How to find out the amount of tax deduction received earlier

Types of tax deductions

Or new construction is provided in respect of expenses for the acquisition and construction of residential real estate. This benefit may also include costs for repairs and decoration of housing and payment of mortgage interest (if housing was purchased on credit). Since 2008, the maximum deduction amount is RUB 2,000,000.

It involves the return of funds spent on medical services and the purchase of medicines, as well as on voluntary life insurance. The amount of deduction for regular treatment should not exceed 120,000 rubles, and this amount includes a deduction for one’s own training. Expenses for expensive treatment are accepted in full. If in the certificate of provision the treatment was ordinary, if “2” - expensive.

Provides the opportunity to reimburse funds spent both on one’s own education and on the education of children, brothers and sisters. The amount of deduction for your own education, as well as the education of your brothers and sisters, is accepted in the amount of no more than 120,000 rubles. taking into account treatment expenses (if they were incurred in the year for which the deduction is claimed). The deduction for children's education is 50,000 rubles. for each child.

When purchasing an apartment, a taxpayer can return the income tax paid using a property tax deduction. We will look at how this tax deduction is calculated in this article.

Tax deduction amount

How much is the tax deduction and how is it calculated? When purchasing an apartment, the taxpayer can return the tax paid - in the amount of 13% of the purchase price, but not more than 260 thousand rubles.

Let's consider a specific example of how the tax deduction for an apartment is calculated: citizen A., received a salary of 40 thousand rubles in 2014. per month, on which I paid 13% tax. Thus, for the year he paid tax in the amount of 62,400 rubles. At the same time, citizen A. purchased an apartment in 2014 for 1.8 million rubles. This means that he can receive a property deduction in the amount of 234 thousand rubles. (RUB 1.8 million*13%). But for 2014 he can receive a deduction of only 62,400 rubles. because he paid this amount of tax for this year. The remaining amount of the deduction will be distributed in the following tax periods, up to the full use of the tax deduction.

Important!

If the tax paid was equal to or greater than the deduction, then the taxpayer would be able to receive the full amount of the tax deduction for one calendar year.

Tax refund when buying an apartment. Who is eligible for a tax deduction?

We answer: Every officially employed citizen of the Russian Federation has the legal right to receive a tax deduction for the purchase of an apartment, for whom the employer deducts monthly income tax from his work activity in the amount of 13%. In the same amount (13%), a citizen can return money from purchased real estate, or more precisely in the following cases:

Direct purchase of housing (apartment, house, room); Building your own home; Any expenses for repairs and finishing of newly built residential property (the main thing is to keep all receipts); You also have the right.

We recommend reading: If an employee is transferred to another position, then a contract or agreement

It will not be possible to return income tax for the purchase of an apartment if: You purchased the apartment before January 1, 2014 and have already exercised the right to deduction; If you purchased real estate after January 1, 2014, but have reached your limit (more on this below); If you purchased

Property deduction if an apartment is purchased as joint ownership

If the apartment was purchased as joint property of the spouses after 01/01/2014 (according to the new rules). The rule is that each spouse can take advantage of the deduction up to a maximum amount of 260 thousand rubles. for your share in a shared apartment.

For example, spouses D. and E. purchased an apartment for 4 million rubles in joint ownership in 2020. Let’s say that both spouses earned 2 million rubles in a year, from which they paid taxes.

If they determine that they have equal ownership of the common property (i.e., ½ each), then each spouse can take advantage of the maximum property deduction - 260 thousand rubles. and will receive it in one calendar year.

Important!

If the apartment was purchased before 01/01/2014, then different rules apply - the maximum tax deduction amount for both spouses will be 260 thousand rubles, i.e. 130 thousand rubles each. for each spouse.

Examples and features

The use of a tax deduction has many nuances, depending on who is the owner, sole proprietorship or shared ownership, whether the citizen who took out the mortgage continues to work or has retired. Let's look at all the nuances using examples.

Shared ownership

The basic rule for applying the deduction for shared ownership is as follows: when purchasing real estate before 01/01/2014, the deduction amount is 2 million rubles. distributed evenly, in accordance with the shares, and when purchasing after 01/01/2014, each of the owners has the right to a deduction of 2 million rubles.

Let’s say a man bought an apartment with a mortgage in 2011 and registered it 70% for himself and 30% for his wife. The cost of the apartment is 3 million rubles. Mortgage for a period of 20 years. To simplify the calculation, let’s assume that the husband annually pays 109,200 rubles to the budget, and the wife – 78,000 rubles.

Since the purchase was made before 2014, the deductible amount for it is 2 million rubles. distributed between two spouses. The husband is entitled to a deduction of 2,000,000 * 0.7 = 1,400,000 rubles, and the wife is entitled to the remaining 600,000 rubles. As a result, the husband can receive a refund in the amount of 182,000 rubles, and the wife - 78,000 rubles. The husband received his return in two parts - 109,200 rubles. in 2012 and 182,000 – 109,200 = 72,800 rubles. in 2013, the wife received the entire amount of 78,000 rubles. in 2012.

Rice. 4. Shared ownership

Now you need to deal with the tax refund on interest. The mortgage loan is issued only to the husband. Therefore, despite the fact that he owns only 70% of the apartment, he has the right to a return of 13% of the entire amount of interest actually paid to the bank. Since the amount is not limited to 3 million rubles, i.e. RUB 390,000 return (since the purchase was made before 2014), he will be able to receive a refund of the entire amount of interest paid over 20 years.

This is interesting! Registration of ownership of an apartment is also possible for a minor child.

Let's look at another example. Actually, the same husband and wife purchased an apartment with a mortgage under the same conditions, but in 2020. When purchasing after 2014, it is important what share in value terms belongs to each spouse. So, the husband’s property is valued at 3,000,000 * 0.7 = 2,100,000 rubles, the wife’s – at 900,000 rubles. Each of them is entitled by law to a deduction of 2 million rubles. The husband can receive a refund from 2 million rubles, and the wife - only from 900,000 rubles. However, since spouses can receive a deduction for each other, the wife can receive a refund with another 2,100,000 - 2,000,000 = 100,000 rubles.

Let's do the math. For the purchase of an apartment, the husband is entitled to 2,000,000 * 0.13 = 260,000 rubles. return, and the wife’s return consists of two amounts. She can receive the first amount for herself - 900,000 * 0.13 = 117,000 rubles, the second amount for her husband - 100,000 * 0.13 = 13,000 rubles. The total refund amount for the wife could be 117,000 + 13,000 = 130,000 rubles. The husband can receive these amounts in 3 years (the first and second years - 109,200 rubles each, the third year - the remaining 41,600 rubles), and the wife in 2 (in the first year - 78,000 rubles, in the second - 52,000 rubles .).

Let's move on to percentages. Starting from 2014, interest refunds are limited to 3,000,000 * 0.13 = 390,000 rubles. Since only the husband pays interest, he can annually submit a 3-NDFL declaration and an application for a refund of the interest actually paid until the payment amount reaches 390,000 rubles. He can start receiving this money already from the third year, since the return on interest begins to be paid only after the money for the purchase has been paid in full.

Refund for spouse

The law states that spouses can receive a tax deduction for each other, even if the one who receives it is not the owner of the purchased property. Let's look at it with an example.

Rice. 5. You can get a refund for your spouse

A man bought an apartment with a mortgage in 2008. I paid for it in full and decided to buy another one. The tax deduction was used. The new purchase was made in 2020 for 1.5 million rubles, when the man was married. Despite the fact that he has already used the tax deduction, his wife can receive it, because she is also entitled to a deduction.

Important information! According to the law, all acquisitions made by spouses during marriage are joint property. Therefore, to apply the deduction, it does not matter to whom the apartment is registered.

So, the husband has already used his right to deduction. Therefore, when purchasing a new apartment, the wife can submit a declaration and application if she has not exercised her right earlier. A woman can receive a deduction of 1.5 million rubles. and the mortgage interest deduction. Thus, she exercises her right to a deduction in the amount of RUB 1.5 million. out of a possible 2 million rubles. and in the future, if she or her husband decides to buy more property, she will be able to get a refund on the remaining RUB 500,000. However, she will no longer be able to use the right to deduct the mortgage, because it is provided for only one object, even if all 3 million rubles are not selected.

Refund details for children

Recently, parents are increasingly registering shares in purchased real estate for their children. You can do this with a mortgaged apartment, with the consent of the lending bank. According to the law, if a share in an apartment is registered in the name of a child, his parents can receive a tax deduction. The child himself retains his right to receive a deduction. This is a rather complex option, so let's look at a few examples.

Rice. 6. You can get a refund even if the owner is a child

Example 1. The cost of an apartment is 5 million rubles. Shared ownership: 50% belongs to the borrower - the father of the child, 50% - to the child. The borrower has not yet used his right to deduction, so he can submit a declaration and write an application for a refund of 2,000,000 * 0.13 = 260,000 rubles. In addition, he can also exercise the right to repayment of mortgage interest. For a child, his mother can receive a tax deduction, despite the fact that she is not the owner, but only if she has not yet used her right. Thus, the wife can also apply for a deduction in the amount of 2 million rubles.

Example 2. An apartment was purchased for 6 million rubles. in 2020. There are three owners: husband-borrower - 30%, wife - 30% and child - 40%. Each owner has the right to a deduction of 2 million rubles. Both parents will receive it in full. However, they will not be able to receive a deduction for the child, because your 2 million rubles. already used. Thus, the total amount of deduction will be 4 million rubles. Additionally, the father will receive a deduction for mortgage interest, regardless of ownership shares, i.e. within 3 million rubles.

Example 3. Let's complicate the situation. The owners are the same: husband-borrower - 30%, wife - 30% and child - 40%, but the apartment costs 4.5 million rubles. Since the cost of the apartment is less than the maximum possible deduction, we will divide it into shares. The husband has the right to a deduction in the amount of 4,500,000 * 0.3 = 1,350,000 rubles, the wife for the same amount, and the child – 1,800,000 rubles. In this case, each of the parents can receive 2 million rubles. deduction - 1,350,000 for yourself and 2,000,000 - 1,350,000 = 650,000 rubles. for the child. The tax deduction for mortgage interest is retained in full.

In any case, the child retains the right to receive a deduction of 2 million rubles. for purchasing your own apartment in the future.

Tax refund for pensioners

In recent years, some banks, for example, Sberbank, Gazprombank, VTB, have begun to issue mortgage loans even to non-working pensioners, especially if they have a co-borrower. Let's say a pensioner, while still working, bought an apartment with a mortgage loan. If he continues to work, then all laws apply to him as to an ordinary citizen. From the moment of completion of his labor activity, he can exercise the right to compensation of funds only within the limits of personal income tax paid by him for the last three years.

Rice. 7. Pensioners also have the right to a tax deduction

Let's look at an example. A working pensioner received a mortgage loan from Sberbank and bought an apartment for 1.5 million rubles. in 2020. He filed a 3-NDFL declaration and requested a refund. The amount paid to the personal income tax budget is: in 2020 - 54,600 rubles, in 2016 - 70,200 rubles, in 2020 - 78,000 rubles. Interest paid to the bank for 3 years amounted to 520,000 rubles. At the end of 2020, he quit his job and became a non-working pensioner.

First of all, a pensioner is entitled to a deduction of 1.5 million rubles. and return 1,500,000 * 0.13 = 195,000 rubles. He received it in 3 years: in 2016 - 54,600 rubles, in 2020 - 70,200 rubles. and in 2020 – 70,200 rubles. (195,000 – 54,600 – 70,200).

After receiving a refund for the purchase, he can begin to receive a refund for the interest on the loan, but since he has already quit, the refund can only be paid from the funds paid into the budget for the last three years of work, i.e. 2020, 2020 and 2020. In the first two years, he already received money as a refund for the purchase, and for 2017, the balance of unpaid funds was: 78,000 – 70,200 = 7,800 rubles. Despite the fact that he is entitled to a return for interest in the amount of 520,000 * 0.13 = 67,600 rubles, he will receive only 7,800 rubles.

Property deduction if the apartment was purchased as shared ownership

If the apartment was purchased in shares after 01/01/2014, then each of the co-owners of the apartment can take advantage of a property deduction of up to 260 thousand rubles for their share. For example, an apartment was purchased as shared ownership of citizens D. and K., ½ share each, for 4 million rubles. In this case, both owners can take advantage of a property deduction in the maximum amount of 260 thousand rubles, provided that they officially work and pay taxes.

If the apartment was purchased before 2014, then under the same conditions each co-owner can take advantage of a deduction of 130 thousand rubles (that is, the maximum deduction is divided in equal shares between the co-owners).

Tax deduction if the apartment was purchased with the participation of government subsidies

The calculation of the deduction has its own peculiarities if the apartment was purchased using government funds and programs to improve housing conditions. Such programs include:

• improvement of living conditions using maternity capital;
• program “Affordable housing for young families”;
• “Housing for the Russian family”;
• "Military mortgage";
• etc.

In this case, a tax deduction is not provided for the amount of maternity capital (other state subsidies).

What amount of tax deduction will be obtained when using subsidies and how to calculate it? For example, citizen N. purchased an apartment in 2020 for 1.8 million rubles, and used maternity capital in the amount of 453 thousand rubles. It turns out 1.8 million - 453 thousand rubles. =1,347,000 rub. (own funds from which you can return the property deduction), it turns out 1.347 million rubles. *13% = tax deduction amount 175,110 rubles.

Apartment sales tax calculator

Example . Let citizen Plyushkin receive a salary of 20,000 rubles. Over the course of a year, he will pay 20,000 * 13% * 12 months = 31,200 rubles to the budget. Now (for the past year), regardless of the cost of the apartment, he will return the deduction for only 31,200 rubles. The owner will file the remaining tax again in the next tax period and so on until he receives the full amount.

Also read: Is it possible to seize a vehicle and transfer it for safekeeping to a collector when the network owes money

The balance of the tax deduction if the taxpayer did not take advantage of the maximum deduction amount

If the taxpayer has not taken advantage of the maximum amount of the tax deduction, in the case where the cost of the purchased housing is up to 2 million rubles, then he can use the remainder of the property deduction when purchasing another apartment.

For example, in 2014, a citizen purchased an apartment for 1.5 million rubles, it turns out that he can take advantage of a deduction in the amount of 195 thousand rubles (1.5 million * 13% = 195 thousand rubles). In this case, this citizen retains an unused deduction amount of 65 thousand rubles. (260 thousand - 195 thousand = 65 thousand rubles), which he can use in the future when buying another home.

Examples of deduction calculations

Published 11.11.19 In this section we will provide examples of calculating property tax deductions in different situations.

NOTE:

1. Due to the fact that from January 1, 2014, a number of changes were made to the Tax Code, in some cases the features of obtaining a deduction differ depending on whether the housing was purchased before January 1, 2014 or after. For such cases, two separate examples are presented.
2. A tax deduction is the amount by which the tax base is reduced. At the same time, you can get back 13% of the tax deduction amount.

Conditions for purchasing property: In 2020, Ivanov A.A.

I bought an apartment for 2 million rubles.

Income and income tax paid: In 2020, Ivanov A.A. earned 50 thousand rubles a month and paid a total of 78 thousand rubles. income tax for the year.

Calculation of deduction: In this case, the amount of property deduction is 2 million.

rubles (i.e. you can return 2 million rubles.

x 13% = 260 thousand rubles). But for 2020 itself, Ivanov will be able to return only 78 thousand rubles of the income tax he paid (and he will be able to return 182 thousand in the following years).

Conditions for purchasing property: In 2020 Petrov P.P.

bought an apartment for 3 million rubles. Income and income tax paid: Petrov P.P. works as an individual entrepreneur under a simplified taxation system and, accordingly, does not pay personal income tax at a rate of 13% (income tax).

Calculation of deduction: The maximum deduction amount per apartment is 2 million.

rub. (i.e. you can return up to 2 million.

rub. x 13% = 260 thousand rubles).

But since Petrov P.P. did not pay income tax in 2020, he will not be able to receive a tax deduction for this year. If Petrov P.P. in the future, if he gets another job (where he will pay income tax), he will be able to apply for a tax deduction and get back up to 260 thousand rubles.

Conditions for purchasing property: In 2020, Ivanov I.I. purchased an apartment for 8 million rubles, while he took out a mortgage loan for 6 million rubles.

Calculation of tax deduction for a mortgage

How is the tax deduction for a mortgage calculated? If an apartment was purchased with a mortgage or another targeted loan for the purchase (construction) of housing, then in addition to the maximum deduction of 260 thousand rubles, a deduction is provided for interest on the mortgage loan. The maximum amount of this deduction is 390 thousand rubles (i.e. 13% of 3 million rubles).

For example, citizen K. purchased an apartment for 6 million rubles, 2 million of which were his own funds, and 4 million were a mortgage loan. At the same time, during the year he paid 150 thousand rubles in interest on the mortgage. This means that he can take advantage of the deduction of 2 million 150 thousand rubles. * 13% we get a deduction amount of 279,500 rubles. In subsequent years, he can return a tax deduction on the mortgage interest paid.

Important!

The maximum amount of property deduction for the payment of interest on a mortgage is 390 thousand rubles, in addition to the main deduction of 260 thousand rubles.

So, this article reveals various options for calculating property deductions when purchasing (constructing) housing.

ATTENTION!

Due to recent changes in legislation, the information in this article may be out of date!
Our lawyer will advise you free of charge - write in the form below.
Have you made an early loan repayment or partial early repayment? The loan agreement probably provided for an annuity form of calculating monthly payments. And now you’re wondering if you overpaid the bank for it. Is it possible to return part of the interest on the loan when it is repaid?

In this article you will find information about the grounds and an overview of the practice of returning interest paid on a loan in case of early repayment.

Annuity payment is the most popular type of loan calculation both when lending to legal entities and individuals. An annuity is an equal monthly contribution to repay the loan debt, which includes both the amount of the principal debt and the amount of accrued interest on the loan.

The peculiarity of annuity payments is that at the beginning of the term the interest part of the payments is very large, and the repayment of the principal debt (loan body) is small. When lending for a long term, it turns out that if you look at payments for the first few months or even years, they almost do not reduce the amount of the principal debt. Almost all the borrower pays at this time is interest. That is why, if he wants to know how much of the loan he repaid, he will be unpleasantly surprised that he repaid mainly interest, but the debt did not decrease.

Annuity formula and its features that affect the amount of payment

Amount of Annuity payment =

SK*(PS*(1+PS)^PP) ——————————————— ((1+PS)^PP - 1), where: SK — loan amount (loan body) , PS - monthly interest rate, PP - the number of interest periods remaining until the final repayment of the loan.

One caveat should be noted when calculating the monthly interest rate applicable to an annuity. Our banks use a simplified approach prescribed by the Central Bank, obtaining the monthly rate from the annual rate by simply dividing by 12. As a result, for example, all mortgage holders in Russia pay in aggregate 4-5% larger payments for the entire contract period than they should have do.

There is a very popular opinion that, as a result of calculating annuity payments, the borrower pays interest in advance for the entire term of the contract.

Thus, in case of early repayment, he has an obvious right to demand the return of unreasonably paid interest.

This approach is broadcast on many Internet sites and is even supported by judicial practice.

In reality, this is not the case at all. Namely, if you look at the calculation of monthly annuity payments, and even more precisely, at the allocation of the interest part from the annuity payment, you can see that the interest each month is calculated exactly for the previous monthly period (28-31 days) and based on the current amount of debt on the date of payment. That is, there is simply no payment of future interest in the annuity. It's all a fairy tale.

The reality is that: the borrower himself agrees to increased interest payments due to an increase in the contract term, usually due to the fact that he is unable to pay0

a larger amount of annuity payment per month (that is, to intensively repay the principal debt) due to the banal lack of such income.

An example of calculating overpayment of interest on an annuity:

Mikhail takes out a consumer loan in the amount of 1 million rubles. Since his income does not allow him to pay a large amount on the loan, the loan is provided for 5 years with a comfortable payment for Mikhail of 24.9 thousand rubles per month.

It so happens that Mikhail repays the loan ahead of schedule after 3 years, paying about 500 thousand rubles - the amount of the remaining outstanding principal debt at that time.

Mikhail actually overpaid interest for these three years - instead of 397 thousand rubles, he could have paid only 283 thousand rubles in interest if he had initially taken out a loan for exactly 3 years. But was Mikhail ready to pay 35.7 thousand rubles a month all this time, instead of 24.9 thousand rubles? Hardly. But all this time the bank did not receive this difference from Mikhail, which was used specifically to repay the principal debt, and therefore paid, in turn, funds for funding the funds to individuals like Mikhail who brought money to the bank on deposit (although obviously at a lower rate ).

The example in Excel form just demonstrates two examples of calculating an annuity: 1. initially calculated for a long period with early repayment; 2. designed immediately for a short period. From the sounded example, as well as placing in the yellow fields of the model

own figures, you can clearly see that overpayment does occur.

You can download the calculation model in MS Excel format by clicking on.

Despite the fact that the borrower’s motivation when trying to repay interest is very questionable from the point of view of financial mathematics, why not use it. After all, banks are already deceiving debtors, counting on them, despite the fact that the erroneous provision of the Central Bank of the Russian Federation is no longer in effect. Then it is not a sin for the borrower to take advantage of the opportunity to reimburse overpaid interest after early repayment of the loan. The borrower has this right upon early repayment, including refinancing loans (on-lending).

How can you get back overpaid interest on a loan or mortgage?

You can also turn to the more recent practice of the Supreme Court of Russia. In accordance with the position from Definition No. 83-KG14-9 dated December 23, 2014, in case of early repayment of a loan, under the terms of which the borrower-consumer pays interest using the added interest method, that is, calculated based on the entire term of the loan agreement, excess interest paid must be returned to the borrower.

The court proceeds from the fact that, within the meaning of paragraph 1 of Art. 809 of the Civil Code of the Russian Federation, interest is a fee for using the loan amount. Consequently, interest is payable only for the period from the date the loan was issued until the date of its full repayment, including early repayment. Collecting interest for a period in which the loan amount was not used is illegal.

Among the most recent examples of positive practice, one can name an example from the Ruling of the Supreme Court of Russia No. 51-KG15-14 dated March 1, 2020, which reached the judicial panel for civil cases of the Armed Forces of Russia through cassation. Currently, it has been returned to the lower court due to a violation of the plaintiff’s rights and demands for a review of the decision in her favor.

Various information letters from higher courts are guidelines for the entire judicial system of Russia, and therefore, when putting your demands into a statement of claim against the bank, you can directly appeal to these documents. It will be very difficult for the bank to prove to the court on the spot that financial mathematics works differently.

Important:

The practice of disputes with banks shows that lower courts much more often side with the bank than the consumer. Complex disputes can be resolved in favor of the client only in higher authorities. The bank always files for appeal and cassation.

Any appeals from banks to the texts of agreements, namely, their indication of a direct ban on the return of interest, also do not work. Any agreement on the impossibility of recalculating payments already made in the event of early repayment of loans as a basis for refusing to satisfy a claim violates the rights of the plaintiff as a consumer. Therefore, the provisions of the loan agreement with the bank in this part will not be taken into account by the court as contrary to the law.

Thus, if there is positive judicial practice of the higher courts of the Russian Federation, you can consider the possibility of filing a lawsuit in court - it’s worth it. For motivation, you can also read the interview with Roman Bevzenko, head of the legislative department of the Supreme Arbitration Court of the Russian Federation.

Debates on the described problem are still ongoing. There is also quite positive practice, for example, in the recent case in the Altai Territory. At the same time, the Supreme Court in February 2020 directly avoided answering the question about the presence of “overpaid interest” in a recent decision in Tyumen and returned the case for review to the appellate court.

Procedure for reimbursement of excess interest paid

1. Consult a lawyer or look at the case law yourself.
2. Prepare a statement of claim using sample statements that are widely circulated on the Internet. It should be remembered that now magistrates' courts consider claims for amounts up to 100 thousand rubles, everything else will go to the district court at your place of residence (if you do not go to court as an individual entrepreneur).
3. Before sending a statement of claim to the court, you should (especially if such a requirement is in your agreement with the bank) contact the bank with a claim, where you offer to voluntarily return the overpaid interest as unjust enrichment. The application must specify a response time for the bank (7-10 days). Also be sure to ask for a certified copy of your application.
4. Go to court at your place of residence.

Important:

In response to your claim or complaint to the bank, its administration will refuse with absolute predictability. The procedure for recalculating interest is not provided for by the internal regulations of banks; this is 100% a judicial matter.

How to calculate the amount of interest to be returned

Here you can approach the calculation in two ways.

You need to take the amount of all accrued interest as part of the annuity payments (in the payment schedule they are usually highlighted in a separate column) for the entire period of interest repayment and calculate the part that proportionally falls on the months before the actual repayment. To avoid doing the calculation manually, you can use ,

located on the website, simply fill in your data so that it matches the schedule in your contract.

Banks indicate the total amount of interest in the payment schedule attached to the loan agreement. If the loan is long enough, the repayment amount may be significant.

In relation to the example already described above about Mikhail’s loan, this calculation will look like this. For a loan in the amount of 1 million rubles for a period of 5 years at a rate of 17% per annum, the borrower must pay interest to the bank for a total amount of 491 thousand rubles. With early repayment, for example, after three years, the borrower actually paid 397 thousand rubles in interest. With equal repayment of interest, the borrower had to pay only 491 thousand rubles. / 60 * 36 = 295 thousand rubles.

Thus, the overpayment amounted to almost 102 thousand rubles.

Often, obtaining a loan is accompanied by one-time payments of various commissions, which in practice have different names: “financial coverage”, “set your own rate” program and others. You can read about their return

A more complex method for calculating overpayment of interest

, presented in the model posted on this page - through the difference between two annuity flows.

Using this method, the borrower calculates his payments based on the original terms of the annuity with early repayment, and compares them with situations as if he had initially taken out a loan for a shorter period, which means the amount of the annuity and the amount of interest paid would have been different.

Let me remind you that in the calculations above, it turned out that by taking out a loan initially for 3 years, Mikhail could have paid not 397 thousand rubles in interest, but only 283 thousand rubles. Thus, the overpayment amounted to 114 thousand rubles.

Which method of calculating overpayment of interest to choose?

to file a claim?

Since judicial practice, including comments from lawyers of higher courts, is more inclined towards the first method, it is proposed to use it. The only difference can be if judicial practice in your region has developed in favor of the second method with the calculation of the annuity for a new period.

Important:

Before running to prepare a statement of claim in court, it is recommended to consult with a lawyer to study the judicial practice that has developed in your region.

A tax deduction when purchasing an apartment consists of returning to the buyer from the state budget part of the income tax he paid.

This deduction is called a property deduction.

.

If you are officially employed and receive a salary, then from this salary your employer withholds income tax (personal income tax) in the amount of 13% in favor of the state.

If you buy an apartment, the state allows you to reduce your taxable income. As a result, the tax base is reduced and you have the right not to pay income taxes for some time or to return previously paid ones.

When it comes to deductions, there are two concepts: the amount of deduction and the amount of tax due. Tax deduction amount

- this is the amount by which you can reduce your income when buying an apartment.
The amount of tax refundable
is how much money can actually be returned from the budget. In other words, the refund amount is 13% of the deduction amount.

How to find out the remaining tax deduction: instructions

There are several ways to find out the balance of the tax deduction based on the results of the last transaction: personally contacting the tax office, obtaining information from the declaration form for the previous year, and also by using the Internet resource of the Federal Tax Service. Let's take a closer look at each of the options.

If you have independently calculated the balance of the deduction, but want to check it, then the easiest way is to personally appear at the tax office at your place of residence. (click to expand)

The provisions of the legislative act do not contain a clear algorithm for submitting a request to obtain information about the balance of the deduction, therefore the procedure is carried out in a general manner, in accordance with the requirements of a specific Federal Tax Service body. In all cases, the required document is a passport. Your personal presence is also required. Additionally, Federal Tax Service employees may request that you fill out an application to receive deduction data. The response period is set individually in each fiscal service authority and, as a rule, is 14 calendar days (2 weeks), but should not exceed 30 days.

Method No. 2. Obtaining information from the declaration.

Method number 3. Using the electronic resource of the Federal Tax Service.

Recently, the electronic method of submitting documents for deductions has become increasingly popular. This is not surprising, because this method has obvious advantages:

• in order to send documents, you will only need a few minutes;
• You don’t need to visit the tax office to apply for a deduction;
• immediately when filling out the forms, the system will indicate errors that you can immediately correct;
• You can apply for a deduction at any time convenient for you.

In order to obtain information about the deduction balance via the Internet, follow the following algorithm:

Step 3. Obtain information about the deduction balance.

The Tax Code provides for the right of citizens to receive a deduction when applying for a mortgage loan. In addition to the main amount of compensation (in general, up to 260 thousand rubles), you can return personal income tax calculated from the amount of accrued interest. However, as in the situation with deductions for housing purchased with one’s own savings, processing a mortgage return has its own nuances.

• if you took out a mortgage before 01/01/14, then you can return the tax on the entire amount of accrued interest (the tax deduction is equal to 100% of the interest amount);
• if the loan was received after 01/01/14, then the amount of interest deduction for you is limited to 3 million rubles, that is, you can compensate a maximum of 390 thousand rubles.

Please note that when determining the amount of the deduction, the decisive factor is the date of registration of ownership and the fact of receipt of the apartment according to the transfer and acceptance certificate. If, according to an extract from Rosreestr, you received ownership of the apartment before 01/01/14, then the amount of deduction for you is unlimited.

Deduction amount

The deduction amount is the amount of your expenses associated with the purchase of an apartment. However, it cannot be more than the established maximum threshold of 2,000,000 rubles. In other words, the maximum deduction when purchasing an apartment is 2,000,000 rubles

, which means the maximum amount of taxes that can be refunded:

Max. Personal income tax to be refunded = (RUB 2,000,000 × 13%) = RUB 260,000.

A few examples:

Refund of 13 percent from the purchase of an apartment in a mortgage calculator

Please enter below the data (rounded to the nearest ruble) about your loan, salary and housing that you are going to buy or have already bought. The mortgage calculator will calculate your monthly mortgage payment. Our calculator will also calculate the amount of tax refundable on the cost of the apartment and on interest on the loan. The first part of the answers contains the total amounts of tax to be refunded, and the second part contains the tax to be refunded, detailed by year. For now, the calculator is only for mortgages in rubles.

For what period can personal income tax be returned?

The right to receive a tax deduction when purchasing an apartment occurs:

• From the moment of signing the acceptance certificate of the apartment from the builder when purchasing an apartment in a new building
  .
• From the moment of state registration of property when purchasing an apartment on a secondary market
  .

You can return personal income tax from this moment and for all subsequent years. That is, you can use the deduction for as long as you like until the state returns the entire due amount.

However, you can only apply for a personal income tax refund for the previous 3 years.

. When purchasing an apartment in 2020, you can return personal income tax only for 2020, 2020 and 2020. And for all the subsequent ones. An application for deduction for the year is submitted next year. For example, to receive a deduction for 2020, the application must be submitted in 2019.

For pensioners

There is an exception: they can receive a deduction for the previous three years, even if the apartment was purchased later.

The statute of limitations for receiving a tax deduction under the Tax Code of the Russian Federation has not been established.

When can you get a deduction?

When purchasing an apartment with a mortgage in 2020, the rules established as of 01/01/2014 apply. 2020 did not bring any changes. The deduction can only be received within three years after purchasing the apartment. For example, if real estate was purchased with a mortgage loan in 2020, then in 2020 there is a deduction of 2 million rubles. is no longer possible. Interest on the mortgage can be returned for 2020, 2020, 2018 and subsequent years, until their amount reaches 3 million rubles.

Tax refunds for mortgage interest can only be received after the purchase refund has been paid.

Currently, deductions can be received for any amount of purchased real estate. Limit – 2 million rubles. throughout life. If a person purchased an apartment or house before 01/01/2014 and used a deduction in the amount of 1.5 million rubles, then he will no longer be able to get a refund on the remaining 500,000 rubles. Repayment of mortgage interest is carried out only on one property.

This is interesting! Will a law be adopted to provide a tax deduction for renting an apartment?

Let's give an example.

A citizen bought a room with a mortgage loan in January 2012 for 1.5 million rubles. The loan term is 10 years. In fact, the personal income tax transferred to the budget is equal to: for 2012 - 78,000 rubles, for 2013 and 2014. – 109,200 rubles each, in 2020 – 132,600 rubles. Interest actually paid to the bank for 2012 amounted to 174,909 rubles, for 2013 – 180,371 rubles, for 2014 – 168,018 rubles, for 2020 – 153,960 rubles. Let's start the calculation:

• in 2013, a citizen submitted a 3-NDFL declaration and an application for a tax deduction in the amount of 1.5 million rubles, as well as an application for a deduction in the amount of interest actually paid to the bank in 2012. The amount accrued for refund was: 1,500,000 * 0.13 = 195,000 rubles. for the purchase and 174,909 * 0.13 = 22,738 rubles;
• in 2013 he was paid 78,000 rubles. return for the purchase of real estate (since this is the amount that was paid to the budget), the remaining amount is transferred to subsequent years. Payment of refunds for interest has not yet begun;
• in 2014, he received a refund for 2013 in the amount of 109,200 rubles. by purchase. Interest payments were again not made, but the citizen submitted a declaration and application for payment of a refund of the interest paid to the bank in 2013. He was credited with a refundable amount of 180,371 * 0.13 = 23,448 rubles;
• in 2020, 3-NDFL was filed for interest paid in 2014. Accrued amount: 168,018 * 0.13 = 21,842 rubles. This year the payment of money for the purchase ends. The citizen received 195,000 – 78,000 – 109,200 = 7,800 rubles. However, the amount of 109,200 rubles was paid to the budget for 2014, therefore, the payment of money for interest begins. This is 22,738 rubles. for 2012 + 23,448 rub. for 2013 + 21,842 rub. for 2014 = 68,028 rubles. Thus, in 2020, 7,800 + 68,028 = 75,828 rubles were received.

For clarity, let's make a table.

Table 1. Conditions for example

In the future, for another 7 years, a citizen can submit a declaration and application for the application of a property tax deduction for interest. The amount is not limited, because the purchase was made before 01/01/2014. If a citizen, having paid off the loan, decides to buy another apartment with a mortgage, he is no longer entitled to any tax deductions.

Let's look at another example. In January 2020, a small house in the village was purchased with a mortgage loan for 1.5 million rubles. The loan was repaid ahead of schedule after 2.5 years. The remaining conditions are presented in the table.

Table 2. Conditions for example

In 2020, a citizen bought an apartment for 3.5 million rubles with a mortgage. Let's do the calculation:

• For 2020, a declaration was filed, a tax deduction in the amount of 1.5 million rubles was applied. for the purchase and in the amount of 174,909 rubles. for interest and a refundable amount of 1,500,000 * 0.13 = 195,000 rubles was accrued. directly for the purchase and 174,909 * 0.13 = 22,738 rubles. for interest;
• in fact, 195,000 rubles were paid in 2020. and 202,800 – 195,000 = 7,800 rubles. Thus, the underpaid amount of the 2020 interest refund was transferred to the next tax period: 22,738 – 7,800 = 14,938 rubles;
• in 2020, 3-personal income tax for 2020 and an application for a refund of interest on the loan for 2020 were submitted. As a result, the amount returned was 180,371 * 0.13 = 23,448 rubles. for 2020 and the balance is 14,938 rubles. for 2015;
• in 2020, a citizen received a refund in the amount of 99,616 * 0.13 = 12,950 rubles. In the same year, an apartment was purchased;
• in 2020, a citizen can submit a 3-NDFL declaration and receive a tax deduction of 500,000 rubles. and the amount to be refunded is 500,000 * 0.13 = 65,000 rubles. However, he is not entitled to a deduction for interest on the loan, because it is provided only for one property.

Can a deduction be used multiple times?

Until 2014, the deduction could only be received once, that is, for one apartment.

Starting from 2014, one person can use the deduction several times, but the general limit is RUB 2,000,000. per person is still preserved. If you bought one apartment for less than 2 million rubles, then you can use the rest of the deduction when buying another apartment.

You can return a maximum of 260,000 rubles over your entire life. regardless of the number of apartments purchased.

If you used your deduction before 2014, the new balance carryover rules do not apply to you.

Tax Refund Mortgage Calculator

In the second case, it is more profitable to use the option of calculating tax after deducting expenses. But it is advisable to do this only if the price of the apartment (purchase costs) in the past exceeded one million rubles, and this amount can be documented. Otherwise, the second calculation option will not be possible. Let's assume that the owner who sold the apartment (in the first example) bought it 2 years ago for 2,700,000 rubles. The tax will be calculated on the income that remains after deducting expenses for purchasing an apartment in the past.

Also read: Get your car's VIN code checked for free at the traffic police

When does the right to deduction arise?

The right to a deduction when purchasing an apartment arises if the following conditions are simultaneously met:

1. You must be a tax resident of the Russian Federation (live in Russia for at least 183 days during the year)
2. It is necessary to confirm with documents the expenses for purchasing an apartment.
3. It is necessary to have title documents. For a new building this is an apartment acceptance certificate, for secondary housing - a certificate of ownership or an extract from the Unified State Register of Real Estate
4. The seller is not your close relative.
5. The apartment is located in Russia.
6. The apartment was purchased without using maternal capital.

Who is eligible and can receive a tax deduction?

Basic conditions for approval of a tax deduction:

• presence of Russian citizenship;
• availability of income that is subject to 13% personal income tax (for individual entrepreneurs who pay at a different rate, no deduction is provided);
• residential real estate purchased with your own funds or with a loan;

Important ! The transaction should not include budgetary funds from the state, as well as maternity capital.

• a pensioner who, in addition to a pension, receives income (from renting out an apartment) and pays 13% tax;
• a citizen who bought housing for a minor child, but receives income from which he pays 13% personal income tax;
• a close relative should not participate on the part of the seller; the entire list is specified in Art. 105.1 Tax Code of the Russian Federation. The exception is when the seller is one of the spouse’s parents (for example, on the husband’s side), the other spouse (wife) can receive a property deduction.

Tax deductions for the purchase of property can be used by:

1. Who pays interest on a loan or targeted loans taken and spent on the purchase or construction of residential property, as well as for on-lending. Here you need to stock up on documents proving the transaction and expenses. The package of documents must include bank statements proving payment of interest.
2. When buying a plot to build a house, remember that you will rightfully receive a property deduction only after it is built. But this is not enough; registration with Rosreestr must be completed. After this, you need to contact the Federal Tax Service with a package of documents.
3. The purchased living space (share) in an apartment building during the construction period confirms the right to apply the deduction with documents: a transfer deed and proof of what and to what extent funds are involved.

Documents for registration of deduction for an apartment

• Declaration in form 3-NDFL (application for deduction).
• Certificate 2-NDFL from the accounting department at the place of work for each year (if you receive a deduction for several past years at once).
• Certificate of ownership (not issued since 2020) or extract from the Unified State Register of Real Estate.
• Apartment purchase and sale agreement (only if the apartment was purchased on the secondary market)
• An agreement on shared participation in construction or an agreement on the assignment of rights of claim (only if the apartment was purchased on the primary market).
• Certificate of acceptance and transfer of the apartment from the developer (only if the apartment was purchased on the primary market).
• Payment documents confirming the transfer of money to the seller (bank statements, receipts, etc.).

It is enough to provide copies of all the above documents, except for the 3-NDFL application.

Instructions for filing a tax deduction

There are two ways to return the money required by law for the purchase of real estate:

• through the Federal Tax Service;
• through the employer.

Receiving a refund through the Federal Tax Service

To get money as quickly and easily as possible, you need to take a number of steps:

1. Order and receive at work, in the accounting department, a 2-NDFL certificate for the reporting year. It must indicate the amounts of personal income tax accrued and paid to the budget
2. Fill out the 3-NDFL tax return.

1. Prepare copies of documents certifying the purchase and ownership of real estate, as well as making loan payments.
2. Write an application for a personal income tax refund if its amount has already been calculated.

1. Submit the declaration, documents for receiving the deduction and the application to the tax authorities at the place of registration or online, through your personal account on the websites of the Federal Tax Service or State Services. If you do not have a taxpayer’s personal account, please register first.

Important information! Read the detailed step-by-step instructions for submitting a 3-NDFL declaration and an application for a tax deduction through the websites of the Federal Tax Service and State Services.

Required documents

When submitting the declaration, you must attach copies of:

• extracts from the Unified State Register or certificate of ownership of an apartment, house or plot of land;
• mortgage agreement;
• loan repayment schedule indicating interest amounts;
• receipts for real estate payments and mortgage payments;
• act of acceptance and transfer of real estate;
• marriage certificate, birth certificate of a child, in case of registration of shared ownership or request of return for a spouse or child.

Important information! Since 2020, the issuance of certificates of ownership of real estate has been cancelled. This document has been replaced by an extract from the Unified State Register.

Refund of mortgage interest

In addition to part of the money spent on housing, you can also return part of the money spent on paying interest on the mortgage with which this property was purchased. Return of interest also applies to property deduction.

In order to return 13% of the paid loan interest, you must fill out the relevant data in the same application (3-NDFL declaration). Namely, you need to indicate the amount of interest on the mortgage for the entire term.

Additional documents required include a loan agreement.

and
a certificate from the bank about interest paid
.

There are also limits here. The maximum amount of deduction when paying off interest is 3,000,000 rubles

, which means you can return
390,000 rubles
. But this restriction appeared only in 2014. Before this, there were no restrictions on the amount of refund.

The price of a car license is set for the year and is paid immediately. But this does not mean that it is impossible to terminate the MTPL agreement before the deadline and return part of the invested funds. Legislatively, this opportunity for the driver is provided for by a number of documents:

• Civil Code of the Russian Federation in Art. 451;
• 40-FZ and the Auto Insurance Rules approved by the government.

All that remains is to figure out under what circumstances the law requires the insurer to return at the client’s request, how much will be returned, and within what period.

Tax deduction for mortgage interest

No matter how much the apartment costs, you will only get your money back with 2 million rubles. Until 2008, the threshold was set at 1 million rubles.

It turns out that they can pay less, but they cannot pay more than the threshold.

The tax refund on mortgage interest cannot exceed 390 thousand rubles.

That is, you can count on a tax refund on only 3 million rubles. Before amendments to the law in 2014, there was no limit.

Another important rule states that the amount of payments cannot be more than the amount of income tax for the reporting year. Accordingly, with a large salary, what is due will be returned much faster. When buying a home with rough finishing (or without it) or when building your own home, it is possible to include in the tax deduction the costs spent on building materials, drawing up design documentation, and paying craftsmen.

But you can count on a refund only after the house is completely built. There are no restrictions on the return of mortgage interest from previous years.

Conditions for returning the MTPL contribution

The buyer may have different reasons for early termination of OSAGO. But the insurance company's obligations to return the contribution involve only those reasons specified in the Rules. These include:

• death of the policyholder (in this case the recipient will be his heir);
• liquidation of the insurance company (revocation of license);
• total destruction of the vehicle;
• change of owner of the car (sale under a purchase agreement, when drawing up a power of attorney before terminating the compulsory motor liability insurance, you should think about whether there may be a reason to add the new owner to the current policy).

In all of the above cases, the counting date for underused days begins from the moment of the occurrence of the event that resulted in the impossibility of realizing the insured risks. An example is the date of the accident in which the vehicle was destroyed, according to the traffic police protocol.

An exception is early termination of the MTPL agreement due to the sale of a car. The insurance company will count the number of days for which it will retain part of the premium for itself from the date of the policyholder's application for return and termination of the policy.

The rules approved by PP No. 263 provide for the obligation of the insurance company to return part of the premium to the buyer even in the event of termination for other reasons that resulted in the impossibility of realizing insurance risks. But in reality, insurance companies agree to return the money without litigation only in four of the above cases.

The return itself upon application for termination of the MTPL policy can be carried out by agreement in a mode convenient for both parties:

• cash;
• to the account of an individual;
• to the company's bank account.

How much will they return?

Typically, the formula for calculating the refundable part of the premium upon termination of a compulsory motor liability insurance contract looks like this:

• 23% for conducting the case (RVD) is deducted from the amount of the contribution in accordance with Letter of the FSSN No. 56-IL;
• the coefficient of reduction of the amount is determined (for the number of days of using the insurance), it is calculated as the ratio of the months (days) during which the motorist worked, and the total number of months (days) in the year;
• the total amount to be returned is calculated as the product of 77% of the contribution and the coefficient.

There are companies that do not deduct RVD if the policy period until the termination of the compulsory motor liability insurance exceeds a certain period (3-6 months), although this is rare.

Terms and conditions for a successful return

The insurer has 14 days to complete calculations, reports and return requests. If during this period the money is not transferred to the client, the policyholder has the right to claim a penalty in the amount of 1% of the due amount for the day of deferment.

The insurance company has no right to refuse to return part of the premium, citing payments made under compulsory motor liability insurance. The regulations do not say that the occurrence of an insured event under a motor vehicle policy cancels the right to return part of the premium in the event of early termination of the MTPL contract initiated by the policyholder.

Insurers are always reluctant to return premiums received. And, alas, among not the most reliable companies there is a practice of artificially lowering the size of these amounts.

To prevent you from becoming a victim of such manipulations, we suggest using a convenient form for calculating the amount due for refund upon termination of compulsory motor liability insurance. The check will take you no more than 10 seconds. At the same time, you can find out whether it is worth spending money on gasoline in order to take the application to the nearest branch of your insurance partner for the money that will eventually be returned.