Matkapital is issued to all families at the birth of their first or second child. It can only be spent on a certain number of purposes, which include increasing living space.
Therefore, many citizens prefer to use a large sum from the state to purchase real estate. But at the same time, difficulties arise with the registration of property deductions. This is due to the fact that only the amount that was personally contributed by citizens to purchase the property is taken into account.
Let's talk in the article about tax deductions and maternity capital. Is it possible to get it when buying an apartment using a certificate?
Is it possible to return personal income tax?
The purchase of residential real estate allows each person receiving official income to request a refund. It is 13 percent of the cost of the object, but the maximum amount given out is 2 million rubles, so you can only get 260,000 in your hands.
But such conditions apply only to those persons who spent exclusively their own savings on the purchase of real estate. If government funds or employer money were used to purchase the property, then it is impossible to obtain a deduction from them.
Therefore, if maternity capital was used during the purchase of a home, then when calculating the benefit, the deposited amount under the certificate is deducted from the price of the property . In this case, you can return the deduction not only for the apartment, but also for other real estate objects, represented by houses or rooms.
To get a tax refund, you can directly contact representatives of the Federal Tax Service, receiving annually a large amount represented by the personal income tax paid for the previous year. Additionally, you can apply for a benefit through your employer, receiving your entire salary every month without collecting personal income tax until the benefit is completely exhausted.
According to Art. 220 of the Tax Code, a refund cannot be obtained if the transaction was concluded between relatives or interdependent persons. The same applies to the purchase of real estate from superiors or at the expense of the employer. If only maternal capital was used to purchase an object, so the citizen did not invest his own funds, then he will not receive the benefit.
Attention! If the correctly calculated deduction is greater than the amount of tax paid in one year, the balance is carried forward to future years.
Deduction when purchasing real estate
The Tax Code of the Russian Federation states that income tax is the amount that a citizen or company must pay, which is based on their income. In this case, expenses are deducted from it.
Therefore, the question arises: does it apply to maternity capital? Thus, Article 214 of the Tax Code of the Russian Federation states that material assistance from the state is not subject to tax, which is equal to 13%. That is, it is impossible to return 13 percent directly from maternity capital. But what can you do to save money? We'll figure out.
Many people believe that using maternity capital to purchase housing automatically deprives the owner of a tax deduction. Now, that's not true.
Families who purchased real estate using maternal capital can also receive a tax deduction - this is the amount that is returned after the family purchases real estate with personal income tax paid earlier.
A person who has received maternity capital has the following options for using it:
- to improve the quality of real estate;
- spend on children's education;
- invest in your future pension;
- spend on improving the health of a sick child.
In turn, the right to tax deduction can be used by a family that:
- I bought housing with my savings;
- received a mortgage loan;
- carried out repairs of dilapidated housing;
- bought land for real estate construction;
- purchased the property with her own funds.
Attention! The property deduction does not include targeted and consumer loans that the family did not take to purchase a home.
There are a number of conditions that are mandatory if the family wants to return part of the funds:
- the cost of living space should be up to 2 million rubles (if the property is more expensive, then you can still get the money back from 2,000,000);
- must have Russian citizenship and official employment in the country;
- a citizen must have Russian resident status, that is, reside in the country for more than six months;
- The deduction should be made only from credit or personal money.
How to calculate correctly
If not only your own funds, but also money from the Pension Fund under a certificate were used to purchase real estate, then the refund is provided not for the full cost of the housing, but for the amount that the citizen contributed directly.
If the apartment was purchased with the help of a mortgage loan, then you can additionally apply for a second deduction on interest, which reaches a maximum of 390 thousand rubles. from 3 million rubles. The disadvantages of this benefit include the inability to transfer balances, so it is only available for one mortgage.
To correctly calculate the deduction, it is recommended to evaluate the following example:
- the spouses purchased an apartment for 2 million rubles in 2021;
- to purchase this property they used capital in the amount of 450 thousand rubles;
- They will be able to return the tax only on 1.5 million rubles, so they get 195 thousand rubles back, although the balance is 65 thousand rubles. is carried over to future real estate purchases.
The subsidy is deducted from the cost of the apartment, and not from the maximum tax deduction. If a family purchases an object whose cost is 3 million rubles, then even after reducing this amount, more than 2 million rubles remain for maternal capital, so citizens can receive the maximum deduction amount, which is 260 thousand rubles.
If citizens decide to sell an apartment for the purchase of which a certificate from the Pension Fund was used, then the following rules are taken into account :
- if citizens owned the property for less than 5 years, then they are required to pay tax on the income received;
- You can reduce the amount of the fee using different methods, but the most often used is a tax deduction, the amount of which is 1 million rubles, so the tax is paid only on the remaining amount;
- another method involves taking into account all expenses for the acquisition of an object;
- when determining costs, you do not need to deduct maternity capital used to purchase housing;
- for example, if a family bought an apartment for 3 million rubles, but after 2 years decides to sell it for 3.5 million rubles, then the tax is calculated on 500,000, so maternal capital is included in expenses.
Reference! If difficulties arise with calculations, then it is important to consult with employees of the Federal Tax Service or a lawyer.
The bank took part of the certificate into account as interest, and part as towards the principal debt.
When drawing up a mortgage lending agreement, first payment is made under the main agreement, and then for mortgage interest. The rule also applies to housing purchased using maternity capital. A deduction is also issued. Getting confused about how to spend government payments is problematic.
A situation where a target payment is used both to repay the principal debt and as a payment for interest is possible only if the borrower has repaid part of the principal debt with it, and the capital capital turns out to be more than the required amount. The balance is then carried over as mortgage interest payments.
In this case, the scheme is simple. When calculating the main deduction, the amount of maternity capital is subtracted from the cost. Then, when they file deductions for interest, they do the same.
Stages of registration
Before applying for this benefit, it is important to choose the appropriate method of receiving funds. To do this, you can directly contact the Federal Tax Service employees for several years or request a deduction through your employer.
Most often, citizens prefer to receive a large amount annually, which is the total amount of personal income tax for the previous year. Even if maternity capital was used to purchase an apartment, but personal savings were also used, you can get a return, the size of which depends on the amount of funds invested.
To receive a benefit through the Federal Tax Service, the following steps are performed:
- The employer is asked to provide a 2-NDFL certificate containing information on the amount of tax withheld for the year of work;
- the 3-NDFL declaration is filled out, for which you can use a simple program downloaded for free on the Federal Tax Service website;
- a complete package of documents is prepared, which includes title documentation, a loan agreement if the apartment was purchased with borrowed funds, evidence of payment for housing provided by checks, bank statements or receipts, marriage and birth certificates, a copy of the certificate for maternal capital;
- the prepared documentation is handed over to employees of the Federal Tax Service branch at the family’s place of residence along with an application containing the details of the bank account where the refund will be transferred;
- documents are checked within three months, after which representatives of the Federal Tax Service transfer money to the specified account within one month.
When filling out a declaration using the “Declaration 2020” program, it is mandatory to indicate that capital was used to purchase real estate. Based on the data received, the program performs an automatic calculation, which allows you to find out what total amount of deduction the applicant can receive.
If citizens, when submitting documents and filling out a declaration, do not inform representatives of the Federal Tax Service that a certificate was used to purchase an apartment, then they will have to return the illegally received money. The same applies to the situation when housing is purchased from a related person or when concluding a transaction with a relative.
Important! The money is returned regardless of whether the taxpayer knew about the fraud or not.
Required documents
You need to submit a package of documents to the tax office that confirm your right to receive a tax benefit.
What documents are required to receive compensation:
- Completed 3-NDFL declaration. In the line “Amount of actual expenses incurred for new construction or acquisition of an object,” indicate the amount minus maternity capital.
- Certificate of income.
- Application for tax refund.
- A copy of an identity document.
- Copies of documents confirming ownership. This is an equity participation agreement and a transfer and acceptance certificate or a purchase and sale agreement and an extract from the Unified State Register of Real Estate.
- To deduct interest, you need a copy of the loan agreement and payment schedule.
- Payment documents confirming actual housing expenses.
- Extract from the pension fund on the provision of maternity capital.
Receipt procedure
You can receive a tax deduction only from the amount that was paid out of your own pocket or taken out of a mortgage; maternity capital is not taken into account. To get a refund you will need to do the following:
- Collect the required package of documents.
- Submit them to the tax office or directly to the employer for calculation.
After checking the submitted papers, a decision will be made on a positive answer or refusal to accrue a deduction. If the tax office found the request justified, and the documents provided fully satisfied the requirements for the situation, the money will be returned in one of the following possible ways:
- In full to the specified bank account.
- In parts in the form of personal income tax not withheld monthly, up to a full refund of the accrued amount.
The first option is only possible when submitting documentation to the tax office, and the second when contacting the employer.
Legal basis
Legislative norms regulate all aspects of relationships that arise between citizens, legal entities and state budgetary structures. Speaking about maternity capital, one should focus on the standards set out in Federal Law No. 256, published at the end of 2006. According to this regulatory act, funds from the federal budget are allocated to families in which, starting from 01/01/2007, a second or subsequent child was born.
The amount of state support is fixed and the same for everyone. The subsidy is one-time in nature, and can only be used in certain areas. The allocated funds are allowed to be spent on:
- Improving living conditions by purchasing a home or carrying out major repairs to it.
- Getting children an education.
- Rehabilitation actions aimed at adaptation of disabled children.
- Increase in mother's pension benefit.
The family decides where to spend the money and when to use the allocated subsidy, but most often this money goes specifically to purchasing real estate.
Is maternity capital taxed?
Based on clause 34 of Art. 217 of the Tax Code of the Russian Federation, income received from the implementation of state support measures is not subject to taxation. These include, but are not limited to:
- federal maternity capital;
- regional maternity capital, the decision on the issuance of which is made by the authorities of the constituent entities of the Russian Federation.
It is worth noting that until 2012, many regions could impose income tax on local maternity capital. But after the entry into force of the law of November 29, 2012 No. 205-FZ, regional maternity capital was also included in the list of income that is not subject to personal income tax.
In addition to maternity capital, there are a number of payments for families with children, which are also exempt from taxation:
- State benefits, except for payments based on sick leave for caring for a sick child.
- Monthly payments in connection with the birth or adoption of the first and second child, in accordance with the law of December 28, 2017 No. 418-FZ (“Putin’s” benefits).
- Child support received by parents.
