We save a huge amount: how many years after purchasing an apartment can you sell it so as not to pay tax?

Content

1. How long does it take to register a car after purchase?
2. How long can you go without registering your car?
3. Fines for failure to comply with vehicle registration deadlines
4. How to meet the vehicle registration deadline: recording methods
5. Where to contact?
6. How long does it take to register a car with the traffic police?
7. How long does it take to register a car with the MFC?
8. Can the previous owner stop registering the vehicle?
9. What documents are needed?

The law gives car owners certain deadlines to complete registration actions. In this article we will tell you how many days the owner has to register a car, how to comply with the requirements, and avoid fines for late reporting to the traffic police.

How long does it take to register a car after purchase?

After purchase, the period for registering the car is 10 days. The countdown begins from the day the contract is signed. The buyer must submit an application to the traffic police 10 days in advance. If it is submitted on the 10th day, and the STS is issued later (when going through the procedure through State Services), you will not have to pay a fine.

How many days are given to register a car that was purchased in another region?

The period for registering a car imported from another region is 10 calendar days after taking ownership. If the car owner does not have time to arrive in his region before the expiration of 10 days, he can issue an STS at his place of stay. The vehicles will be assigned numbers with a region code corresponding to the owner's registration.

Calculation of the period depending on the method of purchasing housing

Now let’s talk about exactly how many years after purchasing real estate you can sell it without paying personal income tax. In order to correctly calculate the terms of ownership of real estate for exemption from tax deductions, let us turn to the legislative acts regulating this process.

According to the purchase and sale agreement

The tenure period for apartments purchased under the DCT is calculated from the date of registration of ownership (you can find it in the extract from Rosreestr), in accordance with Articles 131, 223 of the Civil Code of the Russian Federation and the Federal Law “On State Registration of Real Estate”.

Example: An agreement to purchase an apartment was concluded in February 2015, and the parties were able to register ownership (due to a work trip of one of the parties) only 4 months later - in June 2015. After 2 years, the new owner decides to sell the property, but does not want to pay personal income tax. To correctly guess the time, he should turn not to the DCT, but to the registration documents. If you decide to sell real estate in February, March or April 2018, you will pay personal income tax; in June, you will get rid of the tax.

The same calculation principle for determining personal income tax payment is relevant for:

1. purchases under equity participation agreements;
2. donations;
3. investing;
4. assignment of the right of claim;
5. also apartments received by citizens in exchange for dilapidated or dilapidated housing.

Property inherited

In the case of inheritance, the period of ownership is calculated from the date of death of the testator, and not from the moment of registration of ownership. However, there are two exceptions to this rule - which are enshrined in letters of the Ministry of Finance No. 03-04-05/30946, No. 03-04-05/45015, respectively dated May 30, 2021 and October 24, 2013.

• An apartment purchased by a spouse during marriage is inherited by the second spouse after his death. In this case, the period of ownership will be calculated from the moment of registration of ownership rights to the deceased spouse-testator.
• Inheritance by the owner of a share of the second share of a deceased owner - in such a situation, the date of commencement of ownership will also be considered the day of initial registration for this share, that is, the moment when the testator received his right.

Example: A married citizen bought an apartment in 2016 and registered it in his name. According to the provisions of the Insurance Code, housing automatically became the common property of the spouses. After the death of her husband, the wife inherited the apartment and re-registered ownership in 2021. At the time of registration, the apartment had been owned by her husband for 3 years. Since the testator is a member of the family of an individual, and three years of ownership have already passed, the wife can immediately sell the apartment without personal income tax.

You can learn more about whether you need to pay personal income tax on the sale of inherited housing in this material.

Privatized

If the apartment was privatized before 1998, the date of conclusion of the relevant agreement is taken into account. For all transactions after 1998, the standard rule applies - the beginning of the ownership period is considered to be the day of registration of ownership in Rosreestr.

The right to housing is recognized through the court

Despite the fact that citizens go to court demanding compliance with the provisions of an already concluded agreement, the date of signing the document will not play a role. The period of possession will be calculated from the moment the court decision comes into force.

The materials on our website discuss all the situations and nuances associated with paying personal income tax when selling an apartment. For example, read about how to save on tax as a non-resident and how tax is paid on the sale of a share in an apartment.

Fines for failure to comply with vehicle registration deadlines

If you violate the deadline for registering a car after purchasing it in 2021, the car owner will be fined. Please note that penalties for failure to comply with the deadline for registering a new or used car differ for individuals and legal entities. A citizen will be fined 1,500 rubles, an organization – at least 5,000 rubles, the fine can reach 10,000 rubles.

How to meet the vehicle registration deadline: recording methods

How to register with the traffic police.
All possible ways. In order to meet the deadlines for registering a car after purchase in 2021 and avoid fines, it is recommended to select the branch where the vehicle registration certificate will be issued in advance and sign up. You can do this in several ways:

• To the traffic police, taking a ticket at the self-service terminal. The number of coupons is limited, you can get them for the current day. To register, select the action in the terminal, the time of reception, enter the applicant’s data, print the coupon
• Through State Services. A registered user of the portal can register remotely, select the traffic police, the time of the visit, and pay the state fee with a 30% discount
• In our company. We’ll consult with you and make an appointment for a time that’s convenient for you. All registration actions are performed by our employees

Where to contact?

The period for registering a car after purchase is the same when applying to any traffic police department in the city. Whichever branch you choose, the application must be submitted within 10 days, otherwise a fine cannot be avoided.

Also, the registration period, that is, the duration of registration actions, does not change in different branches. The applicant will spend the same amount of time. You can choose any traffic police, regardless of registration. If the region of registration of the vehicle does not coincide with the region of registration, inspectors do not have the right to refuse the service. However, when registering transport in another region, after receiving the STS, you will have to contact a specialized company and order plates with license plates. The State Traffic Inspectorate will assign license plates to vehicles with the code of the region where the owner is registered, but will not issue plates.

Who is exempt from paying?

Tax legislation does not provide for tax exemption for any categories of Russian citizens. Unemployed persons, pensioners, single mothers or disabled people - they all pay personal income tax on a general basis, but have the right to take advantage of deductions and all other legal ways to reduce the tax burden after the sale of an apartment.

So, we looked at how long after purchase you can sell it, when there is a sufficient period to avoid paying taxes. As you can see, the legislation of the Russian Federation offers many options to reduce the tax burden when selling housing, the main one is to sell the apartment in three or five years. Now you know in what cases what period is considered minimum and how to calculate it correctly. Remember also about the possibility of reducing the amount of personal income tax using tax deductions.

How long does it take to register a car with the traffic police?

If a car owner arrives at the department without an appointment, most likely he will have to stand in line before the car is registered. Registration time is 30 minutes. This is the duration of the procedure according to the regulations of the State Traffic Inspectorate. But the procedure almost always takes longer. As a rule, it takes one to two hours to complete registration actions at the capital’s traffic police.

How long it will take to register a car depends not only on the branch and the number of visitors, but also on how well the car owner has prepared for the procedure. If not all documents are collected, the applicant will be refused, he will have to go for the missing papers and contact the traffic police again. As a result, the procedure will take many times longer. Contact us to collect all the necessary documents and receive the STS as quickly as possible!

How long does it take to register a car when registering through State Services?

The time frame for registering a vehicle when registering with State Services is the same as when submitting an application directly to the State Traffic Inspectorate office. According to the regulations, the procedure should take half an hour, but in reality the owner of the car will spend at least an hour in the traffic police. But in this case, he will receive the service by appointment, and he will not have to stand in hours-long queues.

Knowing how long it takes to register a car with the traffic police, you can plan a visit to the department and sign up in advance through State Services. To do this you need:

1. Log in to the portal
2. Find the required service in the catalog
3. Fill out the electronic form
4. Select department, time of visit
5. Pay the state duty (it can also be paid at a bank or through a terminal, but the State Services discount will not apply in this case)

Having signed up, all that remains is to visit the unit at the appointed time with documents.

In what cases will the tenure be 3 years, and in what cases – 5 or more?

Is property owned for more than 3 years subject to mandatory tax? According to provision 3 of Article 217.1, the minimum period of ownership of an object is set at three years with the condition of tax exemption in such cases:

1. The apartment was received by the owner by inheritance or gift from an individual recognized as a family member or close relative.
2. Property rights arose as a result of privatization.
3. The apartment was received under a lifelong maintenance agreement with dependents.

In other situations, the period of exemption from personal income tax is five years or more.

Receipt by right of inheritance

Receiving an inheritance in the form of property does not entail payment of income tax in accordance with paragraph 18 of Article 217 of the Tax Code of the Russian Federation. However, when selling an apartment, the general rules apply to the heir and personal income tax is paid in the standard mode.

Only one benefit applies - a reduced tenure. In this case, unlike the gift tax, the degree of relationship with the testator does not matter; the benefit applies to everyone. In this case, there is no need to submit a 3-NDFL declaration, but some sellers still receive a reminder from the tax office about the need to pay tax.

Why does this happen? The tax authorities have information about the date of state registration, they do not take into account the date of actual receipt of the apartment - the day the inheritance was opened. In many cases, the difference between the date of opening of the inheritance and registration in Rosreestr is decisive. For example, the difference between the first and second date is 6 months.

The seller must draw up an explanatory note and send it to the tax office or appear at the authority himself, presenting documents confirming a three-year or more period of ownership.

Transfer under a gift agreement executed from close relatives

Before selling an apartment, recipients of an apartment need to clarify whether the donor belongs to the category of a close relative, because the entire list of individuals with this status is enshrined in the Family Code. Article 14 of the RF IC states that close relatives are those in the ascending and descending lines - parents and children, grandparents and grandchildren, as well as brothers and sisters.

The timing of the sale of such an apartment without taxes also depends on the date of registration of ownership. As we wrote above, for real estate registered before January 1, 2021, the old rules apply, and for those that transferred ownership in 2021 or later, new rules apply. Previously, an apartment donated by a close relative or family member could be sold immediately without paying personal income tax.

You can find out more about the case when you sell an apartment to a relative in our article, and read about personal income tax on the sale of a donated apartment here.

Under a lifelong maintenance contract

The parties enter into an agreement between themselves, which deals with lifelong maintenance in exchange for the alienation of the apartment. The new owner can register the ownership of housing either immediately after signing the contract or after the death of a dependent - such conditions are negotiated personally between the parties.

In any case, the recipient will be able to sell such an apartment without paying personal income tax three years after registering the property rights in Rosreestr.

After privatization

The privatization process ends with the registration of a new property right, the owner receives the right to sell the apartment immediately with the payment of personal income tax or after three years without deductions to the federal budget.

How long does it take to register a car with the MFC?

The time frame for registering a vehicle at the MFC is standard; the procedure will take about one to two hours. The procedure is the same as in the traffic police. The owner of the car or his legal representative submits an application, submits a package of papers for inspection, and places the car on the site for inspection. The car is checked by an inspector, he checks the markings of the body, chassis and parts, VIN with the title. While the vehicle is registered in the database, the applicant has to wait, after which he receives the STS and license plates.

Can the previous owner stop registering the vehicle?

Knowing how many days are allocated by law for re-registration of a car after purchase, the previous owner can check the status of the vehicle after the sale using a specialized online service. If the vehicle is still registered in his name after the expiration of ten days from the date of conclusion of the DCT, he has the right to deregister it. All he needs to do is submit an application through State Services, attaching a scanned copy of the DCP. Payment of state duty and personal visit to the State Traffic Inspectorate are not required. Within a few hours after submitting the application, changes will be made to the registration data of the vehicle.

This threatens the new owner with additional problems. He will not only have to pay a fine for failure to comply with the deadline for registering the car, but also receive new license plates; existing license plates will be declared invalid. If the license plate is put on the wanted list, and the new owner is stopped by traffic police inspectors, he will pay a fine of at least 5,000 rubles, and the vehicle will be evacuated to an impound lot.

How many years do you have to wait to take advantage of the benefit?

Let's consider whether it is, in principle, possible to sell a home without paying tax immediately after purchasing it. Paragraph two of Article 217.1 of the Tax Code of the Russian Federation introduces into legal practice the concept of “minimum maximum period of ownership of real estate.” It is stated that income received by the taxpayer from the sale of real estate is exempt from taxation provided that the housing was in his ownership for a minimum period. The minimum period for tax exemption is 3 or 5 years (you can find out about the specifics of paying tax if you have owned an apartment for less than three years here).

New terms of ownership with sale without personal income tax were fixed by the adoption of the Federal Law of November 29, 2014 “On Amendments to Parts One and Two of the Tax Code of the Russian Federation” (382-FZ). Paragraph two of Article 4 states that the amendments come into force on January 1, 2021. The third paragraph of the above article states that the new ownership periods apply only to real estate acquired and registered with Rosreestr after January 1, 2021.

What documents are needed?

In order to meet the deadlines for registering your car, you should not only register with the traffic police in advance, but also prepare documents. To register a vehicle you need:

• application (form and sample to be filled out are issued at the department)
• passport
• PTS (if issued on paper and not in electronic form)
• STS (required when re-registering used vehicles)
• PrEP
• OSAGO (issued in the name of the new owner)
• receipt confirming payment of the fee

The interests of the owner in the State Traffic Inspectorate can be represented by a trusted person. When filling out the application form, be sure to indicate the data of the authorized person in a specially designated column.

Our company’s specialists will help you meet the deadline for registering a new car with the traffic police. We work with individuals and legal entities, completing registration steps within half an hour. You can sign up for a suitable department of the Moscow traffic police by leaving an application online or by phone.

How not to pay personal income tax - tax deduction scheme

In Russia, there are several mechanisms for selling apartments without paying personal income tax . In what cases is it not necessary to pay this tax? First of all, the seller must clarify the minimum period of ownership of the apartment - we discussed this in detail in the previous sections. If it is not possible to sell an apartment according to this parameter, you can take advantage of other opportunities, for example, a tax deduction.

It allows you to reduce the tax base by 1 million rubles, in accordance with subparagraph 1 of paragraph 2 of Article 220 of the Tax Code. In practice, it looks like this: 1 million rubles are subtracted from a certain base for paying the tax (cadastral value after applying a reduction factor or the actual price of the apartment - a larger amount is used).

For example, the owner of an apartment donated by his mother wanted to sell it two years later at a price of 4 million rubles. The actual cost turned out to be higher than KS x 0.7, so it will be used as the base. Now from 4 million rubles it is necessary to subtract 1 million deductions, leaving 3 million rubles. They will have to pay personal income tax at a rate of 13%. If the cost of the apartment did not exceed 1 million rubles, the tax deduction relieves the seller of the right to pay tax.

If the apartment was purchased and not given as a gift or inherited, the owner can use the “income minus expenses” formula, presenting evidence of a previous purchase along with the 3-NDFL certificate to the tax office. Based on the results of consideration of such an application, the tax office must reduce the tax base by the amount of the purchase of real estate.

Let's give an example for a thorough understanding of the scheme: in 2021, a resident of St. Petersburg bought an apartment for 7 million rubles, and two years later, in 2021, he planned to sell it for 8 million rubles. The amount of income will be equal to 1 million rubles, which means tax deductions to the treasury at a rate of 13% will be equal to 1 million x 13% = 130,000 rubles.

Please note that selling an apartment cheaper using this formula will not be taxed.

Reference: Individuals in Russia are allowed to use only one tool for reducing personal income tax: either a tax deduction or the “income minus expenses” formula.

Another option is how to evade the tax and even reduce its size down to zero, namely: buy another apartment with the proceeds from the sale of your real estate - having carried out all transactions in one calendar year and take advantage of the property deduction. The maximum deduction amount is 2 million rubles, provided to a citizen once in a lifetime (letter of the Ministry of Finance No. 03-04-05/7154).

Read about what a tax deduction is and how to get it in this article.