What are the benefits for pensioners for purchasing a plot of land?

Many of those who have free living space try to make money on it by renting it out. There is nothing forbidden about this. But can a pensioner receive rental income without fear of losing his legal social payments and benefits?

This question cannot now be answered with a clear “yes” or “no.” After all, as you know, the level of social security has recently become very dependent on the income of its recipient.

Let’s look one by one at what a pensioner-employer should really be wary of and what he shouldn’t.

Where can you find out how to get free land for a pensioner?

When a pensioner falls into one of the above groups and has all the legal grounds to apply for a free plot of land from the state, he needs to submit a corresponding application to the local or regional competent authority. As a rule, such a body is the department for property issues and land relations or the municipality at the location of the land plot.

In this application, the pensioner must indicate the expected and desired size of the land plot, its location, as well as the purpose for which he wants to receive it from the state. You can submit an application either in person or using a principal, but he must have an appropriate notarized power of attorney. Also, in some regions, when using the services of a principal, notarization of this application is required. If the body within whose competence is the solution to this issue is located at a sufficiently far distance, which for certain reasons is not possible for the pensioner to overcome, then he can send his application using Russian postal services.

Required documents

When submitting this kind of application, any person, including a pensioner, must remember and know about the mandatory package of documents necessary to make a decision on this application.

Firstly, this package must contain a passport and a copy of it, as well as other documents that confirm the pensioner’s right to free land. For example, a document damaging the presence of the sign “Resident of Siege Leningrad”. Secondly, documents confirming the right to priority or extraordinary receipt of a land plot, if any.

If, after submitting the application and if all the documents comply, the pensioner receives a refusal for no good reason, then he can appeal to a higher authority to appeal this decision. In any case, every person of retirement age who wants to receive a free plot of land from the state must understand that even if a positive decision is made on his application, it may take quite a long time before he actually receives the land. Since the list of persons who are entitled to this kind of subsidy from the Russian Federation is quite extensive, it differs in each region up or down, and accordingly, against this background, there is a fairly large queue to receive free land in each individual specific region .

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Also speaking about a pensioner receiving a free plot of land, it should be noted that before submitting an application, it is necessary to clarify with the local executive authority whether this person is included in the list of this land program adopted for the region, region or smaller territorial entity.

Procedure for receiving benefits

The procedure for obtaining benefits itself consists of several successive steps that must be completed. This responsibility is assigned to the person concerned, in this case the pensioner. He is obliged to perform all necessary actions. First of all, you need to collect documents that will confirm the validity of the initiator’s appeal. Then you will need to fill out an application with the appropriate content.

The collected data must be sent to the tax office at the payer’s place of residence. At the end, the specified authority will make a decision. The person will be informed about the results of consideration of the appeal.

Drawing up an application

An application for tax benefits must be made in writing. For this, most often, a ready-made form is used. Although you can write a statement on a regular piece of office paper.

The text should indicate the following:

1. The name of the tax authority and its code.
2. Information about the type of benefit.
3. Type of property.
4. Information about the payer - last name, first name, patronymic, place of residence, contact phone number, TIN of the interested person.
5. Cadastral number of the land plot.
6. Reasons for its use. In this case, the agreement or decision of the local government on the allocation of the site is indicated.
7. The name of the document giving the right to the benefit, namely the pensioner’s certificate, the name of the body that issued the certificate, validity date, series, number.
8. Temporary period for providing benefits.
9. List of attached documents.
10. Date of application and signature of the initiator.
11. Application registration number.
12. Information about the person who accepted the application.

If his legal representative acts on behalf of the interested person, then the number and date of the power of attorney must be indicated.

When submitting an application, it is mandatory to indicate the type of object and its intended purpose. In this case it will be a plot of land. The application must be submitted before November 1 of the current year. Since the benefit is provided to a person for a certain period of time, after the expiration of the specified period it is necessary to confirm your right. Otherwise, the interested party may lose his benefit.

Filing with the tax office

The collected material must be sent to the Federal Tax Service. This is the absolute responsibility of the initiator. The latter can use several common methods.

These include:

1. Personal delivery. This option provides for independent transmission of information. In this case, a person does not need to draw up an appeal on his own. He can do this directly at the tax office by seeking the help of a service specialist. The convenience of this method lies in the fact that the initiator has the opportunity to eliminate the mistakes made immediately, as well as receive clarification on all issues of interest. Another advantage of this method is the fact that a person can personally verify that his appeal has been registered and accepted for circulation.
2. Transfer through a legal representative. This method is similar to personal delivery. The legal representative will have to have a passport and a power of attorney, indicating the scope of his powers.
3. Postal forwarding. This option is convenient because a person does not need to come to the tax office on their own. In this case, it is more correct to use registered mail. The initiator will be notified that the request has been delivered to the initiator. However, this option has its drawbacks. Firstly, a person must complete the application himself. He will not be able to resort to the services of a tax specialist. Secondly, the initiator will not have the opportunity to eliminate the mistakes made immediately. Thirdly, it is impossible to get advice during the process of transferring documents.
4. Internet forwarding. In this case, you need to register on a special website of the tax office as a payer, create a personal account and confirm your entry. After this, the initiator will have access to all the capabilities of the resource. To send an appeal, it is necessary to convert all documents and the application into digital format. The person will receive a notification about the results of the operation in his account.
5. Submitting an application through the MFC. This option allows you to contact government authorities for any reason, including issues related to taxation. A person will only need to contact the multifunctional center. The specialists will do the rest themselves. During the application process, the person will be provided with an application form and assistance in filling it out. Also, a person will be able to eliminate any inaccuracies and obtain information on issues of interest to him. It should be noted that the MFC acts as an intermediary. That is, the center does not make a decision on providing benefits, but only performs actions related to providing assistance in filling out an application and sending information to its destination.

A person determines any of these options independently, based on the characteristics of the current situation and his capabilities.

After all the data has been received, it is subjected to detailed analysis. Then a decision is made to provide benefits to the pensioner for the period specified in the application, provided that it was sent in a timely manner. If the initiator had the right to reduce payment earlier, a recalculation will be made. This rule applies to the thirty-six months preceding the due date for paying the tax. To do this, you will need to submit another request for recalculation. It indicates the timing and reasons for non-use of benefits, as well as the fact that the person has not previously used benefits.

The citizen must be properly informed about the results.

In practice, the response is sent to the person by mail or delivered against signature. In some cases, the initiator may request that he take the answer himself. However, if he does not appear in person, then the notification is sent by mail to the address specified in the appeal. In any case, it would be correct to obtain documentary evidence of the fact that the initiator received the information. In some cases, a person may be refused. This applies to situations where the information was incomplete or unreliable, or the benefits did not apply to the initiator.

A separate group of pensioners entitled to receive free land

In addition to the above categories, which are entitled to receive a free plot of land, pensioners of the Russian military forces are a separate group. As a rule, the list of military personnel, including pensioners, who are entitled to this benefit, is established in each region separately. In any case, the procedure for obtaining free land is the same. Those. is of a declarative nature. It should be noted here that there is no legally established form for a sample of this application, so the pensioner can draw it up in any form. Just like ordinary pensioners, military pensioners are required to indicate in it such parameters as the purpose of obtaining this land, its approximate volume and, of course, its immediate location.

Since quite a large part of the land plots, in accordance with the reforms carried out, were removed from state ownership, when filling out this application, it is very advisable to clarify in advance exactly where the state land is located, which, accordingly, can be allocated to a pensioner or other person entitled to it. After all, if the land is privately owned, then you can’t expect to get it this way. In this case, other institutions of civil law may operate, in which the party representing the direct owner of the land must necessarily participate.

Based on the foregoing, we can conclude that pensioners on the territory of the Russian Federation, who belong to certain categories, have the right to receive certain land plots from the state, on an absolutely free basis, however, this process has not yet been fully detailed at the state level and is regulated by local regulations documents.

Tax liability

The obligation to pay taxes applies to all individuals and legal entities that are not covered by benefits. Such an obligation arises subject to the availability of property, including a land plot. The current legislation defines cases when the payer is exempt from tax.

These include:

1. Payment of tax.
2. Death of an individual. In this case, confirmation will be not only the certificate issued by the civil registry authorities, but also the court decision declaring the person dead.
3. The organization completely ceases its activities. The confirmation will be the decision of the authority and an extract from the Unified State Register of Legal Entities.
4. Obtaining tax benefits.

In all of these cases, a person may be exempt from depositing funds. Tax must be paid in relation to a garden or dacha plot, land for agriculture, livestock farming and gardening.

Benefits for purchasing land from the state for disabled people

Such an expensive procedure as land surveying and cadastral registration of land is carried out by local authorities at their own expense. Whereas when purchasing plots, this responsibility falls on the buyer. Violation of this requirement is recognized as a deterioration in the situation of citizens classified as a preferential category. The land plot allocated to a disabled person must be free and not be owned by anyone. If the beneficiary already owns a plot of land, then the right to it is retained. Download for viewing and printing Federal Law No. 181-FZ of November 24, 1995 - On the social protection of disabled people in the Russian Federation Conditions for the allocation of land plots to disabled people

1. The allocation of land plots from the housing stock owned by local governments or the state occurs on a first-come, first-served basis among citizens entitled to receive free land.

Establishment procedure

The main categories of persons who enjoy tax benefits are indicated in the Tax Code of the Russian Federation. However, local authorities are also vested with powers of this nature. A decision is made to determine preferential categories. To do this, some work needs to be done. First of all, the economic situation in the region should be taken into account, since all benefits will be provided at the expense of the local budget. Then you need to consider the number of potential applicants and their status. Next, the selection criteria are determined. That is, it is necessary to determine a list of conditions that the interested party must meet.

Each payer has the right to refuse the benefits provided to him.

All information provided is the basis for making a decision. The document is drawn up based on the results of the meeting and signed by the head of the government body that issued it. Information must be communicated to all interested parties. To do this, it is placed on information stands at places of reception of citizens, as well as on information websites of government agencies. It should be noted that the establishment of benefits at the local level is the right of the administration, and not its responsibility. This also applies to the applicants themselves.

Allocation of land to disabled people

Important! It is desirable that the type of permitted use be listed as individual housing construction. But it is more important that the selected site must belong to the category of populated lands. Changing the category of land is quite difficult, and sometimes impossible. Who has the right Everything is clear with the approximate list of beneficiaries.

Typically, the main list includes categories of citizens traditionally classified as socially vulnerable. But since the constituent entities of the Russian Federation have the right to approve their list, it is advisable to clarify this point.

It is possible that there is very little free land in the region and not all possible categories are included in the list of beneficiaries. In addition, additional requirements may be established at the regional level. For example, the state has established the possibility of free land for large families. But the law of a constituent entity of the Russian Federation may require simultaneous recognition of a family as low-income.

How to get a plot of land for disabled people in 2021

Wanting to obtain land within a populated area, a citizen must independently find a free plot and then apply for it. Information about all lands is available to any citizen on the public cadastral map posted on the Rosreestr website. The search procedure for a site looks like this:

1. Open public map.
2. Find the area of ​​interest and move the cursor over it.
3. Clicking will open information about the cadastral value of the site, area and permitted use, ownership, encumbrances, restrictions.
4. Next, you need to go to the “click on the link for information from the Unified State Register.
5. The “Rights and Restrictions” item will display the owner or lack thereof.

If the result of the study shows that there is no private owner, you can apply for land.

What benefits do pensioners and disabled people have when purchasing land?

Disabled people of the second group can hope to register land plots in the same way as representatives of the first and third groups. The priority for the issuance of land plots is not divided into categories; citizens of the 1st disability group do not have advantages over citizens of other groups. The procedure for registering a site for group 2 disabled people is as follows:

• prepare medical papers certifying the assignment of a disability category;
• submit an official appeal to the local government office arguing your position on the need to receive land free of charge;
• receive a response from the authorized body;
• upon approval of the application, collect documents for registration of rights to the site in Rosreestr.

Group 3 The legislation does not provide for separate requests for the issuance of free land allotments to citizens with disabilities of the third group.

How can people with disabilities get free land?

The provision of a plot of land for rent to a disabled person is provided for at the legislative level.

• Pensioners, this category has rental benefits from the state for only one plot of land, and the pensioner does not have to work.
• Large families with three or more children have the right to register a plot for individual housing construction with its subsequent purchase. Rent is provided without bidding for such families.
• REFERENCE.

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For disabled people, as a socially unprotected category of citizens, a benefit is provided - they can get a plot completely free of charge. This is stated in the Law “On Social Protection of Persons with Disabilities” and other regulations.

The basis for the exercise of such a right will be the fact of disability itself, established in the appropriate manner. The Law provides for priority allocation of land to disabled people for the following purposes:

• construction of a house or outbuildings;
• laying out a garden or vegetable garden;
• creating a personal subsidiary plot.

This right is provided not only for disabled adults, but also for families that include persons with disabilities.

Social protection is manifested not only in the allocation of land plots to disabled people out of turn.

If a site is selected, the application indicates the location of the land claimed by the applicant. The right to receive free land is confirmed by the following documents:

• documents confirming the status of a preferential category;
• passports of the applicant and all family members (birth certificates of children);
• certificate of family composition;
• document on the property owned;
• conclusion about the non-compliance of existing housing with approved standards.

Depending on the specific program conditions, additional documents may be required.

The appeal is considered within a month.

Benefits for purchasing land from the state for disabled people

The most important element when concluding a lease relationship is establishing the price for the right to use a land plot. An incorrectly set payment amount can lead to negative consequences: large incomes for some and bankruptcy for others.

Let us consider in detail how the price for renting a land plot is determined. ... Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

• The rental payment is calculated using the formula: AP=RS*SR, where:

• AP – rent;
• RS – market price;
• SR – refinancing rate.

1. The lease agreement with the land owner was concluded in December 2015, when the refinancing rate was 11%. The market price of the plot is 2 million rubles. Annual rent will cost the following amount: RUB 2,000,000. * 11% / 100% = 220,000 rub. If the site was rented for six months, then you should take into account the temporary correction factor, which will be equal to 6/12 = 0.5. The rent will be: 220,000 rubles. * 0.5 = 110,000 rub.
2. The lease relationship with the private owner of the land area was concluded for 2 years. The market value of the land is 5,000,000 rubles.

Construction of a private house requires the availability of a suitable site. And sometimes this moment becomes the main obstacle, since it requires significant expenses.

How to get land for individual housing construction at minimal cost in 2021? The state is directly interested in improving the quality of life of the people. Therefore, support measures include assistance in improving living conditions. One of the options for assistance is the provision of a plot for private construction on preferential terms. How to get land for individual housing construction from the state in 2021? Main aspects Individual housing construction is one of the methods that the state uses to provide citizens with housing. According to this program, a citizen is allocated a plot of land on which he can build a house. At the same time, the requirements for the facility being built were approved.

How to get a benefit? It is these representative bodies of local government that can establish benefits in paying land taxes for pensioners or other categories of citizens. Main benefits for pensioners on land tax Usually, citizens own not only a plot of land, but also the buildings on it. This could be a residential or country house, a garage or outbuildings. In this case, citizens are required to pay not only land, but also property taxes for construction. Moreover, it does not matter on what basis a person is a pensioner: upon reaching retirement age or on length of service in military service.

Tax benefits

A pensioner can count on benefits for the following types of mandatory payments:

1. Property collection for one object.
2. Tax on income from benefits of individuals.
3. Property deduction when purchasing a home.

Additional types of benefits may be established by local authorities.

Do pensioners pay rent for land?

If the land plot was formed within a year, then the tax is paid on the cadastral value determined as of the date the plot was registered for cadastral registration. All information on the basis of which land tax for pensioners is calculated is submitted to the tax inspectorates by the bodies that carry out cadastral registration. The tax in relation to a plot of land owned by several persons by the right of shared ownership is determined separately for each taxpayer according to his share in such a plot. Note! In case of ownership of 2 or more plots, the tax base is reduced only in relation to any 1 plot of the taxpayer's choice. Information about the selected site must be recorded in a notification (a sample can be downloaded here), which must be submitted to the tax office before November 1 (for deductions for 2021 - before July 1, 2018).

Legislative regulation of tax benefits for land rental

These include:

• Heroes of the Soviet Union, Heroes of the Russian Federation, full holders of the Order of Glory;
• disabled people of groups I and II;
• disabled since childhood;
• veterans and disabled people of the Great Patriotic War, veterans and disabled people of combat operations;
• persons exposed to radiation as a result of the Chernobyl disaster and other accidents established by law;
• persons directly involved in nuclear weapons testing and liquidation of nuclear accidents;
• persons who have received or suffered radiation sickness, as well as those who have become disabled as a result of nuclear tests and exercises.

From 2021, pensioners have also joined the above categories. This means that from January 1, 2021, the answer to the question of whether a pensioner must pay land tax is negative if the area of ​​the plot is less than or equal to 6 acres.

Types of benefits

Benefits, including those related to land tax, are expressed in the form of a reduction in the amount or complete exemption from contributions. It all depends on the status of the person concerned. The intended purpose of the land plot does not play a role in this case.

It should be noted that land taxes are allocated to a separate section of the Tax Code of the Russian Federation. For this reason, the list of beneficiaries will be slightly different, in contrast to payments for other real estate properties.

Liberation

The current legislation, namely Article 395 of the Tax Code of the Russian Federation, defines a list of persons who do not have to pay land tax.

These include:

1. Organizations and institutions of the criminal punishment execution system.
2. Legal entities on the sites of which state public highways are located.
3. Religious organizations, provided that buildings and structures for the appropriate purpose are located on their lands.
4. Public organizations of disabled people, if they consist of at least eighty percent of such persons or their legal representatives. This also includes companies whose authorized capital consists of contributions of this category, if the number of people with disabilities is at least half of the total number of members.
5. Organizations of folk arts and crafts.
6. Indigenous peoples of Siberia, the North and the Far East, as well as communities of such peoples - in relation to land plots used to preserve and develop their traditional way of life, farming and crafts.
7. Organizations located in a special economic zone, that is, in an area whose status differs from the rest of the country. It is often expressed in preferential tax or customs conditions for national or foreign entrepreneurs.
8. Organizations that are management companies.
9. Legal entities engaged in shipbuilding.
10. Organizations located in a free economic zone.

Pensioners are not included in this list as a separate category. However, they may qualify for tax exemption due to their status. For example, if a person is a representative of the indigenous peoples of Siberia, the North and the Far East. That is, in this case, the age of a person does not matter. The determining factor for abolishing a tax is the status of the person concerned.

Also, a pensioner is exempt from tax if the area of ​​his plot does not exceed six hundred square meters. This includes the entire territory of the site, including those located under buildings. If the area exceeds the specified size, then the person will pay tax only for the extra square meters.

Reduce rate

A tax benefit can be expressed in a reduction in the rate, and therefore in the amount that will be charged. The current legislation defines the categories that have the right to count on receiving benefits of this nature.

These include:

1. Disabled people of the first and second groups, as well as those who received this status in childhood.
2. Heroes of the Russian Federation and the USSR.
3. Full Knights of the Order of Glory.
4. Disabled people and veterans of World War II, as well as other military operations.
5. Victims and liquidators of the Chernobyl accident.
6. Those who took part in eliminating the consequences of nuclear weapons testing, as well as those who suffered illness or disability as a result.

At the regional level, pensioners may also be included in this list as a separate category.

Benefits when paying land rent for pensioners

lifelong inheritable ownership.

• property;
• permanent (unlimited) use;
• Are pensioners exempt from paying land tax? A pensioner is not required to pay tax if he received the land plot:

1. on the right of free use;
2. on the right of urgent use (free of charge).
3. under a lease agreement;

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Using the right to tax benefits In order to find out whether pensioners pay land tax in a particular municipality, you must contact the administration of the relevant district or the tax office at the location of the land plot. It should be remembered that even if the exemption is provided for by the regulations of the municipal body, it will not be applied without a corresponding application from the person who has such a right. In addition to the application to the tax office, you will need to submit a package of documents confirming the taxpayer’s preferential status.

Results

Upon retirement, citizens have the opportunity to reduce their land tax obligations.
They need to inform the tax authority about their right to the benefit once by submitting an application. Thanks to the federal incentive, pensioners are not required to pay tax for plots of 6 acres or less. If the land plot exceeds this limit, tax is paid on the remaining area. Municipal authorities have the right to establish additional tax preferences for land by their regulations. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

How to get a plot of land for a military pensioner: is there a free plot?

The allocation of land to a military pensioner is not clearly regulated. Until 2005, there was a clause in the Federal Law “On the Status of Military Personnel” dated May 27, 1998 N 76-FZ, which stated that a serviceman who retired from service upon reaching retirement age or health conditions was allocated free plots of land at the place of service or in another place of your choice. This rule has been abolished. Only a few regional regulations contain directives on the preferential transfer of landholdings to retired military personnel. In which regions is a military pensioner entitled to a plot of land on preferential terms?

Also, the Federal Law “On the Status of Military Personnel” dated May 27, 1998 N 76-FZ Art. 15, clause 12 determines that self-government bodies have the right in 2021 to allocate land to military pensioners for joining gardening partnerships to build a house. However, Art. 28 of the Land Code of the Russian Federation states that land ownership is allocated only for payment or for rent, and the same paragraph states that free land use rights can be exercised for citizens in the cases listed by federal or regional regulations.

Rights of military pensioners to receive an allotment

How can a military pensioner get a plot of land? The easiest way is to formalize land ownership on a general basis, that is, buy it from the municipality, taking advantage of the benefits for acquiring land, if they exist, of course. Since military pensioners have been delegated the right to receive housing not only in the region of service, but also in any region of their choice, you can pay attention to those areas where there are benefits for military pensioners on land tax, payment for land, or the procedure for free transfer of land into ownership .

A pensioner may be provided with free use of land owned by the Ministry of Defense, which is temporarily unused. In such cases, the possibility of using the allotment is limited to agricultural work. It is prohibited to build buildings on it.

Can pension payments be stopped due to rental housing?

There are several types of pensions and social benefits that are intended only for non-working people. This is, first of all, a social old-age pension (which is assigned in the absence of work experience 5 years later) and a social supplement to the pension up to the subsistence level.

The Pension Fund controls their payment in the same way as in the first case: it identifies a working pensioner by the insurance premiums that go to his personal account. Therefore, payment of rental tax will lead to the termination of these payments only if the pensioner registers as an individual entrepreneur.

Where should a military pensioner go to get free land?

A serviceman dismissed from service due to reaching retirement age or health conditions must contact the municipality at his place of residence with an application for the allocation of land plots to military pensioners.

A retired military man can refer to the Federal Law “On the Status of Military Personnel” of May 27, 1998 N 76-FZ, Article 15, Clause 12 and apply for the allocation of a plot for joining a garden and dacha partnership or the provision of land ownership for use. Based on the norm of the Land Code of the Russian Federation, in the case of 5 years of use of the plot for its intended purpose, the tenant has the right to free privatization of this plot. Therefore, we can say that land plots are provided to military pensioners free of charge on a general basis. They have no special privileges.

Pensioner status

According to the general rules, a person can receive pensioner status upon reaching a certain age, after which it is permissible to cease professional activities and retire to a well-deserved retirement with the right to receive monthly cash assistance.

It should be noted that many people stop working before the deadline. In such cases, you will still need to wait until you reach the established age to receive your pension.

The amount of assistance depends on the specifics of the person’s work. This also affects the age of retirement. For example, people who work in hazardous conditions have the right to retire earlier than others.

Required documents

To obtain an allotment for use, you must provide the following documents:

1. Application for the provision of a land plot for rent for individual housing construction with subsequent provision of ownership with a request for preliminary approval of the provision of the plot for use or rent.
2. If in a given region there are rules that provide benefits to military pensioners on land tax, attach documents confirming these benefits to military pensioners.
3. After receiving an approving response from the administration to the application, it is necessary to draw up a boundary plan and a cadastral passport for the plot.
4. Land ownership is registered in the cadastral register.
5. At this stage, the applicant submits an application to the administration department for the provision of a specific plot for long-term use or lease.
6. The authorized body considers the application and makes a decision on concluding a lease, free use or purchase and sale agreement, if the applicant has decided to purchase.
7. The lease agreement is registered in the Unified State Register of Rights to Real Estate.

Time frame for consideration of the case

The duration of registration of land ownership for rent or free use is explained not only by the coordination of documents and contracts. A lot of time is spent on preparing a cadastral passport and a boundary plan.

The time for making decisions by the administration is regulated by regulations and cannot be more than 30 days. However, cadastral registration and land surveying activities can be carried out within a significant period of time.