in the amount of 1.5 million rubles. (to be returned 195 thousand rubles).

New rules also began to apply to the deduction for credit interest on housing purchased after January 1, 2014:

• the deduction for credit interest is not related to the deduction for expenses for the purchase of housing and can be obtained for a separate object;
• the maximum deduction for credit interest is 3 million rubles. (to be returned 390 thousand rubles);
• unlike the deduction for expenses for the purchase of housing, the deduction for credit interest can be received only once in a lifetime for one property;

Example: In 2016, Panyukov E.I. bought an apartment worth 8 million rubles. To buy an apartment, he took out a mortgage in the amount of 6 million rubles. (on which he will pay interest in the amount of 3.5 million rubles) Panyukov E.I. will be able to receive a basic property deduction in the amount of 2 million rubles. (to be returned 260 thousand rubles), as well as an interest deduction in the amount of 3 million rubles. (to be returned - 390 thousand rubles).

Example: In 2014, Epifanova T.K. I bought an apartment and received a property deduction for purchase costs. In 2017, she bought a new apartment with a mortgage and will be able to receive a deduction for the loan interest paid.

Example: In 2014, Cherezov A.A. I bought an apartment worth 1 million rubles with a mortgage. Cherezov A.A. received a deduction for purchase expenses and a deduction for credit interest. In 2017, he purchased another apartment worth 3 million rubles. (also using credit funds). Cherezov A.A. will be able to receive an additional deduction for purchase expenses (since he did not use it in full), but will not be able to receive an additional deduction for credit interest, since it is provided only for one property.

Is it possible to receive an additional deduction if I used it earlier for housing purchased before January 1, 2014?

As we indicated above, according to the current Tax Code, if the deduction is not received in the maximum amount (i.e. from an amount less than 2 million rubles), then the balance can be received when purchasing other housing properties (paragraph 2, paragraph 1, p. 3 Article 220 of the Tax Code of the Russian Federation).

However, unfortunately, this rule does not apply if you have exercised the right to a deduction for housing purchased before January 1, 2014. In this case, you will not be able to receive the rest of the deduction when purchasing another home. This is due to the fact that the new rules apply only to legal relations that arose after January 1, 2014. If housing was purchased before January 1, 2014, then it is considered that you took advantage of the property deduction according to the “old rules”: the deduction is provided only once in a lifetime for one property (Article 220 of the Tax Code of the Russian Federation, in force before January 1, 2014) . However, repeated receipt of the deduction (even for housing purchased after January 1, 2014) is not allowed.(Clause 2 of Article 2 of Law N 212-FZ, Letter of the Federal Tax Service of Russia dated 09/18/2013 No. BS-4-11/16779@, Letter of the Ministry of Finance of Russia dated 03/07/2017 No. 03-04-05/12936, dated 07/26/2016 No. 03-04-05/43559).

Example: In 2006, Sidorchuk F.M. bought an apartment worth 500,000 rubles and received a tax deduction from it (returned income tax in the amount of 65 thousand rubles). In 2015, Sidorchuk F.M. bought a new apartment worth 3,000,000 rubles and, having read about changes in the law, wanted to receive the rest of the deduction in the amount of 1,500 thousand rubles from the new purchase. In the deduction for the new apartment to Sidorchuk F.M. was refused because he had already taken advantage of the deduction for housing purchased before 2014.

Is it possible to get a deduction for credit interest if you previously only used the deduction for purchase expenses?

The situation often arises that a person received the main property deduction for housing purchased before January 1, 2014, but did not take advantage of the credit interest deduction. In this case, the question arises - is it possible to get a deduction on interest when purchasing a new property? After the changes to the Tax Code of 2014, regulatory authorities for a long time could not come to a common position: opinions were both positive and negative. However, Letter of the Federal Tax Service of Russia dated May 21, 2015 N BS-4-11/8666 put an end to this issue and, fortunately, in favor of taxpayers.

According to this letter (mandatory for use by tax authorities), if you exercised your right to the main property deduction before 2014, then when purchasing a home with a mortgage after January 1, 2014, you will be able to receive a credit interest deduction. This position is confirmed by the Ministry of Finance of Russia in its letter dated April 27, 2016 No. 03-04-05/24331.

Example: In 2013, Shchitov M.A. bought an apartment and received the main property deduction. In 2017, he bought a new apartment with a mortgage. Shchitov M.A. can take advantage of a deduction for the mortgage interest paid on a new apartment, despite the fact that he previously received the main deduction for another apartment.

Example: In 2012, Dikonov A.A. bought an apartment and received a property deduction for the costs of its purchase. In 2013, he bought a second apartment with a mortgage and wanted to get a credit interest deduction on it. However, he was denied the deduction, since a separate deduction for credit interest is only possible for housing purchased after January 1, 2014. If in the future Dikonov A.A. buys a new home using credit funds, he will be able to receive a deduction for the interest paid.

Example: In 2013, Zelenskaya Yu.V. I bought an apartment with a mortgage and received a deduction for purchase costs and loan interest paid. In 2017, she purchased a new apartment with a mortgage. Since the right of property deduction (basic and interest) Zelenskaya Yu.V. If she used an apartment purchased before January 1, 2014, she will not be able to receive a deduction again (both basic and interest).

Receipt of deductions before January 1, 2001 is not taken into account

In conclusion of the article, we note that until 2001, the property deduction was provided on the basis of the Law of the Russian Federation of December 7, 1991 N 1998-1 “On personal income tax.” This law became invalid on January 1, 2001. Therefore, if you claimed a property deduction and all payments on it were made before January 1, 2001, then you can assume that you did not use the deduction. When purchasing another home (after January 1, 2001), you can again receive a property deduction (Letters of the Ministry of Finance of Russia dated February 13, 2014 N 03-04-05/5889, dated July 24, 2013 N 03-04-05/29229).

Example: In 1998, Klestova Ya.F. I bought an apartment. In 1999 and 2000, she submitted 3-NDFL returns to the tax office and received a full property deduction. In 2013, Klestova Ya.F. I bought an apartment again. Since she received the full deduction before January 1, 2001, when purchasing an apartment in 2013, she will be able to take advantage of the property deduction again (according to the rules of Article 220 of the Tax Code of the Russian Federation).

Example: In 1999, Ezhov N.N. bought an apartment. In 2000, 2001, 2002 and 2003, he applied to the tax office to receive a property deduction. In 2017, Ezhov N.N. bought a second apartment. Since part of the payments for the deduction was made after January 1, 2001, N.N. Ezhov can receive a property deduction for the apartment purchased in 2017. can not.

Last updated June 2019

Receipt of almost any income is subject to taxation. What tax on the sale of apartments must the owner pay? Income tax or, as correctly, personal income tax. All real estate owners need to know that the sale of housing is not always taxable:

• If the apartment has been owned for more than 3 years (since 2016 - 5 years) - tax exemption.
• If it is sold cheaper than purchased (but more expensive than 70% of the cadastral value), then you do not have to pay anything.

Tax rate

Individuals pay income tax on all their income. The sale of residential premises is directly related to personal income tax. Tax rates:

• For residents – 13% (from sales income);
• For non-residents – 30% (from the full sale price).

What is taxed?

• for property deductions (only for residents);
• for the expenses incurred by the owner of the apartment when he bought it.

That is, choose from 2 options for a specific property only one thing or a property deduction (1 million rubles) or the cost of its purchase.

This article will discuss the sale of residential real estate and accounting for a property deduction of 1 million rubles. (apartments, houses, privatized dachas, rooms, land plots, as well as shares in this property). Property such as garages, parking spaces, unfinished buildings, cars are other property. When selling it, you can use a property deduction of only 250 thousand rubles. (cm. ).

Determining the tenure of real estate

How to determine whether the deadline has passed after which you can sell an apartment so as not to pay tax? Almost always the reference date is reflected in the certificate of ownership (extract from the State Register). There are three exceptions:

• inheritance - the countdown when receiving an apartment as an inheritance begins from the date of death of the testator.
• cooperative - the day of payment of the last share or signing of the transfer deed. This is the date on which the title to the apartment is transferred from the cooperative to the owner.
• if the property was registered before 1998, then a certificate was not issued for it. Documents of that time are taken into account (purchase and sale, BTI certificates, etc.).

Some situations have their own nuances, for example:

There were several apartment owners. One of them buys out all the shares and becomes the sole owner of the property. Should he pay tax if at the time of sale of the apartment less than 3 (5) years have passed from the transaction for purchasing shares? No, because the change in shared ownership does not matter. If more than 3 (5) years have passed since the original registration date, you do not need to pay personal income tax.

Owners of private houses can complete their construction. In this case, is it necessary to pay tax when selling real estate if the completed part of the housing has been owned for less than 3 (or 5) years? If the external boundaries of the house have been changed (amendments have been made to the cadastral plan), then personal income tax will have to be paid.

Sale of an apartment purchased before 2016

If you sell real estate before 3 years after registering the property and make a profit, then the income received will be subject to personal income tax. To reduce your tax amount, you can use:

• Deduction - one million rubles. The seller of an apartment that has been owned for less than 3 years has the right to receive a deduction of 1 million rubles only once per tax period (per year). That is, when selling 2 or more properties per year, it can only be used for one.
• The cost of its acquisition- that is, the tax is paid on the difference between the income from the sale and the initial cost of acquiring the property.

Example 1: The apartment was sold for 10.6 million rubles, bought for 8.4 million rubles, personal income tax can be calculated in two ways, the second option is more profitable (the owner has the right to choose the tax calculation option that will be most beneficial to him):

• (8.4 – 1) x 13% = 962,000 rub.
• (10.6 – 8.4) x 13% = 286,000 rubles.

In most cases, there is no point in using a property deduction. As a rule, it is used if:

• the cost of purchasing housing is less than 1 million rubles (it is easier to use this deduction than to confirm purchase expenses);
• the apartment was inherited (there will also be few expenses that can be used to reduce the tax base);
• was not a gift from a close relative;
• sale of a donated apartment (from a close relative) in the next 3 years after the donation.

Sale of an apartment registered after January 1, 2016

Changes in taxes when selling an apartment in 2016 affected:

• Length of tenure, in which income from its sale is subject to taxation equal to 5 years (60 months).
• Real estate registered since January 1, 2016.
• Tax base: the tax on the sale of an apartment is calculated from the largest amount, after comparing the contract price and the cadastral value.

For whom are these rules relevant?

• Firstly, the tax on the sale of apartments for individuals. This does not apply to IP.
• Secondly, the law applies to real estate that is not used in commerce.
• Thirdly, the innovations apply to real estate registered after January 1, 2016. For real estate acquired before 2016, tax exemption remains if the ownership period exceeded 3 years (36 months).

Example 2: The living space was purchased in June 2015 and sold in July 2018. Therefore, there is no need to pay personal income tax on the sale, since it was owned for more than three years.

The 3 year tenure remains:

However, there are exceptions. Duration of ownership of real estate 3 years for subsequent sale without paying tax in 2019, remains for:

• apartments that were inherited by their owners;
• property transferred as a gift by close relatives (in accordance with Article 14 of the Family Code);
• real estate registered during the end of privatization;
• property received under a rent agreement.

Now the cadastral value of real estate is taken into account in calculations

Already in 2016, it is necessary to take into account the cadastral value of housing. Amount subject to taxation – maximum amount:

• Or negotiable price;
• Or the cadastral value multiplied by a factor of 0.7.

In other words, it is necessary to compare the price at which the apartment was sold and its actual cadastral value, multiplied by a factor of 0.7. You must pay tax on the highest of these values.

Example 3: A citizen purchased an apartment in 2017 worth 5.8 million rubles, a little later he sold it for 7.3 million rubles. The cadastral value is 8.9 million rubles. If the cadastral value is multiplied by a factor of 0.7, then the amount is equal to 6.2 million rubles. will be less than the stated contract price. Therefore, income tax will need to be calculated on the contractual sales value of 7.3 million rubles. Personal income tax = (7.3 – 5.8) x 13% = 195,000 rubles.

The cadastral value of real estate must be determined as of 01/01/2016. If regional authorities have not carried out an assessment, then for personal income tax purposes they still take the negotiated sales price. Similarly, the calculation will be made from the cadastral value.

In situations where the cadastral value of the property is less than or equal to the deduction for the sale of an apartment (1 million rubles), there is no need to pay tax, but if it was owned for less than 3 (5 years), the citizen is not exempt from filing a declaration.

Example 4: A citizen purchased a house in May 2017 for 672,000 rubles, and in January 2018 he sold it for 953,000 rubles. It is more profitable to choose a property deduction:

• (953,000 – 1,000,000) x 13%) - no tax payable.
• (953,000 - 672,000) x 13% = RUB 36,530.

As before, property owners can exercise the right not to apply a tax deduction, but to pay income tax on the difference between the sale price and the original purchase price of the property, if this is more profitable for them.

Example 5: In 2017, a room was purchased for 1,300,000 rubles, in 2019 it was sold for 1,250,000 rubles. It is more profitable to use the purchase expenses rather than the property deduction, then there is no tax to pay (1250,000 - 1300,000) x 13% = 0.

If the apartment being sold was given as a gift or inherited

In this case, when selling it (previously 36 months) after:

• dates of inheritance (day of death of the testator);
• date of registration of property (if donated).

There are no expenses when purchasing it, and expenses (state duty, etc.) are not comparable to the sale price. Therefore, it is more profitable to take advantage of the property deduction of 1 million rubles. Moreover, you can either use deductions or expenses. That's why most people choose deduction.

Example 6: The citizen entered into an inheritance in 2017 and sells the inherited apartment in 2018. The estimated value was 2.5 million rubles, the cadastral value is 2.6 million rubles, he sells the apartment for 2.3 million. Since he owned it for less than three years , you need to pay tax, and the estimated (or cadastral) value of real estate cannot be taken into account as expenses, because it is inherited. We compare the cadastral with the contractual one (2.6 million * 70%) = 1.82 million. That is. the contractual one is higher, so the calculation will be made from the contractual one: (2.3 -1 million (deduction)) * 13% = 169,000 rubles. And if you do not sell the apartment within 36 months, then you do not have to pay any declaration or tax.

Example 7: The mother gave her daughter an apartment in 2018 (due to close relatives), but the daughter sold the apartment in 2019 for 1.8 million rubles. The tax will be: (1.8 - 1 million) * 13% = 104,000 rubles.

What about non-residents?

A tax resident is an individual (regardless of whether he is a citizen of the Russian Federation or a foreigner) who continuously stays in the Russian Federation for at least 183 days within a calendar year. If an individual spends most of the year abroad, then he is a non-resident of Russia.

Previously (until 2019), non-residents paid a tax of 30% on the sale of residential space, regardless of when and on what grounds the apartment/house/room was purchased.

Now the tax code has been amended. And a non-resident is exempt from paying personal income tax if he owned real estate:

• 3 years- when it was purchased before 2016 (or inherited or donated by a close relative);
• 5 years- if you became the owner after 01/01/16.

However, neither a deduction of 1 million, nor a deduction for the purchase of housing of 2 million, nor taking into account the amount of expenses when purchasing it do not apply to them. It turns out that it is better for a non-resident to wait 3 (5 years), otherwise a tax of 30% will have to be paid in full on the amount of the sale of the apartment.

Sale and purchase of apartments in the same year

Is it necessary to pay tax on the sale of an apartment if at the same time (or simply in the same year) one apartment was sold and another, more expensive or cheaper, was bought? Yes, if the sold apartment was sold for more than it was bought for. That is, a profit was generated. But if you have never used a property deduction (as a buyer, 2 million rubles), then you can reduce the tax payable in a given year. In this case, the property owner has the right to receive two tax deductions at once:

• for the purchased apartment, if the right to deduction (2 million rubles upon purchase) was not used earlier (or has not been used in full since 2014).
• when the apartment is sold(1 million rubles), if this deduction was not used in the year the property was sold for another object (if it is more profitable to use the purchase price, then you can use the costs of its acquisition rather than the deduction).

Property deduction of 2 million rubles when purchasing an apartment

When purchasing property, a taxpayer can take advantage of a property deduction in the amount of 2 million rubles. But a taxpayer can receive such a deduction only once in his entire life. When purchasing housing after 2014, if the citizen had not previously used the deduction for the purchase, the deduction can be claimed for different real estate objects, if one has not been fully repaid. That is, distribute the deduction to different purchased housing.

To receive a deduction when buying an apartment, you must:

• the property must be located on the territory of the Russian Federation;
• You can only get funds for a purchase as a loan from domestic credit companies;
• be a resident of Russia;
• document the transaction and your level of income.

When real estate is purchased, the deduction reduces other income received by the taxpayer (wages, sales of other property subject to taxation).

Example 8: In 2018, a citizen purchased an apartment worth 1.35 million rubles. His average salary per month is 120 thousand rubles, and in the 2-NDFL certificate for 2018, his income was 1,440,000 rubles. He can take advantage of the deduction upon purchase and reimburse personal income tax in the amount of 175,500 rubles (1.35 million * 13%), and he will also have a balance left (2 million - 1.35 million = 650 thousand rubles), which will go to for other property upon purchase. When in 2019 he purchases a house for 1.62 million rubles. , he can reimburse the balance (at the same salary level) and return 84,500 rubles. (13% from 650,000 rubles), tax withheld from his salary in 2019.

Deductions for the sale of one apartment and the purchase of another, if the citizen did not previously use the deduction of 2 million

Tax calculation after the sale of an apartment that has been owned for less than 3 (5) years can be carried out only in one of two ways:

• Using deductions;
• By reducing income by expenses incurred in the original purchase of this apartment.

Let's consider several typical cases when a citizen sold one property and acquired another one in the same year. At the same time, he has not yet taken advantage of the tax deduction for purchases (2 million rubles):

The apartment for sale was a gift (inheritance) or costs less than 1 million rubles.

Example 9: An apartment received as an inheritance was sold for 3.4 million rubles, in the same year another was purchased for 2.8 million rubles, the citizen had not used the 2 million deduction before: (3.4 million - 1 million (deduction upon sale)) = 2.4 million - taxable base. Then 2.4 million - 2 million (deduction upon purchase) = 400,000 rubles. new tax base after receiving the deduction. The tax payable will be 52,000 rubles. (400 thousand rubles * 13%).

Example 10: An apartment was sold for 3.5 million rubles, it was previously purchased for 0.8 million rubles. Then a second apartment was purchased for 3.1 million rubles. Since the purchase price of the first apartment (800 thousand rubles) is less than the deduction of 1 million, it is more profitable to take advantage of the deduction. The tax base for the sold apartment will be (3.5 - 1 million) = 2,500,000 rubles. Then you can use the deduction of 2,500,000 - 2,000,000 = 500,000 rubles, the tax will be 65,000 rubles.

If the apartment being purchased is less than 2 million rubles.

Example 11: The inherited apartment was sold for 2.3 million rubles, a new apartment was bought for 1.5 million rubles. Using the deduction, the taxable base was 2.3 - 1 million rubles = 1.3 million rubles. it can be reduced by 1.5 million rubles, i.e. 1.3 -1.5 = - 0.2 million rubles. Here it turns out - 200,000 rubles. those. must reimburse 13% of the tax from the budget, which is 26,000 rubles. And only if a citizen receives such income this year (certificate from the employer 2NDFL), then he will receive 26,000 rubles from the budget.

Example 12: The apartment was sold for 4.3 million rubles, it was previously bought for 2.1 million rubles. Then a second apartment was purchased for 1.7 million rubles. The tax base upon sale will be 4.3 - 2.1 = 2.2 million rubles. We reduce it by 1.7 million rubles. 2.2 -1.7 =0.5 million rubles. On this amount you need to pay a tax of 500,000 * 13% = 65,000 rubles.

If the apartment being purchased is more than 2 million rubles.

Example 13: In 2018, a citizen sold an old apartment for 4.8 million rubles. (bought for 3.5 million rubles), and purchased a new one for 3.1 million rubles. The right to take advantage of the deduction when purchasing a new apartment from a citizen has not yet been used (RUB 2 million):

• The first method of calculating personal income tax: (4.8 – 1 (deduction on sale) – 2 (deduction on purchase)) x 13% = 234,000 rubles.
• The second method of calculating personal income tax: (4.8 – 3.5 (expenses)) = 1.3 million rubles. Since a new apartment costs more than 3.1 million rubles, we can take advantage of the full deduction of 2 million rubles. We reduce the deduction by 1.3 - 2 million rubles. = - 0.7 million rub. That is, it turns out to be “minus” and if a citizen’s income for the year (personal income tax certificate 2) is 700,000, then 13% (91,000 rubles) will be returned to him from the budget. If, for example, wages for the year amounted to 500 thousand rubles, then the tax refund will be 65 thousand rubles. And the remaining tax of 26,000 can be reimbursed next year.
• It turns out that option 2 is more profitable for the taxpayer.

However, some tax authorities believe that you can use only one deduction (1 million for sellers), and only then declare another (2 million for buyers). Here you can argue with the tax office. Such arguments are appropriate if a citizen sold a home, for example, in 2018, and purchased a new one in 2019, i.e. the transactions were not in the same tax period. The taxpayer pays tax only on the difference of all his income and all expenses, and if the purchase and sale were made in the same year, then he can take advantage of both a deduction for the purchase and a deduction for the sale.

Selling a share of an apartment

When selling a share of real estate, you can also reduce the tax base by the costs associated with the purchase of this share (proportionally). Documents confirming the purchase price must be provided for verification along with the declaration. In this case, there may be several nuances:

Accounting for the purchase price of an apartment when selling a share

Example 14: in 2017, a citizen bought a share in an apartment for 2.3 million rubles, then sold it for 2.5 million. Owned the share for less than 5 years, the tax will be 200,000 * 13% = 26,000 rubles.

As a rule, a share in an apartment is not purchased separately. More often, it becomes a property along with the apartment itself, which was bought by the shareholders (family). Then the costs of purchasing a share are either indicated in the purchase and sale agreement for the apartment itself, or are determined using a simple formula (if the price of each share is not indicated in the agreement):

Total purchase cost x Share size = Share purchase costs

Example 15: The couple purchased an apartment for 4.3 million rubles, in shared ownership of 1/2 share. A year later, the apartment was sold for 4.5 million rubles. Those. the family received income from the sale (4.5 -4.3) = 200,000 rubles. But everyone must submit a declaration and pay the same amount (4.5 million/2 - 4.3/2) * 13% = 13,000 rubles. Both husband and wife received an income of 100,000 rubles. from the sale of their share, so everyone pays a tax of 13 thousand rubles.

Accounting for a property deduction of 1 million when selling a share of an apartment

When selling property that is in shared ownership, the full amount of the deduction (1 million rubles) can be taken into account, but must be distributed among the co-owners only IN PROPORTION to their shares. Since such a deduction is provided for the property, and not in relation to each seller and not for each share. It turns out the following:

• You can use the full deduction if you sell the share separately, as a separate object (i.e., each owner sells his share under a separate purchase and sale agreement, and the buyer will receive several Certificates of ownership (agreements with each seller)), Letter from the Federal Tax Service dated 25 July 2013 N ED-4-3/13578, Letter of the Federal Tax Service dated November 2, 2012 N ED-4-3/18611.
• If you sell the apartment as a single object, together with other owners (including your share), then a deduction in the amount of 1 million rubles. will be distributed among the owners according to their share.

Example 16: A family of three is selling an apartment received by inheritance, therefore, the purchase price cannot be taken into account in expenses, you can only use a deduction. The apartment was sold for 4.6 million rubles, each has a 1/3 share.

• Option 1: One purchase and sale agreement is drawn up, the apartment is sold as a single object. Each of the owners pays such a tax (4.6 million/3 - 1 million/3) * 13% = 156,000 rubles.
• Option 2: A separate purchase and sale agreement is drawn up for each share and the buyer will receive 3 certificates of ownership (extracts from the state register). Here, each owner receives a deduction of 1 million rubles. And the tax payable by each seller will be (4.6 million/3 -1 million) * 13% = 69,333 rubles. However, this option may not suit the buyer of the apartment, and the tax inspectorate may regard such a transaction as tax evasion.

There are situations when one of the shareholders owns the property for more than 3 (5) years and is exempt from filing a declaration and paying taxes, the rest less than 3 (5) years and must report to the Federal Tax Service. Since in the apartment purchase and sale agreement, shareholders can establish any other procedure for the distribution of income, i.e. not tied to the size of their shares, most of the income from the apartment can be distributed in favor of the tax-exempt owner. And sell the apartment as a single object, but indicate in the contract how much each share costs.

Example 17: Mother, daughter and son sell an apartment for 1.8 million rubles. in 2018. The mother has been the owner of her 1/2 share for more than 5 years, and the children entered into an inheritance after the death of their father recently and have owned 1/4 share for less than 5 years. The agreement stipulates that the income from its sale was decided to be distributed as follows:

• daughter and son - each 0.333 million rubles,
• mother (1.8 - 0.333 - 0.333) = 1.134 million rubles.

The mother does not pay tax, since she is exempt from payment, and the children use the deduction: 0.333 million (income from the sale of a share) - 0.333 million (1 million deduction / 3) = 0. There is no tax to pay, but the children have a declaration with supporting documents must submit.

There are also pitfalls here, namely the fact that when selling real estate from 2016, the tax calculation will depend on the cadastral value (at least 70%), and the tax base must be calculated in proportion to the share of the owners. If the contractual value is less than 70% of the share according to the cadastral value, then the calculation is based on the latter, and not the one specified in the contract.

Let's go back to example 17, if the cadastral value of such an apartment is 1.9 million rubles. Then the 1/4 share of the daughter and son will be 475,000 rubles each. To calculate personal income tax, the taxable amount should not be less than 70% of the cadastral amount, namely at least 332,500 rubles, but here the contractual amount is 333,333 rubles, which means the calculation is based on the contract amount, and the daughter and son do not pay tax.

When to file a return and pay tax

Tax calculation (even if it is zero), deduction statement, the fact of sale of property that was owned for less than 3 (5) years must be reflected in the 3-NDFL declaration.

• Deadline for declaration- in the next year after the sale/purchase of the apartment - until April 30.
• Tax payment deadline- if there is tax to pay, until July 15.

To save on filling out the declaration (on average, private organizations charge 500 - 2000 rubles for filling it out), you can figure it out yourself; there’s nothing complicated about it. You should download the program and fill it out intuitively, see (here you can see how to fill out information about yourself, and enter different codes):

• Income code:
  • 1510 - negotiated amount for the sale of an apartment, house
  • 1511 - negotiated amount of the share of an apartment, house
• Expense/deduction code
  • 901 - if the property deduction is 1 million rubles.
  • 903 - if the costs for its acquisition are confirmed.

Documents attached to the declaration

Attach copies of all documents confirming the transaction to the 3-NDFL declaration:

Presentation methods:

• Mail - you can send a package of documents by mail with a list of attachments; the date of sending is considered the date of receipt of the documents by the tax authorities.
• In person - you can do it in person (preferably).
• By power of attorney - a representative can also receive documents under a power of attorney certified by a notary.
• Through your personal account on the Federal Tax Service website, that is, in electronic form.

Compile a package of documents in 2 copies, one should remain with you (with a mark in the list of tax acceptance), the other should be sent to the Federal Tax Service.

Personal income tax can be paid at any bank. It is better to obtain the necessary details from the tax office; you can also find them on the website of the Federal Tax Service or through the State Services portal.

Consequences: did not pay tax when selling the apartment and/or did not submit 3-NDFL to the tax office

Failure to submit your return on time and/or late payment of taxes (deadline April 30) may result in the following penalties:

• A fine of 1000 rubles – if the tax to be transferred in the declaration is 0.
• Fines: from 5% to 20% (30%) of the tax amount payable for each month of delay, if you do not submit a declaration (up to 30%) and do not pay the tax by July 15 (up to 20%, if a willful defaulter, then 40% ).
• Penalties - daily accrual of penalties, starting from July 16 (see the calculator for calculating penalties and fines on the website ipipip.ru/shtrafi/).
• In case of complete refusal to pay tax, the amount of which exceeds 900 thousand rubles, criminal liability arises.

If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article; if there is a detailed answer to such a question, then your question will not be published.

199 comments

In this regard, many questions arose: in what cases what deduction restrictions apply? If you used the deduction earlier, in what cases can you “receive” it when purchasing a new home? Is it possible to get a deduction for credit interest if you previously only used the deduction for the purchase of housing? In this article we will try to answer all these questions. Please note: The key factor on which the restrictions on the property deduction depend is the date of purchase of the housing for which you receive (or want to receive) the deduction. The “date of purchase of housing” for the purposes of this article should be considered: - the date of registration of ownership of the housing according to the extract from the Unified State Register of Real Estate when purchasing under a purchase and sale agreement; - the date of the transfer act when purchasing housing under an agreement of shared participation in construction.

Tax deduction when selling an apartment - changes, how to get it

Types of compensation In total, there are five options for tax deductions in Russia: Standard It is more concerned with deductions related to expenses for children Social This includes expenses for education, treatment, and charitable activities Property These types include the purchase of residential premises or land for housing construction Professional This includes include self-employed and private entrepreneurs who create works of art For securities and FISS Only those transactions that were carried out on organized markets are taken into account here. In the case where the taxpayer has a prerequisite for processing such a deduction, he will need to collect documents in accordance with the type compensation.

Therefore, it is important to determine the tax collection group in advance.

Property deduction when selling property

What is it? A tax deduction is a procedure according to which the state returns to the taxpayer part of the tax fees that he paid to the budget.
A special feature of this procedure is the fact that there is a real opportunity to receive tax funds in kind.
The tax authorities will transfer them to the taxpayer on a bank card or by postal order.

Info

It should be understood that tax deductions are not provided to all citizens of the country.

But only to those who are subject to the law on this procedure.

And there are a number of features that you need to familiarize yourself with in advance so as not to fall into a tax trap.

How to get a tax deduction when selling an apartment?

Attention

These transactions must be supported by relevant documents.

Separate rules for determining the period of ownership When selling an apartment received as an inheritance, the beginning of ownership is considered to be the date of opening of the inheritance.

Controversial issues often arise when selling a share in real estate.

For example, the spouse initially owned 1/3 of the share, and subsequently the remaining 2/3 was transferred to her.

What moment is considered the beginning of the period of ownership? According to numerous early clarifications of the Ministry of Finance, given before 2014, the period of ownership of the entire apartment had to be calculated from the moment of registration of the initial share, because a change in the size of the share does not entail a change in the period of ownership of the object.

How many times can I file a declaration for property deduction?

Calculation of property deduction ^To the top of page 1,000,000 rubles - the maximum amount of tax deduction by which income received from the sale of residential houses, apartments, rooms, cottages, garden houses, land plots, as well as shares in the specified property can be reduced; 250,000 rubles is the maximum amount of tax deduction by which income received from the sale of other property, the list of which includes cars, non-residential premises, garages and other items, can be reduced.

One-time property deduction when purchasing an apartment/house

There are no documented expenses for purchasing an apartment.

The tax base for personal income tax in this case is determined with a reduction factor applied to the cadastral value of the apartment, equal to 0.7.

Cadastral value of the apartment taking into account the reduction factor: RUB 3,000,000x0.7 = RUB 2,310,000.

Since the income of Ivanov N.V. from the sale of an apartment is less than the cadastral value of the apartment, taking into account the reduction factor of 0.7, for tax purposes the tax base will be: RUB 2,310,000. Personal income tax will be calculated by the taxpayer as follows: RUB 2,310,000x13%=RUB 300,300.

How many times can you get a tax deduction in Russia in 2018?

N 03-04-05/9-133). Thus, according to the official position, the property deduction is provided in general for all objects, and its total amount should not exceed the amount established in paragraphs. 1 clause 1 art. 220 of the Tax Code of the Russian Federation (see, for example, Letter of the Ministry of Finance of Russia dated April 25, 2011 N 03-04-05/7-297).

Previously, in one of the letters, the point of view was expressed that the deduction is provided separately for each object.

Thus, Letter of the Ministry of Finance of Russia dated June 19, 2007 N 03-04-05-01/192 notes that paragraphs.

1 clause 1 art. 220 of the Tax Code of the Russian Federation does not contain restrictions on the number of objects upon the sale of which a property tax deduction can be obtained. Based on this, when selling shares in several real estate properties, the property tax deduction is determined separately in relation to income from the sale of each property.

Tax deductions: to whom, for what and how much

It establishes all types of tax refunds and the nuances of obtaining these funds under the Tax Code of the Russian Federation. Article 78 specifies the algorithm for obtaining the deduction. Thus, paragraph 7 indicates the period within which the return declaration document must be submitted in order to be guaranteed to receive it. But Federal Law No. 85-FZ “On Amendments...” determines the procedure for carrying out all steps to implement the deduction. All the nuances of providing a refund and information about the tax agent are also spelled out here.

Thus, for hired workers since 2016, such services are provided by their employer.

Questions of interest Registration of tax deductions in Russia involves a rather complicated procedure. And the taxpayer should understand in advance that during the deduction operation various difficulties and questions will arise. They should be dealt with immediately.

How many times can you take advantage of tax deductions when selling real estate?

Example: In 2014, Epifanova T.K. I bought an apartment and received a property deduction for purchase costs. In 2017, she bought a new apartment with a mortgage and will be able to receive a deduction for the loan interest paid.

Example: In 2014, A.A. Cherezov I bought an apartment worth 1 million rubles with a mortgage.

Cherezov A.A. received a deduction for purchase expenses and a deduction for credit interest. In 2017, he purchased another apartment worth 3 million rubles. (also using credit funds). Cherezov A.A. will be able to receive an additional deduction for purchase expenses (since he did not use it in full), but will not be able to receive an additional deduction for credit interest, since it is provided only for one property.
When selling property owned for less than three years, in accordance with Art. 220 of the Tax Code, individuals are provided with a property tax deduction. In what cases can individuals take advantage of the deduction, and in what cases will they be denied? We continue the series of materials devoted to the issue of citizens using the preferences provided by law - property tax deduction for personal income tax. In this material, we will consider the possibility of obtaining a deduction using the example of practical situations that arise when selling property. It is known that…
In 2017, she bought an apartment for 3 million rubles. Ukladova T.I. will be able to receive an additional property deduction for the purchase of an apartment in the amount of 1.5 million rubles. (to be returned 195 thousand rubles). New rules also began to apply to the deduction for credit interest on housing purchased after January 1, 2014:

• the deduction for credit interest is not related to the deduction for expenses for the purchase of housing and can be obtained for a separate object;
• the maximum deduction for credit interest is 3 million rubles. (to be returned 390 thousand rubles);
• unlike the deduction for expenses for the purchase of housing, the deduction for credit interest can be received only once in a lifetime for one property;

Example: In 2016, Panyukov E.I. bought an apartment worth 8 million rubles. To buy an apartment, he took out a mortgage in the amount of 6 million rubles. (on which he will pay interest in the amount of 3.5 million rubles) Panyukov E.I.

Property tax deduction 1,000,000 upon sale how many times to apply

To receive a deduction when selling an apartment, you need to submit a tax return to the MIFTS with the following documentation attached:

• purchase and sale agreement;
• passport (other identification document);
• documents confirming the receipt of money with the purpose of payment;
• or a receipt for receipt of funds, in case of cash payment.

Download a sample receipt for receiving funds for an apartment. Having examined the declaration, the tax authority will transfer the deduction due to the taxpayer to his account within 90 days. In case of evasion from submitting a declaration of income or submission of false information, Art. 198 of the Criminal Code provides for liability. The violator may be subject to a substantial fine and may also lose his freedom.

A thorough study of the issue does not always guarantee a positive outcome.