Return 13 percent when buying an apartment in 2020
- The amount of maternity capital and other social and government funds is not subject to reimbursement of 13%.
- transactions from which a tax refund can be obtained cannot be concluded between close relatives;
- the purchased property must be in our country;
- An income tax deduction can be obtained for the purchase of any residential real estate, including a residential building and land plot, and the construction of a residential building.
A pressing question is whether pensioners are entitled to a 13 percent tax refund on the purchase of an apartment. After all, in fact, this age group of the population does not pay tax, because social payments are not subject to taxes. But before retirement, payments to the budget were still received, so when buying a home during retirement, the buyer can count on a refund of the income tax he paid for the last three years before retirement. For example, if a pensioner’s salary before retirement was 10,000 rubles, then the income tax was 1,300 rubles per month, and for 3 years - 46,800 rubles. This is the maximum amount of deduction that a buyer of retirement age can expect.
Briefly about the program
In 2020, the state program that came into force in 2001 continues to operate. The government drew attention to the slowdown in progressive processes in the real estate market and associated this phenomenon with the high level of taxes paid by sellers and buyers. A tax deduction is a kind of mechanism through which the taxpayer is refunded part of the amount paid through non-cash payments.
Important!
The 13 percent refund was undertaken not so much to reduce citizens’ expenses for purchasing an apartment, but to stimulate the construction business. The number of housing already built at the time of the introduction of the state program was greater than the number of potential clients for its purchase.
The tax refund was an excellent solution for those who bought an apartment with a mortgage, but simply buying an apartment became less expensive for those who met the requirements set by the program.
Before finding out what documents are needed to apply for a tax deduction, you need to know how well the applicant meets the requirements. Indeed, in the legally established conditions for providing a tax bonus, there is a clearly defined list of points for providing a refund of 13 percent from the moment it is valid. For this purpose you need:
- be a citizen of the Russian Federation, with residence permit and official registration and purchase real estate on the territory of your state;
- pay the personal income tax provided for by the Tax Code, and other taxes too (and this presupposes official employment);
- do not exhaust all tax deductions due during your lifetime;
- 13 percent is returned to pensioners, provided that in 2020 at least three years have already passed since retirement and the end of any working activity;
- the purchase of an apartment is made with personal funds, and not with maternity capital, and without the participation of any subsidy program or social benefits;
- if a request for a refund is submitted regarding housing purchased with a mortgage and involves the reimbursement of part of the interest on the funds paid, but the mortgage loan was issued without the participation of programs and benefits.
Look at the same topic: What's new in accounting from January 1, 2020
Note!
Documents for return from purchased housing can be submitted by the legal husband or wife, parents (if we are talking about purchasing an apartment for a minor child). But all these requirements apply only if the apartment costs no more than 2 million rubles.
More expensive purchases are not eligible for the 13% deduction. The amount of a refund for a year cannot exceed what the taxpayer paid to the government for the year, so sometimes the refund can last for several years.
List of documents for a 13% refund from the purchase of an apartment
There is still an important point to be made. You can apply for a property deduction only within 3 years after purchasing the property. If the application was submitted after the specified period, the fiscal authorities will refuse the taxpayer’s request, and this will be completely legal.
Documents are submitted to the fiscal service at the place of registration of the owner, or through the enterprise, in the case of filing a deduction through the employer. The paperwork process will take a total of 4 months, so please be patient. In addition, the list will differ in different situations. Let's consider what documents are needed to return 13 percent from the purchase of an apartment in 2020 in each individual case.
List of papers that must be submitted to the Federal Tax Service for reimbursement of 13% tax
Before going to the territorial inspectorate of the federal tax service, you must prepare the following list of documents to receive a personal income tax refund on mortgage interest.
These must be photocopies and originals, which may be required by the inspector to verify the correctness of the specified data, as well as to certify the attached copies.
Here are the main documents you will need:
- General passport and TIN.
- Application for interest deduction.
- Certificate of income in form 2-NDFL, issued by the accounting department at the place of work. This document is currently issued only for one calendar year; if it is necessary for several years, then you will need to obtain several certificates for each year. It is important that for the INFS this certificate has no expiration date. It indicates the amount of accrued and paid personal income tax, for which a refund will be made.
- Tax return in form 3-NDFL, which is filled out independently or by specialists.
For housing:
- Real estate purchase and sale agreement and signed transfer and acceptance certificate.
- Certificate of ownership.
By loan:
- An agreement concluded with a bank for the purchase of real estate. A schedule of payments must be attached to it, where part is allocated for debt and part for interest.
- Certificate from the bank about payments made. It must contain a breakdown of the loan repayment amounts (principal and interest) with exact dates. This certificate is also not limited in validity.
Important! If the property was purchased jointly with a spouse, then you will additionally need: a document confirming the marriage, a marriage certificate (copy and original) and a written agreement on the agreement of the spouses on the distribution of the amount of the property tax deduction.
What documents are needed to return 13% from the purchase of an apartment?
Many people are also interested in how to fill out a tax return in form 3-NDFL and where to get a 2-NDFL certificate. We have already written about all this in previous reviews. The 3-NDFL declaration is filled out on the basis of the 2-NDFL, so first of all we recommend obtaining this certificate . Do this in the employer’s accounting department or via the Internet. The second option is much more convenient. Read how to obtain a 2-NDFL certificate through government services in a separate article. You can also fill out the 3-NDFL declaration via the Internet, or rather in the taxpayer’s personal account. Read how to do this here. However, this will require an electronic signature. If there is none, then the declarations are on the Internet.
Every citizen of the Russian Federation who gives the state part of the funds from their income has the right to receive a property tax deduction. You can return 13% of the cost of housing, regardless of whether it was purchased with your own money or through borrowing funds. To receive this benefit, you need to prepare a package of documents and certificates. We will tell you in this article what documents are needed to return 13 percent from buying an apartment with your own money or using a mortgage. We described how to obtain a tax deduction and what features this procedure provides in a separate review.
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What documents need to be submitted to the tax office for a refund 13
Note. According to the old rules (if you have the right to deduct before 2014), such an agreement must be made in the case of common joint property. According to the new rules (if you have the right to deduct since 2014, including 2014), such an agreement, as a rule, is made only if the cost of housing is less than 4 million rubles. If the cost of housing is 4 million rubles or more, in any case, everyone is entitled to a 2 million ruble deduction, so there is no need to distribute anything. And no agreement is needed.
The situations mentioned include the purchase of residential real estate. What documents need to be prepared to submit a request for a tax deduction, where to apply for them and how much money can be returned in general will be discussed in the story below.
Documents for a 13 percent refund from the purchase of an apartment
If children own a share in the apartment, parents can receive a tax deduction for their share. When the child grows up and wants to buy a separate home, he will be able to receive a full tax reduction. If you are not working, you can receive it only for the last 3 years and in case of official employment during this period.
Not all citizens know that when purchasing real estate, they have the right to a tax deduction in the amount of 13% of the cost of the purchased housing. If a person is employed and the employer pays taxes, Article 220 of the Tax Code of the Russian Federation provides for a reduction in personal income tax for the costs of purchase, construction and finishing:
Refund of property deduction for personal income tax when building a house
When submitting documents, you need to know that one taxpayer can submit documents for tax deductions only once. That is, if a tax refund is expected for several past years, documents, including several tax returns—one for each year—must be organized by tax periods. If an individual himself discovers an error or inaccuracy in the declaration, the taxpayer has the right to submit an updated version for verification.
- Payment for expenses was not made from personal funds (if government subsidies, financial assistance from the employer, or maternity capital funds were used).
- The purchase of an unfinished house was made from an interdependent individual (relationships in accordance with the Family Code of the Russian Federation - parents and children, spouses, guardians and wards).
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Documents required for a 13 percent refund on the purchase of an apartment
When purchasing real estate, Russians pay property tax to the state treasury. If a citizen is a personal income tax payer, he has the right to receive a tax deduction in the amount of 13%. It does not matter whether the property was purchased with one’s own finances or with a loan. To receive a deduction, the taxpayer must know what documents are needed to return 13 percent from the purchase of an apartment.
Documents are submitted to the fiscal service at the place of registration of the owner, or through the enterprise, in the case of filing a deduction through the employer. The paperwork process will take a total of 4 months, so please be patient. In addition, the list will differ in different situations. Let's consider what documents are needed to return 13 percent from the purchase of an apartment in 2020 in each individual case.
What to do if the store refuses to return money
If the client is convinced that the seller has violated legal norms, then he has the right to appeal to Rospotrebnadzor and to court.
Rospotrebnadzor will organize an inspection, as a result of which the seller, if there are legal grounds, will be held administratively liable. To do this, the client must send an application in person to the institution or by registered mail with acknowledgment of receipt. You can use the government agency's website. The period for consideration of the application is 30 days.
If there is no result, you must go to court. In this case, it will be possible not only to return the money to the card, but also to receive a penalty. There is no need to pay state duty. The period for consideration of the case is 2 months.
What documents are needed to return 13 percent from the purchase of an apartment?
The right of return strictly applies to real estate whose value does not exceed 2 million rubles. If the price is higher, then 13% will still be calculated only from the maximum prescribed by law. The total amount will not exceed 260 thousand rubles.
For everyone else, the amount will be divided into an equal number of monthly payments. In this case, the relevant documents are submitted to the enterprise where the buyer is employed. From this moment on, the state ceases to withhold personal income tax from him. This will continue until the property deduction amount is paid in full.
What documents are needed to return 13 percent from the purchase of an apartment?
Attention! Many applicants for a tax deduction do not receive it due to incorrect paperwork. Thus, very often the bank personal account number is indicated incorrectly, confusing it with the card number. The card number and account number are two different things!
For a more complete discussion of the topic, we give the following example. The apartment was bought by the couple for 4 million. According to the law, this amount was conditionally invested by each of the spouses. This means that each of them can return interest on their share. As a result, when paying personal income tax for this amount, each spouse will be able to return 260,000 Russian rubles.
What documents are needed to return 13 percent from the purchase of an apartment?
The procedure for obtaining a deduction through the tax office seems to us the most difficult, which is why we present you with step-by-step instructions for completing it, which will be useful in the future for those who have embarked on the path of receiving funds on their own, without having any information about the upcoming difficulties.
- if a citizen has a large salary, he will feel a significant increase in it, which means that for a certain time the well-being of his family will increase significantly;
- you don’t have to wait until the end of the tax period to contact the tax office with completed documents to receive a deduction, as in the first case.
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Documents for a 13 percent refund from the purchase of an apartment
- Certificate 2-NDFL from the place of work. It must be issued and certified by your employer’s accounting department. There must be a seal of the institution, as well as the signatures of the manager and chief accountant (if there is no chief accountant in the organization, the signature of the manager is sufficient). The certificate must indicate how much was withheld from the employee and paid to the state as taxes;
- Tax return format 3-NDFL. You must fill out the paper yourself. If there are doubts that you will be able to fill it out correctly without outside help, then you can do this in the personal presence of Federal Tax Service employees - their responsibilities include advising citizens on the issue of filling out declarations;
- Individual taxpayer number of the Russian Federation (TIN) or certificate of registration. With the help of this document you will be found in the taxpayer database;
- Internal passport of the Russian Federation;
- Petition (application) for an income tax refund. The contents of the document must indicate the number of the personal bank account to which the funds will be transferred. Indicate exactly the account number, and not the debit card number - citizens who are new to law and banking services often have problems with the Federal Tax Service on this basis.
Spouses have the right to receive tax deductions separately from each other. In this case, the total savings will be up to 260,000 rubles (everyone receives a 13% refund, taking into account the maximum possible amount of 1 million rubles). But according to the Family Code of the Russian Federation, important financial transactions must be carried out with the consent of the spouse. Therefore, the following are added to the general list of papers:
Tax refund when buying an apartment - necessary documents
- The applicant contacts the Federal Tax Service to clarify the necessary documents.
- Having received a specific list, the user collects documentation.
- Along with the application, the documents are handed over to Federal Tax Service employees. The application is reviewed within 30 days. If the answer is positive, the Federal Tax Service issues a notification to the employer, which is transmitted to the accounting department of the enterprise.
- From the moment the notification is sent to the employer, the user will receive salary without deductions.
Since 2020, some amendments have been made to the tax legislative framework, which established a time limit for receiving a deduction. If the purchase and sale transaction occurred before January 1, 2014, the right to deduction is established once, regardless of the value of the transaction (provided that the maximum purchase amount is 2 million rubles). This means that when purchasing an apartment for 1.5 million rubles, the user will receive a refund of 195 thousand rubles.
Documents for mortgage tax refund
When purchasing real estate with a mortgage, it is possible to receive compensation not only for interest, but also for other expenses: for the acquisition of property, finishing and building materials, payment for work and services. Therefore, it is important to save all receipts, receipts and other documents confirming payment!
- At the local Federal Tax Service, the money will go to your personal bank account. In addition to the 3-NDFL declaration, you will need: an application for a refund of part of the tax; a certificate of ownership (extract from the Unified State Register) or an act of acceptance and transfer of real estate, when purchased in a house under construction; property purchase and sale agreement; 2-NDFL for the reporting period; payment documents.
- At your place of work, personal income tax is not withheld from you; due to this, the deduction amount is added up. It is also necessary to pay a visit to the tax office, collecting the above package of documents, except for the declaration and certificate 2-NDFL. Next, an application is written requesting a property deduction and the employer’s details.
Refund of money for purchasing an apartment from the tax office
- writing an application to submit to the Federal Tax Service;
- tax return preparation;
- submitting the application together with the required documents to the tax service;
- verification by the tax service of the documents submitted for consideration and the information contained in them. As a rule, it lasts three months, after which a decision is made to grant a property deduction;
- sending the Federal Tax Service to the applicant a notification of the decision;
- making a payment for which one calendar month is allotted.
- letter from the Federal Tax Service of the Russian Federation, published on September 18, 2013 under the number BS-4-11/16779;
- letters from the Ministry of Finance published on March 13, 2020 under the number 03-04-05/13501, on February 10, 2020 under the number 03-04-05/5616 and on August 9, 2013 under the number 03-04-05/32324;
- Federal Law No. 212-FZ, Article 2.
List of documents for obtaining a tax deduction for an apartment
- Tax return 3-NDFL (submitted in original);
- Identification document (passport or certificates replacing it are used);
- Statement of salary 2-NDFL (if a person is employed in two or more jobs, an statement from each employer will be required);
- Application requesting a tax refund (in the application you must indicate the number of the card or bank account to which you want to transfer the money);
- Agreement on the purchase of residential real estate (submitted as a copy);
- Papers confirming expenses for the purchase of housing (receipts, receipts, checks);
- Apartment registration certificate (submitted as a copy);
- Act on acceptance and transfer of real estate (submitted as a copy, but is not a mandatory document).
- Certificates confirming that the purchase price is no more than RUB 2,000,000;
- Certificates indicating that the apartment is fully or partially registered in the name of the child;
- Documents confirming that the child is indeed a minor.
13% refund after construction of a residential private house
1. Declaration 3-NDFL. In one copy. The original declaration is submitted. 2. Passport or a document replacing it. Certified copies are submitted (basic information + registration pages). 3. TIN 4. Certificate of income 2-NDFL. You receive it at your place of work. The original certificate is submitted. Note: If you worked in several places during the year, you will need certificates from all employers. 5. Application for a tax refund (from 01/01/2014 there is no need to submit an application! Based on clause 1 of Article 80 of the Tax Code of the Russian Federation) 6. Agreement for the acquisition of a land plot with annexes and additional agreements to it (if concluded) (for example, an agreement purchase and sale). A certified copy is submitted 7. Payment orders, payment receipts or receipts received at the time of acquisition of the property. Certified copies must be submitted. 8. Certificate of state registration of ownership of a residential building. A certified copy is submitted. 9. Certificate of state registration of ownership of the land plot. A certified copy is submitted. 10. Receipts for receipt orders, bank statements about the transfer of funds from the buyer’s account to the seller’s account, sales and cash receipts indicating the name of the goods, acts on the purchase of materials from individuals indicating the address and passport details of the seller, receipts, etc. e Certified copies must be submitted. 11. Contract for repairs/finishing 12. Checks, receipts and receipts received at the time of payment for repair work. Certified copies must be submitted.
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Expenses for new construction or the acquisition of a residential building or share(s) in it may be included (Article 220, paragraph 3, paragraph 3 of the Tax Code of the Russian Federation): - costs for the development of design estimates; — expenses for the purchase of construction and finishing materials; — expenses for the purchase of a residential building, including unfinished construction; - expenses associated with construction work or services (completion of a house that has not been completed) and finishing; — costs of connecting to electricity, water, gas supply and sewerage networks or creating autonomous sources of electricity, water, gas supply and sewerage.