At first glance, owning a garage is a simple and understandable matter, promising a lot of advantages: the car is always safe, and it can be repaired if you have the skills, without resorting to the services of a service station. However, in addition to the cost of purchasing and paying off a car loan, you also need to pay a garage tax. At the same time, the type of construction does not play any role - monumental (permanent) or temporary (simple iron block). Let's consider what it represents itself and what it obliges the owner to do.
What does the garage tax consist of?
Many people consider a garage to be a fairly simple structure, but in fact it is a complex of complex buildings and the land on which it is located. All this is required by law to pay taxes. In fact, you need to make two separate payments:
- property tax;
- land tax.
What is the garage tax?
A garage is a full-fledged property - non-residential real estate. The garage tax rate in 2021 is, as before, determined by the municipality. The tax begins to be calculated from the moment the property is registered in the Register and directly depends on the cost of the garage. The cadastral value is taken into account.
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up to 7.75%
per annum
from 1
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According to paragraph 2 of Article 406 of the Tax Code of the Russian Federation, the garage tax for individuals is 0.1%. At the same time, it should be taken into account that the garage tax rate can be reduced to zero or increased, but not more than three times, by regulatory legal acts of representative bodies of municipalities (laws of the federal cities of Moscow, St. Petersburg and Sevastopol) .
The assessment is made by specialists, but they may allow errors. In this case, you can apply for recalculation of the cadastral value.
As for land tax, it depends on:
- cadastral valuation of a land plot;
- tax rates in the region (the national average is 1.5%);
Also, the payment will differ depending on the type of garage ownership. If the area under it is your property, then the tax office will send a receipt for payment.
Document preparation procedure
The tax applies to property located in the local area. In this case, we are talking only about land owned by individuals. These changes apply not only to summer residents, but also to village residents. Pensioners will also pay for all but one of the buildings.
The tax amount is calculated by the tax inspector. To do this, it uses averages across all data. The total amount is divided by the number of plots indicated in the document. The result is a sum that applies to all lands.
Note! Today, cadastral valuation of land is carried out at least once every 5 years. But it cannot be carried out more than once every 3 years. The size of the tax depends on its size.
If the garage is in a cooperative
If the land under the garage belongs to the cooperative in which you are a member, then the receipt will be common to the entire association. Accountants will independently add the required amount of garage tax in a garage cooperative to your payment slip.
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up to 11%
per annum
from 100 thousand
91 days
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If the land belongs to a cooperative, which may not pay tax, then the owner of the garage is also exempt from paying tax on the land under the garage.
If you rent out a garage, you will also have to pay tax on the income you receive from renting it out. The income tax rate is 13%.
How to record contributions?
Targeted financing of GSK in the form of contributions is a mandatory condition for all participants of the non-profit association. Share contributions can be made in kind or in cash. For all other contributions, one expression is provided - monetary. Everything is clear with the appointment of entrance and membership fees. But there are others - targeted, additional. The first ones are paid for the purpose of purchasing equipment, material support for major repairs, etc. A protocol on the need to introduce targeted contributions is drawn up at the general meeting. Additional contributions are relevant in case of unprofitability of GSK and the occurrence of force majeure circumstances. To record the vast majority of contributions, the cooperative accountant uses account 86. It reflects targeted financing. Subaccounts can be created to separate contributions by cost category and track transactions. In systematizing GSK contributions, it makes sense to highlight: - capital investments; — organizational expenses; — expenses for current needs. As for postings, the basic scheme includes: Calculation of the share contribution going to the garage cooperative fund - Dt76 Kt86
.
Payment of contribution by a member of the cooperative - Dt50.51 Kt76
.
Use of funds to cover current expenses – Dt86 Kt26
.
Reflection of non-operating income – Dt86 Kt91.1
.
Garage tax for pensioners
Despite the fact that tax benefits for pensioners still remain, since 2015 the conditions for paying taxes for them have also become more stringent. How do pensioners pay tax now? A garage is usually only one property owned. Previously, pensioners were completely exempt from paying such taxes. Since 2015, they can choose only 1 tax-free property. Since paying for an apartment or house usually hits the pocket harder, especially if there is a mortgage, pensioners choose this property. In this case, the garage tax must be paid in full.
However, when choosing a garage as an object of preferential taxation, if it is divided into shares and the co-owner is not a pensioner, then you can avoid paying tax only for the part owned by the pensioner.
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up to 9.5%
per annum
from 50 thousand
300 days
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If the owner is a pensioner
Since the tax amendments entered into legal force, some aspects have been adjusted for citizens of retirement age.
As with other preferential categories, pensioners are exempt from paying taxes exclusively on one category of property.
If the benefit was issued for a dacha, house or apartment - garage building, it is confirmed for taxation according to generally accepted rules.
It is important to remember: if a garage building is exempt from taxation, but is in common shared ownership with citizens who are not of retirement age, then only part of the benefit recipient is exempt from tax.
An additional feature is the cancellation of exemption from taxation of land plots that were allocated for any type of property for the use of pensioners.
At the same time, there is a loophole - the right to provide benefits remains with local governments. In other words, they can legitimize this fact at the regional level.
The mechanism for receiving benefits in 2021 remained unchanged and is as follows:
- You must contact the territorial tax authority at your place of residence.
- You must have all the necessary documentation with you, including your pension certificate.
Important: a copy of the pension certificate must be attached to the completed application.
Read how to challenge the cadastral value of a garage. Is it possible to buy a garage without documents? Information here.
What documents are required to sell a garage? Details in this article.
Do I have to pay tax on garage sales?
If the garage owner officially sold the garage or car, then he received a profit on which he must pay taxes. There are two options for paying the tax depending on how many years the owner has owned the property.
If more than 3 years
In this case, you will not have to pay income tax. Since 2010, owners of such property have been exempted from filing declarations and paying taxes after the sale. This applies to relationships that arose after January 2009.
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up to 8%
per annum
from 10 thousand
up to 367 days
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If less than 3 years
In such cases, there is a possibility that the owner is engaged in repurchasing. In this case, the tax is determined by one of 2 options:
- 250,000 rubles are deducted from the amount received upon sale if there are no documents confirming the existence of acquisition costs. From what remains you need to pay 13%.
- The income that was received is reduced by the amount of expenses associated with the acquisition of property, regardless of when it was purchased. 13% is paid on the balance. Privatization costs cannot be applied to this method, since this is not a purchase.
If a foreign citizen sells the garage, he will have to pay 30% as a non-resident.
The sale price is specified in the contract, which becomes the basis for filling out the declaration. You should not obviously underestimate the price in the contract - Federal Tax Service specialists can check this information and request the cadastral value.
What benefits do pensioners have for owning a garage in 2022?
According to current legislation, pensioners are exempt from paying property tax. Property tax for them is zeroed out for both a garage, an apartment, and a country house.
But you need to understand that the property benefit is not provided for all property owned, but only for one object of each type. For example, if a pensioner has several garages, then for one of them he will have to pay property tax on a general basis.
Property tax begins to be calculated from the moment the pensioner’s property rights are registered. Its rate is set at the regional level. Its maximum value is up to 0.1% for objects less than 300 thousand rubles. up to 2% - more than 500 thousand rubles. The tax is calculated based on the inventory value of the garage. Every year, the Federal Tax Service sends out receipts with demands for tax payment, and they also contain a calculation of the amount.
Tax benefits for property tax are provided only after submitting an application to the Federal Tax Service and confirming the right to benefits (pension certificate). Until the submission of these documents, the Federal Tax Service will continue to send out receipts demanding payment of tax.
How to calculate garage tax?
Let's assume that the garage is being sold by the owner who inherited it 2 years ago. In this case, he must pay tax (owned for less than 3 years). In addition, he cannot present the purchase costs to the Federal Tax Service, since he inherited the garage from his grandfather.
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up to 8.7%
per annum
from 50 thousand
up to 1100 days
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He sells the garage for 900,000 rubles. Since he does not have documents confirming expenses, he can only reduce the tax base by 250,000 rubles. The remaining amount will be taxed at 13%:
900,000 – 250,000 = 650,000 rubles. 650,000*13% = 84,500 rubles - he will have to pay.
If he sold the garage for 250,000 rubles or less, then he would not have to pay any taxes.
Another example.
The owner is selling the garage for 900,000 rubles. I bought it 2 years ago for the same 900,000 rubles, but now I urgently need to sell it due to moving. He will not pay any tax, because he has an agreement in his hands, according to which he bought a garage for the same money.
900,000 – 900,000 = 0 rubles.
And if he sold the garage after 3 years, he could sell it even for 2 million, without having to pay tax.
Who is entitled to benefits?
Russian legislation establishes a list of preferential categories of citizens who have the right to count on tax exemption:
- citizens who have 1 or 2 groups of incapacity, including those who have been disabled since childhood;
- citizens who were recognized as victims of radiation exposure at emergency facilities, as a result of which they received radiation sickness;
- military citizens and retirees who served over 20 years;
- citizens with the status of internationalist warriors;
- WWII participants;
- families of military personnel and citizens due to the loss of a breadwinner.
Additionally, among the preferential categories for property tax are owners of garage buildings who have ownership rights of no more than 50 square meters. meters and are located on the territory of personal plots or plots used for the purpose of farming.
Summary
When calculating the tax on a garage, it is necessary to take into account that it will consist of two parts: a tax on the object and on the land plot located under it.
The tax may be reduced, increased or eliminated by local legislation. When selling an object, a citizen must pay a tax of 13%. If the property has been owned for more than three years.
The seller is exempt from paying tax.
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