The types of standard tax deductions to which personal income tax payers are entitled are listed in the Tax Code (TC), Article 218. They can be provided through tax structures or accounting departments at the place of work for both the resident of the Russian Federation and his children.
The procedure for calculating and calculating standard deductions has been worked out quite clearly, and legal violations in this area are not the most common cases in legal practice. But this also happens. Laws are laws, but the human factor has not been canceled. There are violations in the provision of tax benefits by employers and the Federal Tax Service.
And personal income tax payers themselves do not always know exactly their rights. Experienced tax lawyers will help restore justice and return amounts overpaid to the budget.
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Who can get a deduction
Only those citizens who have an official income and pay a personal income tax of 13 or 15% can count on the deduction. You must be a resident of the Russian Federation and reside in the country for at least six months per calendar year.
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How can I get a tax deduction?
- You can get a deduction through the state. To do this, you must submit a tax return and papers confirming your right to the deduction.
- You can also receive a deduction through your employer. Provide him with a notice of deduction from the Federal Tax Service. On this basis, he will temporarily suspend the withholding of taxes on wages.
When is it necessary to submit a declaration?
Citizens who are required to declare their income must submit an application for the deduction before April 30 of the following year for which the deduction is issued. For those who want to return the deduction for education or treatment, they can do this within three years from the date of payment of expenses.
What are the tax deductions?
- Standard - deductions for a child, as well as those received by preferential categories of citizens.
- Social – deductions for education, treatment, charity.
- Investment – deductions for income from securities and an individual investment account.
- Property – deductions when buying or selling real estate.
- Professional – deductions for entrepreneurs, individuals who work under a GPC agreement, private practice specialists, for example, notaries, writers.
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What has changed in tax deductions in 2021
From this year, the income of individuals is divided into the main and non-basic tax base. The non-primary base includes income from the sale of securities and lotteries. The main tax base includes all income that is subject to personal income tax at a rate of 13 or 15%. For example, wages, income from deposits.
At the same time, all deductions are applicable to the main base, and only a few are applicable to the non-basic base:
- deduction for long-term holding of securities;
- deduction from an individual investment account when buying and selling securities;
- deduction when carrying forward losses to another period. Possible for income from transactions with securities.
These changes must be taken into account on your 2022 tax return for 2021 expenses. During this period, you can report on expenses for 2021 as before and only on income at a rate of 13%.
Who is entitled to a property tax deduction?
The features of property deduction are specified in Article 220 of the Tax Code of the Russian Federation. A property deduction can be received by a citizen who has carried out transactions with real estate:
- sold or bought real estate (housing, land, dachas, etc.);
- built housing.
When purchasing an apartment, the deduction will be up to 650 thousand rubles. It can be received by a citizen who purchased an apartment in installments or paid for it in full. You can receive a deduction only after signing the title document. For a new building, this is an acceptance certificate, for secondary housing - an extract from the Unified State Register of Real Estate or a certificate of ownership.
You can receive a deduction from an amount of two million rubles and below. If the cost of the apartment is more, two million rubles are still taken for the original amount. The unused balance of the deduction can be used for another property. The deduction amount can include the cost of finishing the home if you buy it in a new building.
In addition, if you bought your home with a mortgage, you can pay back the interest. The maximum amount of interest deduction is up to three million rubles. So, up to 390 thousand rubles can be returned from the budget.
The seller of an apartment, a share in it, a room, a private house, or a plot of land can also receive a property deduction. One million rubles are deducted from funds received from the sale of real estate. The final value is multiplied by 13%. For example, if you sold a plot of land for one and a half million rubles, the tax amount is equal to: (1,500,000 – 1,000,000)*13% = 65,000 rubles. The deduction can only be received once a year.
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It is possible, instead of a deduction, to use for a discount the amount that you previously spent on purchasing real estate. However, you must have official proof of the costs. For example, a contract for the purchase of real estate. This method is beneficial if you spent more than the required deduction on the purchase of property. To calculate the tax, you use the net profit from the sale of the plot. Let's say you purchased a plot of land for 1.2 million rubles, and sold it for one and a half, i.e. from its sale you received a benefit of 300,000. From this amount you will calculate the amount of the duty. So, personal income tax is equal to: (1,500,000 – 1,200,000) * 13% = 39,000 rubles.
If the property has more than one owner, upon sale they will receive an amount proportional to their share of the property. At the same time, by selling the property at the same time, the former owners will receive one tax deduction for all. If each owner sells his share of the property separately, he will receive a full deduction.
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Who is eligible for the standard tax deduction?
This deduction is regulated by Art. 218 Tax Code of the Russian Federation. Standard deductions are available to citizens and their children. The deduction is due to certain persons, for example, disabled people, Chernobyl survivors, and relatives of a serviceman who died while performing his duties. The amount of the deduction will range from 500 to three thousand rubles. It all depends on the preferential category.
The deduction for the child is due to both parents, guardians, trustees, adoptive parents and foster parents. The child must be supported by them. The deduction is due from the moment the child is born until he reaches the age of majority or the age of 24 if he is a full-time student. The first and second children are entitled to up to 1,400 rubles a month, and the third and subsequent children are entitled to three thousand. The more children there are in a family, the greater the final deduction amount. The deduction is summed up with the regular child deduction. For example, if one of the children is disabled, then each parent can receive an additional deduction of three thousand rubles for him.
The single parent is given a double deduction. However, the double amount ceases upon the parent's marriage.
The deduction for children is applied until the parent’s income from the beginning of the year does not exceed 350 thousand rubles. Starting next year, the deduction will be applied again.
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Who is eligible for social tax deductions?
This deduction applies to:
- charity;
- teaching your own children and brothers and sisters;
- treatment for yourself and your family;
- voluntary pension insurance;
- life insurance;
- the funded part of the pension;
- independent assessment of qualifications.
The condition for granting you a deduction for the treatment or education of your relatives is that they are supported by you.
When deducting for charity, the amount of donations is deducted from your income, but not more than 25%. When deducting for the education of children, a deduction of up to 50 thousand rubles is allowed. If the total amount of expenses exceeds 120 thousand rubles, the taxpayer must choose which expenses to deduct. The deduction for treatment is not limited.
For this group of deductions, you must contact the Federal Tax Service directly. The declaration must include documents that confirm your expenses.
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Who is entitled to an investment deduction?
There is a Type A deduction. If you put money into your individual investment account, you can get 13% back on that amount. For example, when you deposit money into your account in 2021, you are entitled to a refund of 13% of this amount. It is important to remember that the deduction is possible once a year and only for the amount that you contributed last year. In addition, the amount of the tax discount does not exceed the personal income tax paid for you, but not more than 52 thousand rubles.
There is also a type B deduction, it is suitable for those who do not pay personal income tax. The deduction is provided to citizens when selling securities that are traded on an organized market and purchased through a brokerage account. The right to deduction arises when selling securities that were in your account, which was opened three years ago. You can apply for the deduction yourself or your broker will arrange the deduction.
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Amounts of standard deductions in 2021
People who have special services to the Fatherland are given a standard tax deduction of 3,000 rubles. That is, they give 390 rubles to the budget monthly. Fewer payers who:
- have been diagnosed with “radiation sickness” or other pathologies caused by accidents at the Chernobyl Nuclear Power Plant or Mayak PA;
- received disability as a result of the events from the previous paragraph, participated in eliminating the consequences;
- worked in 1988–1990 at the Shelter facility;
- participated in testing or remediation of activities at military installations with elevated levels of radiation;
- received a disability during combat operations or receive a pension equivalent to this category.
The next group of beneficiaries under the standard tax deduction is exempt from paying personal income tax from 500 rubles. They calculate 60 rubles. less every month for tax residents of the Russian Federation who:
- have disabilities of groups 1 and 2 or are considered disabled since childhood;
- received full sets of Orders of Glory, as well as the title of Hero of the Russian Federation or the USSR;
- are participants in the Second World War, blockade survivors, prisoners;
- acquired a diagnosis of radiation sickness and other radiation-related pathologies in public service;
- were exposed in excess of the standard dose or received occupational diseases as a result of working in police, state police, penitentiary, and medical institutions;
- were bone marrow donors to save the lives of others;
- eliminated the accident at the Mayak Production Association or were forced to relocate after this event;
- are parents or non-remarried spouses of military personnel who died in the line of duty;
- participated in hostilities in Afghanistan or on the territory of the Russian Federation.
The largest standard tax deduction is for children. For the first-born and subsequent child - from 1,400 rubles, that is, 182 rubles monthly for each. For all subsequent ones - from 3000 rubles, to 390 rubles.
For a disabled child under 18 years old - from 12,000 rubles, which will reduce the tax amount by 1,560 rubles. The last benefit is extended for groups 1 and 2 up to 24 years of age if the child is studying at a university or other educational institution as a student, resident, intern, graduate student, or full-time as a student.
Adoptive parents, guardians, guardians are given the same benefits, except for standard tax deductions for disabled children - unlike natural parents, they will receive an exemption from personal income tax not from 12,000, but from 6,000 rubles. This will reduce the tax by 780 rubles.
The benefit for children in accordance with the priority is not absorbed by the tax deduction for a disabled child. If this is the first-born, then 182 + 1560 = 1742 rubles will not be withheld from the salary in personal income tax.
If there is only one parent or person replacing him, then he has the right to receive a double tax deduction. Until he gets married. In the month following the registration of marriage, the standard tax benefit for children will be provided to him in a single amount. One of the parents may have the right to a double deduction if the other parent refuses in writing this form of personal income tax compensation.
To receive a standard tax deduction, you must provide the employer or the Federal Tax Service with all the documents necessary to confirm your right to the benefit. In the month when the total income since the beginning of the year exceeds 350,000 rubles, the tax deduction for children ceases to be accrued.
