How to get a tax deduction when buying an apartment 2021

Amount of tax deduction when purchasing an apartment 2021: no change

The amount of the deduction in 2021 remains the same:

2 million rub. for acquisition, construction and repair;
3 million rub. interest expenses on the target loan.

However, in the near future it is possible that the tax deduction for purchasing an apartment will increase. Recently, a bill on this matter was introduced to the State Duma. Its authors ask to raise up to 3 million rubles. deductions for the purchase and construction of housing and up to 4 million rubles. when paying interest.

How to fill out 3-NDFL for property deduction

When receiving tax deductions in the personal income tax return (3-NDFL, approved by order of the Federal Tax Service of Russia dated October 3, 2018 No. ММВ-7-11/ [email protected] ), Appendix 6 and the calculation to Appendix 1 or Appendix 7 are filled out.

Appendix 7 is intended for deductions for the purchase of real estate. It, in particular, indicates information about the object, the date of ownership, the amount of acquisition costs and interest. Then the deduction is calculated, where it is indicated:

the amount of the deduction already provided;
balance carried over to the current year;
deduction provided this year;
the remainder carried forward.

Appendix 6 calculates the deduction provided upon the sale of property. For the corresponding operation, you need to show income and deductions (or the amount of expenses by which income is reduced). In the calculations to Appendix 1, the tax base should be calculated, which cannot be less than 70% of the cadastral value of the property.

For information on the procedure for filing a declaration, read the material “Filling out the 3-NDFL declaration for property deduction.”

Conditions for tax deduction when purchasing an apartment 2021: there are changes

Law No. 325-FZ has introduced two innovations for property deductions when purchasing an apartment in 2021:

A parent or guardian can receive a housing deduction for children and wards recognized by the court as incompetent, without an age limit (previously there was a limit of up to 18 years).
When refinancing a loan under borrower assistance programs, you can receive a tax deduction in the amount of interest, even if the mortgage loan was refinanced not by a bank, but by another organization.

An example of personal income tax calculation taking into account tax deductions

We note the following: the amount of the deduction is indicated in the notification from the Federal Tax Service, so the accountant does not need to make any calculations on his own. The algorithm for providing a tax deduction is as follows:

the employee’s income subject to personal income tax is initially determined;
then a tax deduction is subtracted from the amount received;
after this, the remaining difference is multiplied by the personal income tax rate - 13%.

Important! The difference obtained when subtracting a tax deduction from income cannot be negative. If the employee’s monthly income is less than the deduction provided, then the amount from the notification is not used in full, and the remainder is carried over to the following months.

Important! For the period from January to May, personal income tax was excessively withheld in the amount of 19,500 rubles. (3,900 * 5 months). This amount, upon application of the employee, can be transferred to his bank account.

The 1C Accounting 8.3 solution allows you to process such deductions correctly and without much time. All their sizes and types are stored in the program directory on types of personal income tax deductions.

You can check how correctly the personal income tax deductions are recorded in 1C Accounting using the available reports.

Still have questions? Order a free consultation with our specialists!

Changes to the tax deduction when purchasing an apartment for children or dependents

Purchasing housing in the name of a child (in whole or in part) allows the parent to receive a property deduction within the limits of the child’s or ward’s share. The child retains the right to the benefit; the amount of the property deduction limit used is issued to the parent. In previous years, this rule only applied to children under 18 years of age. From 2021, a tax deduction for the purchase of an apartment applies to children (including adopted or guardianship children) of any age if the court has declared them incompetent. An important condition for receiving benefits is that housing must be purchased at the expense of the parent or guardian. If the parent invested his savings or took out a corresponding loan, then a deduction will be provided; If state support funds are used, the tax will not be refunded.

What an accountant needs to consider when providing a deduction

When providing a deduction, the accountant must take into account the following points:

an employee can receive both property and social deductions through the employer;
receiving a standard deduction for yourself or for children does not require notification from the tax office;
the notice is valid for a specific calendar year. If the employee does not use it, he must receive a notice for the next year;
The notification form was approved by orders of the Federal Tax Service. Before providing a deduction, the accountant must make sure that the document is drawn up in accordance with the law;
The accountant must check the information contained in the notification from the Federal Tax Service, namely about the employee and the company. If he discovers inaccuracies or errors, the employee will have to contact the Federal Tax Service again to receive a new notification with the correct data;
the accountant has the right to contact the tax office that issued the notification to verify the authenticity of the document;
The notice must be kept for 4 years. It is advisable not to destroy the original document, even if the employee was fired before the end of this period;
if circumstances change, for example, an employee is transferred to another structural unit, the right to deduction is not canceled, since the employer remains the same;
When the company is reorganized, the employee needs to receive a new notice, because the employer will change;
if an employee quits and the accountant was unable to provide him with a deduction in the full amount, then the employee will be able to use the rest of the deduction through the Federal Tax Service at the end of the calendar year;
the accountant provides a social deduction starting from the month in which he received the documents from the employee;
on the issue of providing a property deduction, there is no clear tax and judicial practice regarding the moment when its effect begins. It is advisable to contact your tax office for written clarification on this issue;
an employee can provide several notifications from the Federal Tax Service, for example, if he first pays for training, and after a while - treatment, or purchases real estate. In this case, the accountant needs to monitor that the total deductions do not exceed the limits established by law.

Tax deduction for an apartment loan - features of refinancing in 2021

In 2021, receiving a deduction on interest when refinancing was allowed only if the new lender was also a bank. In 2021, an exception appeared to this rule - non-bank organizations according to the list of the Government of the Russian Federation. A prerequisite when preparing documents for a tax deduction when purchasing an apartment for the amount of interest paid is that any refinancing agreement must contain a direct reference to the original loan agreement. In turn, the initial loan agreement must be targeted, that is, the text of the document must indicate the purpose of the money issued - for a specific apartment.

The requirement for a mandatory reference when refinancing to the original loan agreement applies to all possible situations for obtaining a deduction:

initial or subsequent refinancing at a bank;
refinancing using state support in other organizations.

Unfortunately, it is easy to lose the right to a tax deduction on interest on the purchase of an apartment when refinancing:

if the on-lending agreement was concluded before 2021 not with a bank, it could be various financial organizations without a banking license, individuals or employing organizations;
if such an agreement was not concluded in 2021 with a bank, and the new creditor is not included by the Government of the Russian Federation in the list of organizations through which state support is provided;
if the new document does not directly mention the very first loan agreement as a source for financing the purchase of housing - even if refinancing is carried out for the second or third time, it is still necessary to refer to the first loan agreement.

Determining the amount of tax deduction when purchasing an apartment in 2021 for spouses

If the marriage is officially registered before the purchase of real estate, then both spouses have the right to receive a property deduction, but there are nuances.

Depending on the type of ownership of the apartment, the amount of tax deduction is distributed as follows:

Common shared ownership is proportional to the share in the purchase price . For example, an apartment was purchased for 6 million rubles. spouses in shares: husband 1/6 and wife 5/6. Potentially, everyone has a benefit in the amount of 2 million rubles, however, upon completion of the transaction, the amount of tax deduction when purchasing an apartment will be:

for husband - 1 million rubles. (6 million rubles * 1/6),
for the wife - 2 million rubles. (6 million rubles * 5/6, but not more than 2 million rubles).

With a more equal proportion, the husband would be able to receive the full amount of the benefit.

Common joint property - in accordance with the agreement on the distribution of deductions between spouses . If such an agreement has not been formalized, then the property deduction is divided equally. Having concluded an agreement, you can change the proportion of distribution of the benefit amount - for example, if the income of one of the spouses allows you to receive a refund faster than the income of the other.

When submitting subsequent declarations, it will be possible to change the ratio of shares in the amount of the tax deduction for the purchase of housing only in terms of interest costs. The remaining costs will be allocated according to the original agreement. If, for example, the wife waived her share of the deduction in favor of her husband in the first year of the tax refund, then when filing a return for the second year, her share will still be 0%. The husband will not be able to transfer the rest of the deduction to her if for some reason he himself is unable to receive it.

The sole property of one of the spouses - in the absence of a marriage contract, all property acquired during marriage is considered common . Consequently, the amount of tax deduction when purchasing an apartment is divided similarly to the previous option. In this case, it is necessary to conclude an agreement on the distribution of shares; the rule of equal proportions will not work by default.

Personal income tax deductions when purchasing real estate: a complete guide

All the nuances of returning money from the budget.

Many happy owners of houses, apartments, garages and other similar properties sooner or later think about selling this property for various reasons. And almost the same number of people are preparing to purchase all these properties in the near future.

For the first and second categories of persons, the law provides for various deductions. This article will discuss personal income tax deductions for individuals when purchasing real estate. All the nuances of obtaining a property tax deduction are regulated by Art. 220 Tax Code of the Russian Federation.

The legislation provides for the provision of a property tax deduction, but, unfortunately, not for all categories of real estate.

pp. 3, 4 p. 1 art. 220 of the Tax Code of the Russian Federation provide for the provision of property deductions in the amount of expenses actually incurred in the following cases:

for the construction or acquisition of residential buildings, apartments, rooms or shares in them;
for the acquisition of land plots or shares in them for individual housing construction;
for the acquisition of land plots or shares in them, on which the acquired residential buildings or shares in them are already located.
to repay interest on targeted loans (credits), as well as to repay interest on loans received from banks for the purpose of refinancing when purchasing the above-mentioned real estate.

Thus, when purchasing or constructing a garage, when purchasing a plot of land for a garage, purchasing a dacha land plot, the construction of country houses and other real estate on the territory of horticultural partnerships, the provision of property deductions to citizens is not provided for by law.

Although pp.
3 and 4 clauses 1 art. 220 of the Tax Code of the Russian Federation and provide for the provision of deductions in the amount of expenses actually incurred, but this amount still has its limitations, provided for in paragraphs. 1 clause 3 and clause 4 art. 220 Tax Code of the Russian Federation. Thus, the deduction for the purchase of real estate and land cannot exceed the maximum amount of 2 million rubles. The deduction for repayment of interest on targeted loans (credits) cannot exceed an amount of 3 million rubles. The right to a property tax deduction has a number of features for certain categories of taxpayers. For example:

if the right to a deduction when purchasing real estate is claimed by persons receiving pensions, then in accordance with clause 10 of Art. 220 of the Tax Code of the Russian Federation, such a taxpayer has the right to transfer a property deduction to previous periods, but no more than three years preceding the year in which the carry-over balance of the property deduction was formed, the eligibility of this is confirmed by the letter of the Ministry of Finance of the Russian Federation dated November 2, 2018 No. 03-04- 05/78803;
if real estate is purchased from an interdependent person who is such in accordance with Art. 105.1 of the Tax Code of the Russian Federation, then in accordance with clause 5 of Art. 220 of the Tax Code of the Russian Federation, a property tax deduction is not provided to the taxpayer. Interdependent persons in accordance with Art. 105.1 of the Tax Code of the Russian Federation includes an individual, his spouse, parents (including adoptive parents), children (including adopted children), full and half brothers and sisters, guardian (trustee) and ward. Please note that in this article, on general grounds, parents of spouses, grandparents of spouses, uncles (aunts) of spouses are not equated to interdependent persons. So, for example, as specialists from the Ministry of Finance of the Russian Federation note in letter dated January 18, 2019 No. 03-04-05/2228, when a spouse receives a property deduction for personal income tax when buying an apartment from the spouse’s grandmother, if interdependence is not established between the spouse and the spouse’s grandmother , then the spouse has the right to claim a property tax deduction;
if real estate is acquired in the joint ownership of spouses, then regardless of whose name the real estate and payment documents are registered, each spouse has the right to receive a property tax deduction in the amounts established by paragraphs. 3, 4 p. 1 art. 220 Tax Code of the Russian Federation. However, for this it is necessary to submit an application for the distribution of expenses to the Federal Tax Service. If such an application for the distribution of expenses is not submitted, then the deduction will be provided only to the spouse in whose name the expense documents will be issued.

According to paragraph 3 of Art. 220 of the Tax Code of the Russian Federation, the right to property deductions arises from the year in which all the conditions for receiving them are met. It is impossible to receive deductions earlier than the year in which an individual was issued documents confirming ownership of real estate. This means that the right to receive a property tax deduction arises from the moment when the ownership of real estate is registered in the Unified State Register of Real Estate or a transfer deed or other document signed by both parties is received on the transfer of the property by the developer to the participant in shared construction, if housing is purchased in a house under construction.

Please note that according to paragraphs. 6 clause 3 art. 220 of the Tax Code of the Russian Federation, to confirm the right to a property tax deduction when purchasing an apartment, the taxpayer submits documents confirming ownership of the apartment. And if you purchase an apartment in a building under construction, then according to paragraph. 4 pp. 6 clause 3 art. 220 of the Tax Code of the Russian Federation, the right to receive a property tax deduction is determined not only if there is an agreement for participation in shared construction, but also a transfer deed or other document signed by the parties on the transfer of the shared construction object by the developer and its acceptance by the participant in shared construction. Those. The taxpayer has the right to apply to the tax authority for a property tax deduction when purchasing an apartment in a building under construction based on income for the tax period in which the act of transferring the apartment was signed.

The right to receive a property tax deduction in relation to a land plot for development can be exercised only after the right to a residential building built on this plot has been registered.
In this case, the date of registration of land ownership does not matter. Not everyone has the opportunity to take advantage of the property deduction. Individuals may have the right to receive a property deduction if they have income for which a tax rate of 13% is applied, determined by clause 1 of Art. 224 Tax Code of the Russian Federation. If the property is registered in the name of a person who does not have income taxed at a rate of 13%, it will not be possible to issue a deduction until the owner of the property has such income. For example, an apartment was purchased in 2021, but income taxed at a rate of 13% an individual did not have one in 2021. Property tax deductions for 2021 will be denied. However, since tax legislation does not limit the period when the owner can take advantage of this deduction if he has taxable income, the deduction can be received later.

The only point worth paying attention to is that, according to paragraph 7 of Art. 78 of the Tax Code of the Russian Federation, you can submit an application for offset or refund of personal income tax within three years from the date of payment of the specified amount. For example, an apartment was purchased in 2017, the right to receive a property deduction for income taxed at a rate of 13% exists at any time during 2018-2020.

As a rule, it is not always possible to fully take advantage of the property deduction in one calendar (tax) year, and in this case the unused balance in accordance with the provisions of clause 9 of Art.
220 of the Tax Code of the Russian Federation can be transferred to subsequent tax periods until they are fully used. If only part of the property deduction has been used for the acquired property, then you can use the remaining part up to the maximum amount of the deduction in the future when purchasing or constructing another property in accordance with clause 1, clause 3 of Art. 220 of the Tax Code of the Russian Federation, but only in terms of the tax deduction provided for in paragraphs. 3 p. 1 art. 220 Tax Code of the Russian Federation. The legislation does not provide for transferring unused deductions for interest payments on a target loan (credit) to other real estate properties.

Previously, in the Tax Code, in relation to housing purchased before January 1, 2014, a tax deduction both in terms of direct acquisition costs and in terms of expenses aimed at repaying interest on targeted loans (credits) was provided only in relation to the same real estate property property, and if the taxpayer has already taken advantage of this property deduction, then the individual no longer has a basis for receiving the deduction again in relation to another piece of real estate (letter of the Ministry of Finance of the Russian Federation dated October 31, 2018 No. 03-04-05/78306)

After the property tax deduction has been used in full, the law does not provide for the re-provision of the deduction when purchasing subsequent real estate properties; this is directly indicated by clause 11 of Art. 220 Tax Code of the Russian Federation.

In order to exercise the right to receive a property tax deduction, you must provide the tax authorities with a list of required documents. Their list is given in paragraphs. 6, 7 p. 3 art. 220 Tax Code of the Russian Federation. Depending on which property an individual plans to take advantage of the property tax deduction for, it is necessary to provide:

a copy of the real estate purchase agreement and documents confirming ownership;
a copy of the agreement for participation in shared construction and the transfer deed or other document on the transfer of the object by the developer to the participant in shared construction;
a copy of the certificate confirming the ownership of the land plot and documents confirming the ownership of the residential building built on this plot;
documents confirming the payment of funds when purchasing real estate or constructing it (these can be receipts, cash and/or sales receipts, bank statements from current accounts, receipts, acts on the purchase of materials from individuals, etc.). Please note that if the apartment was purchased in common shared ownership, then payment of the share from the account of another buyer cannot be a refusal of a property tax deduction (information from the Federal Tax Service of Russia dated January 25, 2019, decision of the Federal Tax Service of Russia dated November 23, 2018 No. SA -3-9/ [email protected] ));
a copy of the loan agreement and a certificate from the credit institution about the amount of interest paid on the loan;
certificate of income taxed at a rate of 13%.

So, the property has been purchased, the right to take advantage of the property tax deduction is available, and supporting documents are available.
Where and how to apply, an individual has the right to independently, choosing one of two options, receive a property deduction by submitting a tax return to the tax authorities at the end of the calendar year when the right to a deduction arose, or by directly contacting the employer without waiting for the end of the tax period when submitting a written application to the employer, provided that this right to deduction is confirmed by the tax authorities. If you plan to receive tax deductions through the tax office, then at the end of the calendar year you must fill out a 3-NDFL tax return, attach copies of supporting documents and fill out an application for a refund of the overpaid amount of personal income tax. If at the end of the year a declaration is submitted solely for the purpose of obtaining a tax deduction, then it can be submitted at any time after the end of the expired calendar year, but no later than three years after its end, as stated above. If, in addition to receiving a tax deduction, the taxpayer is required to report on the income received for the past calendar year, then the declaration must be submitted by April 30 of the year following the year in which the right to a property tax deduction arose.

After receiving the declaration, the tax inspectorate is obliged to conduct a desk audit within three months and, in accordance with clause 9 of Art. 78 of the Tax Code of the Russian Federation, at the end of this period, send the taxpayer a message about the decision made to offset (return) personal income tax amounts, or a decision to refuse to carry out the offset (return). If the decision is positive, the amount of overpaid tax must be returned to the bank details specified in the tax refund application no later than one month from the day such an application was submitted to the tax authorities. To speed up the process of receiving funds, we recommend submitting a return application along with the 3-NDFL declaration.

If a taxpayer plans to receive a deduction from an employer, then the following algorithm must be followed. A package of supporting documents, together with an application to confirm the right to a property deduction, is submitted to the tax authorities at the place of residence; please note that in this case it is not necessary to provide a 3-NDFL declaration. In this case, according to the deadlines established in paragraph. 4 paragraph 8 art. 220 of the Tax Code of the Russian Federation, within 30 calendar days from the date of filing the application, the tax authorities must confirm the right to receive a property tax deduction. After receiving confirmation, the taxpayer must draw up a free-form application for a property deduction and, together with a notice confirmed by the tax authority, send it to the employer.

Please note that when choosing any option for receiving a property tax deduction, either through the tax office or directly through the employer, if the unused balance of the tax deduction is transferred to the next calendar (tax) year, you must again submit a declaration 3- personal income tax, and receive a notification about confirmation of the right to a property tax deduction, respectively.

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The personal income tax deduction calculator will tell you how much the state owes you.

You can quickly calculate the amount of tax deduction when buying an apartment, paying for treatment or training.

If necessary, you can contact the personal income tax company specialists who will help you get your money back.

What documents are needed to obtain a tax deduction for the purchase of an apartment?

Form 3-NDFL. The easiest way is to fill it out in a program that can be downloaded from the Federal Tax Service website. No special knowledge is needed for this.
2-NDFL certificates from all sources of income. It is not necessary to contact all employers if there are several of them. After March 31, 2020, income certificates for 2021 can be downloaded for free on the State Services portal.
Property document. After 2021, its role is played by an extract from the Unified State Register of Real Estate. A legally significant extract from Rosreestr can be ordered via the Internet on the official EGRN.Reestr for any real estate property.
Application for distribution of deductions between spouses.
Applicant's passport.
Marriage certificate.
Transfer and acceptance certificate or DDU agreement .
Payment documents, including receipts and receipts. Acts on the purchase of materials for repairs, indicating the full passport details of the supplier, if this is an individual.
Application for transfer of funds from the budget to a bank account. To prevent your money from hanging up on unexplained payments, it is better to take a statement of account details from your bank in advance. Any account is suitable, even a bank deposit. You don't need to take a card for this. The main condition is that the account is not closed until the money arrives (the period can take up to 3-4 months).

With the exception of declarations, 2-NDFL certificates and applications, documents are transmitted in the form of copies. However, you must have the originals with you, since the authenticity of the copies is checked by the inspector.

How to get a tax deduction when buying an apartment

After you have prepared a package of documents, calculate the amount of deduction and tax to be refunded. Then it will be checked by the tax office, but the applicant himself must count it. You can get back 13% of the amount actually spent. The limit for purchasing housing using your own funds is 2 million rubles, that is, the maximum refund amount will be 260 thousand rubles.

Interest on a mortgage has its own limit - 3 million rubles, they will return up to 390 thousand rubles. In your calculations, take into account all the nuances, including those that we wrote about above. You may have your own preferences for purchasing a home. For example, maternity capital was used. It is impossible to obtain a property deduction from this amount, so it must be deducted from the cost of the apartment.

There are two ways to receive a tax deduction for purchasing an apartment:

From the employer this year . To do this, you must submit a declaration in form 3-NDFL. The employer does not withhold personal income tax during the year, but pays it to you as part of your salary.
According to the declaration next year. An option for those who do not have an employment contract or are planning to return personal income tax for previous years. Several declarations are sent to the tax office - one for each year.

All collected documents must be sent to the tax office - in person or online through the nalog.ru portal. The wait usually takes three to four months. The tax deduction will come to your account.

Results

Individual taxpayers have the right to take advantage of the property tax deduction for personal income tax when selling property or purchasing housing. In the first case, this deduction can be obtained by sending a 3-NDFL declaration to the Federal Tax Service at the place of registration. In the second - either through the employer or to the Federal Tax Service 3 months after submitting the declaration and a package of documents confirming the purchase.

Find out the deadlines for the desk audit of the 3-NDFL declaration here.
You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

Why they may not give a tax deduction when buying an apartment in 2021

The amount of expenses is not documented.
The documents were completed incorrectly. Possible options: the seal on the contract is not readable, the seller’s passport details are not indicated in the purchase act, the intended purpose is not indicated in the loan agreement.
Other people's funds were used. Classic options are purchasing an apartment using maternity capital, a military mortgage, or purchasing housing by an employer for employees. There is judicial practice regarding claims by the Federal Tax Service against citizens who managed to receive a tax deduction for an apartment when budget funds were allocated to them, but did not inform the tax authorities about this.

Sometimes payment by another person is still allowed:

purchase of housing by spouses;
registration of residential real estate in the name of children or wards.

A citizen has no taxable income from the year of acquisition of real estate. In this case, he will have nothing to return from the budget, since it is impossible to receive money for the period before purchasing the property. The only exception is pensioners, who are allowed to receive a tax deduction when purchasing an apartment based on income documents for the three previous years.
There is a subordinate position or influence between the seller and the buyer. Here are some examples of such situations:

close relatives;
superior and subordinate;
organization and its founder.

Text: Natalia Petrakova, Olesya Moskevich