How to apply tax deduction When buying an apartment: through the employer, or do it through the tax authority? A tax deduction when buying a house or apartment can be obtained in several ways:
Return using tax office paid . In this situation, at the end calendar year, you need to submit an annual tax return (3-NDFL), all the necessary documents for deduction. Having fulfilled this condition, the tax office will be able to refund you the income tax paid for the year.
Get a tax deduction with the help of the employer. What is meant here is that after the right to a deduction arises, any individual can contact the tax office in order to apply for a tax deduction. Once confirmation of the deduction is received, income tax will not be withheld from the employee when paying wages.
For anyone who wants to know how to apply for a tax deduction, an important question is which way would be best to go? To understand all this, it is necessary to consider both cases in detail.
Receive a property tax deduction through a tax authority or an employer - which is better?
It is necessary to illustrate the features of how best to apply for a tax deduction using an example.
Example: a certain Vasily Ivanov bought himself an apartment for two million rubles in May 2014. In the same month, he received a certificate of registration of ownership rights for this apartment. He is officially employed and has a salary of fifty thousand rubles. From this amount, 6.5 thousand rubles are withheld every month income tax. Now Vasily is faced with a choice: how to apply for a tax deduction, what would be the best way to do this?
It's worth considering both options.
First option. with the help of the tax office. In this situation, Vasily must wait until the beginning of 2015, after which he must submit his documents and apply for a tax deduction by contacting the tax office. When to end desk audit(duration up to three months), the tax office will be able to return funds in the amount of tax paid for the period 2014, which will amount to 78 thousand rubles.
Second option. Property tax deduction – registration through the employer. If Vasily decides to apply for a tax deduction with the help of his employer, then after he receives certificates of registration of his rights to the apartment, he must submit all documents to the inspectorate. After thirty days, the tax office will confirm his rights to receive a deduction. After this, Vasily must bring this notice from the tax office along with the application for the deduction to his employer. From the month of submitting all documents, income tax will no longer be deducted from Vasily. Vasily will be able to receive 50 thousand rubles in his hands.
Is it possible to apply for a tax deduction using a combined method?
Returning to the situation with Vasily, it can be noted that he does not have to choose between the two methods given above. Vasily can use two methods: starting from June to December 2014. he can receive the amount of the deduction through his employer, after which, according to the results of the year, Vasily must submit documents (together with 3-NDFL) in order to receive a deduction, returning taxes from January to May 2014, also for additional income.
This option to apply for a tax deduction, will be the most ideal. But this method has one drawback, where you will need to do double the amount of work - submit the necessary documents to the tax service several times during the year, and also submit documents to the employer in the accounting department.
For everyone interested in the question - how to apply for a tax deduction, there are three methods for returning deductions, after familiarizing yourself with them, everyone will choose the most suitable one for themselves.
And don’t go crazy: how to choose a developer, negotiate a discount, sign the contract correctly, accept the apartment and register ownership.
Today is the final article in the series: we tell you how to get a tax deduction for an apartment in a new building.
Nika Troitskaya
real estate marketer
Attention
Over the course of two years, this article has partially lost its relevance. We have a new detailed economist's advice there, full list documents and analysis of complex situations.
What is a tax deduction
A tax deduction is money that you can receive from the state for purchasing an apartment. You pay personal income tax - personal income tax - the state receives 13% of your salary. When you bought an apartment, you paid part of your income for it, but still paid personal income tax. The state will return you 13% of the amount you paid for the apartment, but not more than 260 thousand rubles. If an apartment in a new building is cheaper than 2 million rubles and without finishing, the cost of finishing can also be included in the deduction amount.
A housing deduction is also provided for a house, a room in a communal apartment or a share in an apartment.
For all apartments more expensive than two million, the deduction will be 260 thousand, and for cheaper ones - 13% of their cost. The state divides deduction payments by year and does not pay more for the past year than it received in personal income tax for you.
In 2015, Vasya received after personal income tax deduction 50 thousand a month, in a year he earned 600 thousand. Let's calculate the tax on his income that Vasya's employer paid for him:
600,000 R × 0.13 ÷ 0.87 = 89,600 R
This means that Vasya will receive 89.6 thousand rubles as a deduction for 2015, and the remaining 157.4 thousand rubles will be used for refunds in the following years.
The mortgage interest deduction works in a similar way. If you bought an apartment with a mortgage, you can also claim a deduction for mortgage interest- also 13% of the amount, but not more than 390 thousand rubles. If you paid interest to the bank in the amount of up to 3 million, then the state will return 13% of the amount, and if 3 million or more - 390 thousand.
If you took out a loan for an apartment before 2014, the “mortgage” deduction will include all the interest that you pay to the bank. The limit of 3 million rubles does not apply in this case - clause 4 of Art. 2 Federal Law dated July 23, 2013 No. 212-FZ.
The balance of the mortgage interest deduction cannot be transferred to another property - clause 8 of Art. 220 Tax Code of the Russian Federation.
When can you claim a deduction?
Claim a deduction for new apartment you can, if you bought it in Russia, you work according to employment contract or a contract, you have Russian registration and you have signed acceptance certificates with the developer. If you have an individual entrepreneur with a general taxation system, then you receive a deduction in the same way as ordinary people.
Remember
- The tax deduction is 13% of your income, which you can return from the state if you bought an apartment.
- You can claim a deduction if you bought an apartment in Russia and work under a contract, or if you are an entrepreneur with a general taxation system.
- They receive a tax deduction either through the employer - every month along with their salary, or through the tax office - once a year.
- Payments will stretch over several years if the amount of the deduction is greater than the amount paid for last year income tax.
- You can get a deduction for several apartments, but the amount will still not exceed 260 thousand rubles.
- The deduction is received by the one who paid for the apartment. If your parents paid for your apartment and this can be seen from the payment documents, then they are the ones who claim the deduction, not you. The tax office will calculate the deduction based on their tax contributions.
- If you need Additional Information about the deduction, call your tax office: they will explain everything clearly and in detail.
Instructions: how to get tax deduction. In fact, the employee receives only 87% wages. The remaining 13% of the salary goes to the state. But the state can return this money, for example, when buying an apartment.
Tax deduction- This is a kind of subsidy from the state to conscientious taxpayers. Thus, the state returns 13% of the tax paid from wages. One of the tax refund opportunities is purchasing a home. This tax deduction is called a property tax deduction. Article 220 of the Russian Tax Code talks in detail about this type of tax deduction.
Who can get a tax deduction?
Working citizens with an official salary, individual entrepreneurs located on common system taxation. The determining factor is the citizen’s payment of income tax, since this tax is returned by the state. " Tax deduction applies to all income on which personal income tax was paid in the year of purchase of housing. There is an exception for pensioners: they can apply for a deduction for the previous three years,” comments lawyer Dmitry Anishchenko. Only the owner of the property can be an applicant for payments.
What can I get a tax deduction from?
Buying an apartment, room or share, as well as a house or land plot for individual housing construction(Individual Housing Construction) provides for the possibility of obtaining tax deduction. If, when the developer hands over the apartment, the apartment is “unfinished,” then you can get a deduction for repairs. In the case of housing taken out with a mortgage loan, the tax deduction also returns part of the amount from the interest on the mortgage.
How much tax deduction can I get back?
The maximum payment amount for purchasing a home today is the payment for mortgage housing. This amount is 650 thousand rubles. How did this figure come about? It is determined based on the maximum amount of 2 million rubles of “real” money, for which the state provides a tax deduction (according to paragraph 4 of Article 20 of the Tax Code of the Russian Federation). The property deduction for the purchase of mortgage housing is characterized by an addition to the standard amount of the additional deduction, from the interest on the loan as they are paid. The maximum amount of interest on the loan is 390 thousand rubles. It also consists of the maximum interest amount - 3 million rubles, from which the state can provide a deduction, in accordance with clause 4 of Art. 220 Tax Code of the Russian Federation.
The maximum amounts for which the state provides tax deductions and the maximum deduction amounts for them.
The maximum amount of "real" money is 2 million rubles; the maximum deduction amount from them (13%) is 260 thousand rubles.
The maximum amount for interest on a mortgage loan (if purchasing a home before 01/01/2014) is not limited; the maximum amount of deduction from them is 13% of the amount.
The maximum amount for interest on a mortgage loan (when purchasing a home after 01/01/2014) is 3 million rubles; the maximum deduction amount from them (13%) is 390 thousand rubles.
How many times is a tax deduction available?
Receipt tax deduction from the state until 2014 it was possible only once in a lifetime. After 2014, some changes were made to the rules for receiving payments from the state. So, when buying a home now you can receive payments several times. The main thing is that the total amount from which a taxpayer can receive a property deduction does not exceed 2 million rubles.
“In 2013, I bought an apartment and a year later received a property deduction for it, but not the maximum amount. This year I wanted to apply for another deduction for another apartment in order to reach two million, but I was refused, since the apartment was purchased in 2013,” Inna shared her personal story.
How soon do I get my tax refund?
One year (but not earlier) after the purchase of housing, documents are submitted to receive a deduction. There is no limitation on the statute of limitations. With an official low salary, you will have to wait years for a refund. The taxpayer will receive from the state only what he gave to him in the form of tax.
“The property deduction does not exceed the amount withheld by the employer. If you earn 1 million rubles a year, contributions to the budget amount to 130 thousand. That is how much the tax office will return,” explains Kirill Lobanov, partner at the Shabarin and Partners law office.
The remainder of the payment is carried over to the next year. The tax is deducted until there is no balance left to pay.
An example of calculating a property tax deduction.
Peter bought a house for 5 million rubles. Of this, the initial payment in cash is 2 million rubles. He took out the remaining amount of 3 million rubles on a mortgage loan for 5 years at 12% per annum. It follows from this that the amount tax deduction Petra will be 494 thousand rubles. This figure consists of two: from the deduction of “real” money from 2 million rubles - 260 thousand rubles, and from the deduction from mortgage interest - 234 thousand rubles (1.8 million rubles for 5 years of the loan). With the condition of an official salary of 70 thousand rubles per month, the amount of tax (13%) paid by Peter to the state for the year is 109,200 rubles. It follows that Peter will receive the full amount of the property deduction in approximately 4.5 years.
Decor. What documents are required for tax deduction?
There is a certain list of required documents. But collecting them will not cause much difficulty.
Required documents:
1. Passport or other document replacing it. To them are copies of the first pages and registration.
2. Certificate 2-NDFL about income. This certificate is provided by the employer. If you work for several employers or change them during the year, you must take certificates from all of them.
3. Coolie-sale or equity participation agreement.
4. Any document confirming the fact of payment for housing (receipts, payment orders, receipts).
5. Certificate of registration of ownership.
6. Certificate of acceptance and transfer of housing, in case of purchase not under a sales contract.
7. Tax return 3-NDFL. The form can be downloaded from the Internet. The form is filled out based on certificates from the place of work and other documents.
8. Application for tax refund. It requires information about the account into which money will be deposited as a deduction from the state. Sample application.
In the case of housing taken on a mortgage, the list of standard documents is supplemented by a loan agreement and a certificate of interest paid on it for the year. This certificate is issued by the bank. For registration tax deduction for construction or repairs, it is necessary to provide checks and receipts for purchased building materials. It is necessary to remember to collect and store all payment documents for repairs or construction if there is a prospect of the need to receive and process a tax deduction for them.
How to get a tax deduction?
Stage 1: Documents.
Gathering everyone necessary documents. Preparing their copies for the tax office. Notarization is not required for them, but on each page the following is required: the inscription “Copy is correct”, signature, its transcript and date. Completed tax return 3-NDFL. Written statement.
Stage 2: Tax.
After collecting and completing all the necessary documents, they are transferred to the tax office in person or sent by mail. When sending by mail, the sender does not have the opportunity to correct possible deficiencies in paperwork on the spot. Therefore, there is a risk of receiving a refusal due to possible errors in registration; the refusal or the need to correct documents will be known only after several months.
Stage 3: Money.
The tax office checks all submitted documents. According to the law, the inspection takes place no more than three months. If the verification response is positive, the money is credited to the account within 30 days.
“There are usually huge queues at the tax office at my place of registration. Fortunately, I was able to submit the documents in 20 minutes. They were stamped “verified” and told to wait three months for payment,” says one of the personal experience Alexander from Moscow.
An alternative way to receive a tax deduction.
Receipt Money can be done through the employer, the details of all stages of this method are described in paragraph 8 of Art. 220 Tax Code of the Russian Federation. A list of required documents is provided to the employer. And it stops the monthly tax deduction (13%) from the employee’s salary. Eligibility tax deduction in any case, it must be confirmed with the tax office. But there is also positive side- you can start returning your money right away, you don’t have to wait until next year. We should not forget some nuances missed in the legislation: the procedure for changing an employer or liquidating a company has not yet been prescribed. Due to gaps in the legislation, in practice this option for obtaining a deduction is quite rare.
What is a “tax deduction”?
A tax deduction is the amount by which the amount of income received (tax base) is reduced. Tax is paid on the difference between the income received and the tax deduction.
The term tax deduction also means the return of a certain part of previously paid personal income tax, for example, in connection with the purchase of real estate, expenses incurred for treatment or education.
On receiving a tax deduction Only a citizen who is recognized as a tax resident and is a recipient of income taxed at a rate of 13% can apply.
Accordingly, citizens who do not have such taxable income should not count on tax deductions, which include:
- Citizens who have only unemployment benefits as income.
- Individual entrepreneurs working under a special tax regime and not having income taxed at a rate of 13%.
The Tax Code of the Russian Federation provides for only 7 types of tax deductions:
- Standard.
- Social.
- Property.
- Professional.
- Deduction associated with transfer to future period losses from transactions related to securities and transactions with financial instruments forward transactions that are traded on the organized market.
- Deductions related to the carry forward of all losses related to participation in an investment partnership.
- Investment (valid from 01/01/2015).
Tax deductions in 2014-2015
Since 2014, new rules for the return of tax deductions for the purchase or construction of real estate have come into force.
This is possible if 2 conditions are simultaneously met:
- If the property was purchased after 01/01/2014
- The applicant had not previously received a tax deduction.
How to get a tax deduction according to the new rules? Let's talk about this in more detail.
- The property tax deduction has become multi-use since 2014. This means that you can apply for it not only from one purchased apartment, but also from the acquisition or renovation of other real estate properties, provided that you meet the limit established by law.
- The tax deduction limit is calculated per person, not per property. The limit is 2 million rubles.
Before depositing latest changes if the price for an apartment was below 2 million rubles, then the remaining part of the allowable tax deduction was burned out. At this time, the remaining deduction amount can be transferred to your next property purchase.
To make it more clear, let's give an example:
I. bought 2 apartments worth 1,300,000 rubles and 2,500,000 rubles. According to the old rules, he could return part of the tax on the basis of a tax deduction, only based on the cost of the first apartment purchased - 1,300,000 rubles.
Now the remainder of the allowable tax deduction in the amount of 700 thousand rubles goes to the 2nd purchase. Thus, I. will receive right to a tax refund full size tax deduction - 2 million rubles.
Spouses A. purchased an apartment worth 6 million rubles. According to the new rules, spouses have the right to use the combined tax deduction limit- 2+2 million rubles, that is, they receive a tax refund on 4 million rubles.
- The tax deduction limit is also established for interest paid on mortgage lending- 3 million rubles. Previously, there was no such limit at all.
But. It is worth remembering that if you took out a mortgage before 2014, then the tax deduction on interest remains unlimited for you. But if all documents for obtaining a loan were completed after 01/01/2014 - within 3 million rubles.
And one more nuance: even if you purchased several apartments with a mortgage, the tax deduction on interest will still be provided only for one apartment.
Thus, for spouses who are going to purchase housing, and even with a mortgage, the situation is most favorable. For the purchased apartment they will receive a tax deduction of 4 million rubles. (2 million rubles per person) plus a tax deduction of up to 3 million rubles. on the interest they pay on the mortgage. Accordingly, for two people the total amount of tax deduction will be 10 million rubles. - 2+2 for an apartment and 3+3 for interest. They will be able to return up to 1.3 million rubles, that is, 13% of 10 million rubles.
Tax deduction for individuals
There are several types of tax deductions for individuals. total amount deductions cannot exceed 120 thousand rubles - the maximum total amount of expenses incurred in the tax period (minus the costs of educating the applicant’s children and expenses for expensive treatment).
We will focus on standard and social tax deductions.
1. The standard deduction is provided for in Article 218 of the Tax Code and is provided in a strictly fixed amount to the following categories of citizens:
- 500 rubles per month for citizens who have various state awards and/or special status, for example Hero of the Russian Federation, Hero Soviet Union etc.
- 1,400 rubles per month for each child, if the parents’ income is up to 280,000 rubles.
- 3000 rubles per month - for the third and subsequent children.
- 3,000 rubles per month is a tax deduction for a disabled minor child or for a disabled child of group 1 or 2 until he reaches the age of 24 years, if he is a full-time student, graduate student, resident, intern, student, etc.
- 3,000 rubles per month constitutes a tax deduction for citizens who suffered radiation sickness or other diseases as a result of a disaster at Chernobyl nuclear power plant, for disabled people of the Second World War, etc.
2. Persons whose expenses are related to the following areas apply for a social tax deduction:
- Charity - in the amount sent an individual for charitable purposes in the form of cash assistance during a year. In this case, the amount of social deduction cannot exceed 25% of the amount of income received in the reporting year.
- Training - in the amount that was paid by the citizen in the tax period for his education in educational institutions. The deduction also applies to persons who have paid for their studies full-time children, brothers and sisters (under 24 years of age). Citizens who have paid for the full-time education of wards/wards (under the age of 18) and former wards (under the age of 24) can also apply for a deduction. At the same time, the amount of tax deduction for expenses on education of children is 50,000 rubles per year; for your training - no more than 120,000 rubles per year in combination with other social spending taxpayer, in particular with payment for treatment, pension insurance contributions, etc., with the exception of payment for expensive treatment.
- Treatment and/or purchase of medications - in the amount that was paid by the citizen in the tax period for medical services provided by honey. organizations or individual entrepreneurs engaged in medical activities, the taxpayer himself, his parents, children, spouse. The limit of 120,000 rubles established by tax legislation does not apply to receiving a deduction for expensive treatment. That is, the taxpayer has the right to receive a tax deduction in the amount of all expenses for expensive medical care. drugs and treatment.
- Cumulative part of labor pension - in the amount that was paid by the taxpayer during the tax period in the form of additional insurance contributions for the funded part of the labor pension. A small disclaimer: if additional contributions the funded part of the pension was paid by the employer, then social deduction is not provided.
- Non-state pension provision - in the amount of pension contributions paid by the taxpayer during the tax period under an agreement with the pension authority. But in the case of transferring contributions for non-state pension provision to the appropriate insurance company by the employer (by deducting the appropriate amounts from the taxpayer’s salary), a deduction can be provided subject to an application to the employer. The maximum amount of contributions from which the “pension” deduction will be calculated is 120,000 rubles.
What documents are needed for deduction?
The procedure for filing a tax deduction and the package of necessary documents depend on the type of deduction. Let's get a look, what documents are needed to obtain a tax deduction of one kind or another.
1. For registration tax deduction for education it is necessary to fill out the 3-NDFL declaration and submit it to the tax office at the place of registration. The following documents are attached to the declaration:
- certificate 2-NDFL;
- tax refund application, which contains account details for transferring funds (See How to write an application for granting (receiving) a tax deduction?);
- agreement with an educational institution;
- license educational institution for the provision of educational services;
- all payment documents according to which you paid for training.
2. In order to issue tax deduction for treatment, you need to submit the following documents along with the 3-NDFL declaration submitted to the tax office:
- tax refund application;
- certificate from work in form 2-NDFL.
If you want to receive a tax refund for payment for medical services provided to you, then you must attach the following documents to your tax return:
- certificate of payment for medical services;
- documents that confirm the amount of expenses you incurred;
- agreement with a medical organization;
- license medical organization the right to carry out medical activities.
If you want to receive a tax refund in the amount of the medicines you purchased, you must prepare the following documents:
If you purchased housing with the help of a mortgage, then what documents are needed for tax deduction in addition to the previous ones:
- loan agreement;
- certificate of interest paid.
After all the documents are attached to the declaration in form 3-NDFL (See How to fill out a declaration (NDFL3) when buying an apartment?), the Federal Tax Service reviews all the papers and makes a decision on granting/refusing to provide a tax deduction.
Tax refund deadline
A tax deduction for personal income tax is provided after the corresponding 3-NDFL declaration, filed at the end of the tax period with the necessary documents attached, is verified.
The tax authority has 3 months to complete the inspection. Refunds are made within a month from the date the tax authority makes a decision on a tax refund.
But there is a second option - when you provide your employer with a statement and notification from the tax office that you have the right to receive a tax deduction. After receiving these documents, the employer will withhold a reduced amount of tax from your salary, taking into account the tax deduction .
That is, the deadline for returning the tax deduction is postponed from the next calendar year (as the Federal Tax Service would do) for the period of filing documents.
But this option is complicated by the fact that you will have to go to the tax office 2 times: the first - to submit documents to receive a notification, the second - to receive a notification, since the Federal Tax Service has the right to review documents within 1 month.
Do not be afraid to contact the Federal Tax Service to receive a refund of the debt. It's not like that complex procedure, as it might seem at first glance. You can ask all the necessary questions directly to the tax office, and you will receive a comprehensive answer to them. Moreover, according to statistics from the Federal Tax Service, the number of citizens applying for a tax deduction is growing every year.
The legislation of the Russian Federation allows citizens to apply for various tax deductions. They may be related to the acquisition or sale of property, the implementation of mechanisms social protection, professional activity, education, undergoing treatment, having children. What are the specifics of the tax deductions most in demand by Russian citizens?
Kinds
What can you get tax deductions for in accordance with Russian legislation? The Tax Code of the Russian Federation provides for the following set of them: standard, paid for children, property, social, professional, as well as those calculated based on the fact of losses associated with turnover valuable papers. The first four types of deductions are the most popular.
Methods of obtaining
How are tax deductions calculated and paid? The legislation of the Russian Federation provides for two corresponding mechanisms. Under the first, the deduction is calculated and paid once a year at the end of the tax period on the basis of payments already made to the treasury in the form of personal income tax (from wages and other income).
The second mechanism assumes that a citizen legally may not pay personal income tax to the state for a certain period and on certain amounts of income. Depending on the specific type of deduction, one or another scheme is implemented.
Who has the right to deduction
The type in question can be provided to citizens receiving income that is taxed at a rate of 13%. Most often, as we noted above, this is salary. But the corresponding income can also be generated, for example, after the sale of real estate and other types of property. Is it possible to get a tax deduction using a simplified system for calculating fees to the treasury? No, such mechanisms are not provided. Similarly, the right to a tax deduction cannot be exercised by persons with non-resident status.
How are deductions processed?
Where can I get a tax deduction? The corresponding preference for citizens is issued by the Federal Tax Service - in territorial divisions of the regions and municipalities of Russia.
In order to receive a payment, you must contact the Federal Service with a package of documents provided for each type of deduction. Let's consider the specifics various types financial preferences, about which we're talking about, more details.
Standard deductions
What can you get standard tax deductions for? Payments of this type are made to certain categories of persons. The deductions in question are fixed. Depending on the basis, they can be calculated on a basis, for example, 3 thousand rubles. or 500 rub. based on the month. The indicated amounts thus form the basis for calculating the deduction - at a rate of 13%. That is, a person is not paid 3 thousand rubles. and not 500 rubles, but 13% of the corresponding amount - 390 rubles. or 75 rub.
The legislation of the Russian Federation provides for several categories of citizens who have the right to receive this type of deduction.
Firstly, these are participants in eliminating the consequences of other nuclear tests, as well as citizens who received disabilities while participating in hostilities. In relation to them, the legislation of the Russian Federation provides for a tax deduction based on an amount of 3 thousand rubles.
Secondly, these are heroes of the USSR and Russia, citizens with disabilities of groups 1 and 2 and having limited opportunities since childhood, participants in combat operations, as well as residents of Chernobyl evacuated after the nuclear power plant accident. Persons in this category can receive standard deductions based on the amount of 500 rubles.
Thirdly, individuals who do not belong to the specified categories of citizens can count on tax preferences based on an amount of 400 rubles. But it is guaranteed to them until their annual income reaches 40 thousand rubles.
How many tax deductions can a person receive if he has several reasons for this, and if we're talking about about standard preferences? Only one - the one that assumes largest size payments. At the same time, standard deductions may well be combined with other types of preferences, for example, property ones.
Deductions for children
Strictly speaking, this type of deduction also refers to the standard one, but at the same time it is sufficiently isolated from it. In particular, it can be combined with any of the above. Tax deductions of this type can be received by parents or adoptive parents. The amount of the corresponding preference is based on the amount of 1000 rubles. per child per month.
The tax deduction in question can be paid until the child turns 18 years old, and if he goes to full-time study, then until he reaches 24 years old. Another limitation regarding the corresponding payments is that a person’s income should not exceed 280 thousand rubles. in year. If the salary or other sources of income are greater, then the deduction is not provided.
Also, the legislation of the Russian Federation provides for payments based on an amount of 2 thousand rubles. They are provided if the child has a disability or is being raised by a single parent.
One parent can legally delegate the right to receive deductions for children to another. This mechanism is advisable if one of the parents has an unstable job. In order to exercise this right, a person refusing a deduction must draw up documents confirming his intention to transfer the right to the preference in question to another.
The nuances of processing a standard deduction
If a person expects a standard tax deduction, when can he receive it? First of all, we note that direct assistance to a citizen in exercising the right to the corresponding preference should be provided by the employer, who has the status. Calculating the deduction and ensuring its payment, or more precisely, allowing the legal non-payment of personal income tax in the appropriate amount is the responsibility of the company.
However, in order to begin receiving standard tax deductions, the employee must notify the employer of his desire to use the corresponding preference. This can be done through a written application in the prescribed form. It must also be accompanied by documents confirming the employee’s right to receive a standard deduction.
Note that there is an alternative scenario. It involves contacting the Federal Tax Service at the end of the tax year. But this scheme usually not very popular for the type of deduction in question, since it requires the employee to spend quite a lot of time collecting the necessary documents and interacting with the department.
Property deductions
What can you get property tax deductions for? Citizens most often have the right to register them after carrying out certain real estate transactions: purchase, sale or construction, as well as due to transactions with other high-value property, for example, cars.
Regarding real estate, it can be noted that there are two main categories of property deductions of this type - those related to the costs of purchasing housing or those that can be issued in connection with the income received by a citizen from the sale of his possessions. The mechanisms within which a person can enjoy this type of preference are different. And therefore, each type of deduction, despite its classification into a general category, is usually considered within a separate scheme.
Property deductions when purchasing a home
The first type of property deduction is associated with the acquisition of residential real estate by citizens. This could be an apartment, a room or a house. The acquisition mechanism can be expressed in the form of a purchase and sale transaction, construction of a facility, or participation in an equity project. The most important thing is that the citizen bears personal expenses.
A person can return up to 260 thousand rubles from the purchase of an apartment. from the funds transferred to the seller of real estate or invested in repairs, that is, based on an amount of up to 2 million rubles. Before 2014, the corresponding deduction could be issued only for one apartment, after which it could be issued for any number of residential properties. If a citizen purchased real estate through a mortgage, then he can also return up to 390 thousand rubles. from the amount of interest payments to the bank, that is, based on an amount of up to 3 million rubles. Please note that for transactions completed before 2014, the maximum amount of payments from the Federal Tax Service for interest transferred on a mortgage loan is not limited.
Ways to apply for a deduction when buying an apartment
Where can I get a tax deduction for buying an apartment? As in the case of standard payments, you can apply for the corresponding preference either through the employer or by contacting the Federal Tax Service. Moreover, unlike the scenario with the previous type of deduction, the second method is very popular among Russians. This is largely due to the fact that a person receives a significant amount of money, the equivalent of which is not easy to collect using monthly “increases” to wages in the form of legal non-payment of personal income tax.
The citizen determines where he can get it, based on his personal preferences. It can be noted that the set of documents for obtaining the corresponding preference in both scenarios is approximately the same.
What can you get tax deductions for when building a house? In this case, the base amount for calculating payments may include expenses for the services of contractors, as well as for the purchase of building materials. The corresponding costs must be confirmed by receipts, checks and other documents, legal force which are recognized by Federal Tax Service inspectors.
How many tax deductions can you get when buying apartments? As soon as a citizen exhausts the maximum payment amounts - 260 thousand for housing costs and 390 thousand for interest (if a mortgage is issued), then he loses the right to apply to the Federal Tax Service for the appropriate preference, no matter how many real estate properties he subsequently acquires.
Property deductions when selling a home
What can you get tax deductions for when selling an apartment? The mechanism for their design is as follows. The fact is that income from the sale of housing, like wages, is taxed at a rate of 13%. The corresponding fee must be calculated if a person owns real estate for less than 3 years. But the legislator guaranteed a deduction in the amount of 1 million rubles to participants in real estate purchase and sale transactions. This amount can be used to reduce the cost of housing included in the agreement between the seller and the buyer of the apartment. That is, if the price of housing under the contract is 1 million 200 thousand rubles, then the base for calculating personal income tax when using the noted type of deduction will be 200 thousand rubles.
It can be noted that both types of property deductions - provided that the transactions were made in the same tax period - can be mutually compensated. For example, if a person bought an apartment for 2 million rubles, then the state must return 260 thousand rubles to him. If in the same year he sold another property for 1.5 million rubles, then his debt to the Federal Tax Service in the amount of 13% of 500 thousand rubles. (remaining when using the second type of deduction), namely 75 thousand rubles, he can cancel by reducing the state’s obligations. That is, as a result, the Federal Tax Service will have to pay the citizen 185 thousand rubles based on two transactions he has completed.
Other deductions when selling property
The legislation of the Russian Federation allows citizens to receive not only those property deductions that are associated with the sale of housing. There is also a more universal preference in the amount of 250 thousand rubles. It can be applied to any type of property, such as a car. The main criterion for calculating income tax here is similar to the operation of selling an apartment - the corresponding fee must be paid if the property has been owned for less than 3 years. Note that a citizen can try to prove to the Federal Tax Service that he once had expenses associated with the acquisition of property, possibly a car or other expensive type of property. If this can be done, then they are also used as a type of deduction. In this case, the preference guaranteed by law may not be included in the calculation at all or may be used partially.
Now you know where you can get the Mechanisms within which it can be implemented, as well as other types of property preferences we have studied. Let's move on to consider the following types of payments - social.
Specifics of social deductions
What tax deductions can be obtained from those related to social ones? The legislation of the Russian Federation forms their varieties, calculated on the basis of the following types of expenses:
For charity;
For education - both the taxpayer himself and his children;
For treatment - the citizen himself, as well as his family members;
To participate in programs of non-state pension funds.
The principle of calculating the deduction is the same as that typical for the types of payments discussed above: the Federal Tax Service must return 13% of the corresponding base.
Regarding charitable expenses, the deduction can be calculated on the basis of their entire amount, but not exceeding 25% of the citizen’s income for the tax period.
As for training costs, they can be calculated on the basis of an amount of up to 120 thousand rubles. per year for participation in educational programs the taxpayer himself and up to 50 thousand rubles. per year for the education of each child. Where can I get a tax deduction for education? The most convenient mechanism is to contact the Federal Tax Service at the end of the tax year.
Regarding treatment costs, it should be said that they are calculated on the basis of an amount whose maximum value is equivalent to the figure for tuition fees - 120 thousand rubles. Where can I get a tax deduction for treatment? It is best to contact the Federal Tax Service in the year following the reporting year.
Professional deductions
Professional tax deductions can be received by the following categories of fee payers:
Entrepreneurs located in general mode taxation;
Citizens performing work and services under contract agreements;
Notaries, lawyers and other specialists engaged in private practice.
It may be noted that the structure of professional deductions is quite complex. The main principle of realizing the rights of citizens to these preferences is their ability to submit to the Federal Tax Service documents confirming expenses associated with a particular activity.
If they succeed, the corresponding amounts can be used as a deduction - their income is reduced by them. But even if a person does not submit such documents to the Federal Tax Service, the agency may approve unconfirmed expenses for him. Their size depends on the person’s professional specialization and is approximately 30-40% of income.
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