How to get a tax deduction when buying an apartment 2021

Taxes are a serious expense for every citizen. This is not directly felt, but if you carefully look at your payslip, which indicates the salary received, you can make sure that contributions to the budget amount to 13% of the total accrued income. However, it should be remembered that under certain circumstances the state undertakes to return the amounts of income tax paid in whole or in part. This is especially true for those who have incurred large expenses. In particular, we will consider the case when an income tax refund occurs when purchasing an apartment, and how you can take advantage of this type of benefit.

Take out a mortgage to buy an apartment

Amount of tax deduction when purchasing an apartment 2021: no change

The amount of the deduction in 2021 remains the same:

2 million rub. for acquisition, construction and repair;
3 million rub. interest expenses on the target loan.

However, in the near future it is possible that the tax deduction for purchasing an apartment will increase. Recently, a bill on this matter was introduced to the State Duma. Its authors ask to raise up to 3 million rubles. deductions for the purchase and construction of housing and up to 4 million rubles. when paying interest.

How many times and how much can you return?

The tax deduction from the purchase of real estate arises only once. The maximum amount with which a tax resident can return 13% of the purchase of an apartment is 2 million rubles. And the compensation will be 260 thousand rubles. This amount does not apply to interest on a mortgage loan if the home was purchased using bank borrowings. There is a separate limit of 3 million rubles for interest.

If the cost of housing is less than 2 million rubles, the deduction will depend on the expenses incurred. For example, with expenses of 1.7 million, the deduction will be 221,000 rubles. If an apartment or house is more expensive, amounts over 2 million rubles are not taken into account. In any case, 260,000 rubles is the maximum that the state will return to one taxpayer for the purchase of housing.

Please note that the remainder of the deduction from the purchase of an apartment or house can be transferred to other properties. Previously, buyers did not have such a right, and even if the apartment cost only 1 million rubles, the remainder of the deduction was burned. The transfer can only be made when purchasing real estate. This cannot be done for mortgage interest; they are tied to one object.

Conditions for tax deduction when purchasing an apartment 2021: there are changes

Law No. 325-FZ has introduced two innovations for property deductions when purchasing an apartment in 2021:

A parent or guardian can receive a housing deduction for children and wards recognized by the court as incompetent, without an age limit (previously there was a limit of up to 18 years).
When refinancing a loan under borrower assistance programs, you can receive a tax deduction in the amount of interest, even if the mortgage loan was refinanced not by a bank, but by another organization.

How to confirm expenses

The deduction will not be provided if the fact of expenses is not confirmed. But since when buying an apartment they don’t issue checks like at the cash register, you have to collect other papers. You can prove payment for housing using a receipt, contract, receipt or bank payment. When preparing payment documents, consider some nuances:

If you confirm a transaction with a receipt , it does not have to be certified by a notary. It must contain information about the property, the former owner, the amount and date the seller received the money. In addition, the receipt must contain a signature. It is better to fill out the document by hand; a printed one will not work.
If you confirm the transaction with an agreement , it must be notarized. In the document, indicate that the seller received payment for the housing.

It is better to use a receipt as proof of expenses. The Supreme Court believes that the indication of payment in the contract does not yet indicate the completion of the transaction.

You can also prove the fact of payment with bank documents. If you paid for the apartment through a bank, receipts, payment orders or bank statements will do.

Changes to the tax deduction when purchasing an apartment for children or dependents

Purchasing housing in the name of a child (in whole or in part) allows the parent to receive a property deduction within the limits of the child’s or ward’s share. The child retains the right to the benefit; the amount of the property deduction limit used is issued to the parent. In previous years, this rule only applied to children under 18 years of age. From 2021, a tax deduction for the purchase of an apartment applies to children (including adopted or guardianship children) of any age if the court has declared them incompetent. An important condition for receiving benefits is that housing must be purchased at the expense of the parent or guardian. If the parent invested his savings or took out a corresponding loan, then a deduction will be provided; If state support funds are used, the tax will not be refunded.

How to get compensation

The taxpayer can choose one of two ways to return 13%:

You can receive the full amount of the deduction from previously withheld taxes into your bank account. To do this, in the application, indicate the method of return “to a bank account” and enter the details for the transfer.
You can also get 13% back in installments from each salary. To do this, provide the employer with a notification that the right to a property deduction has arisen. For a certain period, the accounting department will not deduct 13% from wages. If the entire refund amount is not paid in one year, the remaining compensation will be transferred to the next. This may continue for several years until the buyer is compensated for the entire amount of the property deduction.

Registration through an employer has several advantages:

you don’t have to wait until the next year after the transaction to start receiving money;
the period for checking documents by the tax service will not last for 3 months, but only for 30 days;
You can get a refund for all income taxes withheld since January 1 of the current year, even if the home was purchased in July or November.

The disadvantage of receiving a deduction at the workplace is that the notice to the employer is issued only once for the entire tax period. If you change your job, you will have to wait until the start of the next tax period to add 13% to your salary. But if you already combine work, you can bring the same notice from the tax office to all employers at once.

Tax deduction for an apartment loan - features of refinancing in 2021

In 2021, receiving a deduction on interest when refinancing was allowed only if the new lender was also a bank. In 2021, an exception appeared to this rule - non-bank organizations according to the list of the Government of the Russian Federation. A prerequisite when preparing documents for a tax deduction when purchasing an apartment for the amount of interest paid is that any refinancing agreement must contain a direct reference to the original loan agreement. In turn, the initial loan agreement must be targeted, that is, the text of the document must indicate the purpose of the money issued - for a specific apartment.

The requirement for a mandatory reference when refinancing to the original loan agreement applies to all possible situations for obtaining a deduction:

initial or subsequent refinancing at a bank;
refinancing using state support in other organizations.

Unfortunately, it is easy to lose the right to a tax deduction on interest on the purchase of an apartment when refinancing:

if the on-lending agreement was concluded before 2021 not with a bank, it could be various financial organizations without a banking license, individuals or employing organizations;
if such an agreement was not concluded in 2021 with a bank, and the new creditor is not included by the Government of the Russian Federation in the list of organizations through which state support is provided;
if the new document does not directly mention the very first loan agreement as a source for financing the purchase of housing - even if refinancing is carried out for the second or third time, it is still necessary to refer to the first loan agreement.

What if the purchased apartment is sold again?

A situation may arise when an individual entrepreneur purchases real estate, submits documents for a tax deduction, and then sells the apartment. It's not illegal. Moreover, even if this action was taken before the deduction amount was exhausted, it is legal. Everything that its owner does with real estate after purchase no longer concerns tax payments. The deduction will be provided until the amount is completely exhausted.

Based on the information above, we can summarize that an individual entrepreneur, in principle, can receive a tax deduction. However, for this it is necessary that it meet certain parameters, the main one of which is the businessman’s payment of personal income tax (13%). To do this, you can use two options: either apply the general taxation system in your activities, or find a part-time job that will generate additional income subject to personal income tax.

Determining the amount of tax deduction when purchasing an apartment in 2021 for spouses

If the marriage is officially registered before the purchase of real estate, then both spouses have the right to receive a property deduction, but there are nuances.

Depending on the type of ownership of the apartment, the amount of tax deduction is distributed as follows:

Common shared ownership is proportional to the share in the purchase price . For example, an apartment was purchased for 6 million rubles. spouses in shares: husband 1/6 and wife 5/6. Potentially, everyone has a benefit in the amount of 2 million rubles, however, upon completion of the transaction, the amount of tax deduction when purchasing an apartment will be:

for husband - 1 million rubles. (6 million rubles * 1/6),
for the wife - 2 million rubles. (6 million rubles * 5/6, but not more than 2 million rubles).

With a more equal proportion, the husband would be able to receive the full amount of the benefit.

Common joint property - in accordance with the agreement on the distribution of deductions between spouses . If such an agreement has not been formalized, then the property deduction is divided equally. Having concluded an agreement, you can change the proportion of distribution of the benefit amount - for example, if the income of one of the spouses allows you to receive a refund faster than the income of the other.

When submitting subsequent declarations, it will be possible to change the ratio of shares in the amount of the tax deduction for the purchase of housing only in terms of interest costs. The remaining costs will be allocated according to the original agreement. If, for example, the wife waived her share of the deduction in favor of her husband in the first year of the tax refund, then when filing a return for the second year, her share will still be 0%. The husband will not be able to transfer the rest of the deduction to her if for some reason he himself is unable to receive it.

The sole property of one of the spouses - in the absence of a marriage contract, all property acquired during marriage is considered common . Consequently, the amount of tax deduction when purchasing an apartment is divided similarly to the previous option. In this case, it is necessary to conclude an agreement on the distribution of shares; the rule of equal proportions will not work by default.

When does the right to return 13% appear?

In order to be approved for a property deduction when purchasing a home, several conditions must be met:

The applicant for the deduction is a tax resident of the Russian Federation. At the same time, they live at least 183 days during each year in the territory of any of the constituent entities of the Russian Federation.
The home buyer has all the supporting documents . Part of the funds can only be returned based on the amount of actual payment for the property. If it was inherited or given as a gift, you cannot receive a deduction, since there were no expenses. Military personnel who participate in the NIS program will also not be able to receive a full deduction. For them, part of the rent is paid by the state. The same restrictions apply to using maternity capital to pay for a mortgage.
There are documents confirming the right to the purchased housing . If you purchased an apartment in a new building, the proof will be the transfer and acceptance certificate. You cannot use a share participation agreement, it does not matter whether the entire payment has been made or only a part. When purchasing an apartment on the secondary market, you can certify ownership rights with an extract from the Unified State Register of Real Estate. In this case, real estate documents can only be issued personally to the buyer or his legal spouse.
The former owner of the apartment and the buyer are not closely related. If the transaction takes place between relatives, no deduction is given. It is impossible to hide kinship. The Tax Inspectorate checks the interdependence of the parties to the transaction using its databases, including with the involvement of the Civil Registry Office. Therefore, you can buy a house from your father or brother, but you cannot get a deduction. And from your mother-in-law or niece’s husband you can not only purchase housing, but also get the right to a deduction.
Before this appeal, the property deduction had never been used. When applying for this type of tax deduction, the limits for one citizen are taken into account. If you have already sold it once and used the entire amount of 2 million rubles, you will not be able to claim the deduction again.

Also, one of the most important conditions is that housing must be located on the territory of the Russian Federation.

What documents are needed to obtain a tax deduction for the purchase of an apartment?

Form 3-NDFL. The easiest way is to fill it out in a program that can be downloaded from the Federal Tax Service website. No special knowledge is needed for this.
2-NDFL certificates from all sources of income. It is not necessary to contact all employers if there are several of them. After March 31, 2020, income certificates for 2021 can be downloaded for free on the State Services portal.
Property document. After 2021, its role is played by an extract from the Unified State Register of Real Estate. A legally significant extract from Rosreestr can be ordered via the Internet on the official EGRN.Reestr for any real estate property.
Application for distribution of deductions between spouses.
Applicant's passport.
Marriage certificate.
Transfer and acceptance certificate or DDU agreement .
Payment documents, including receipts and receipts. Acts on the purchase of materials for repairs, indicating the full passport details of the supplier, if this is an individual.
Application for transfer of funds from the budget to a bank account. To prevent your money from hanging up on unexplained payments, it is better to take a statement of account details from your bank in advance. Any account is suitable, even a bank deposit. You don't need to take a card for this. The main condition is that the account is not closed until the money arrives (the period can take up to 3-4 months).

With the exception of declarations, 2-NDFL certificates and applications, documents are transmitted in the form of copies. However, you must have the originals with you, since the authenticity of the copies is checked by the inspector.

How to get a tax deduction when buying an apartment

After you have prepared a package of documents, calculate the amount of deduction and tax to be refunded. Then it will be checked by the tax office, but the applicant himself must count it. You can get back 13% of the amount actually spent. The limit for purchasing housing using your own funds is 2 million rubles, that is, the maximum refund amount will be 260 thousand rubles.

Interest on a mortgage has its own limit - 3 million rubles, they will return up to 390 thousand rubles. In your calculations, take into account all the nuances, including those that we wrote about above. You may have your own preferences for purchasing a home. For example, maternity capital was used. It is impossible to obtain a property deduction from this amount, so it must be deducted from the cost of the apartment.

There are two ways to receive a tax deduction for purchasing an apartment:

From the employer this year . To do this, you must submit a declaration in form 3-NDFL. The employer does not withhold personal income tax during the year, but pays it to you as part of your salary.
According to the declaration next year. An option for those who do not have an employment contract or are planning to return personal income tax for previous years. Several declarations are sent to the tax office - one for each year.

All collected documents must be sent to the tax office - in person or online through the nalog.ru portal. The wait usually takes three to four months. The tax deduction will come to your account.

When to submit documents

Submit the documents collected to return 13% of the purchase of an apartment simultaneously with the 3-NDFL or application. If you apply for a deduction online, through your personal account on the FSN website, you can attach scanned copies of documents. If you apply for a property deduction from purchasing an apartment in person or by mail, photocopy the documents. Next, they will be checked by the tax office. The period of the desk audit lasts about 3 months. If everything is correct, then only after this the right to deduction arises.

To receive compensation for part of the money spent, photocopies are suitable. If the tax office has any suspicions, Federal Tax Service specialists will independently verify the accuracy of the information in Rosreestr, the Civil Registry Office or the Pension Fund of the Russian Federation. If they still ask for originals or if any document is missing, a tax inspector will contact the applicant and explain the situation. Therefore, indicate the correct telephone number in the 3-NDFL or application, and keep the original documents at hand during the verification process.

Why they may not give a tax deduction when buying an apartment in 2021

The amount of expenses is not documented.
The documents were completed incorrectly. Possible options: the seal on the contract is not readable, the seller’s passport details are not indicated in the purchase act, the intended purpose is not indicated in the loan agreement.
Other people's funds were used. Classic options are purchasing an apartment using maternity capital, a military mortgage, or purchasing housing by an employer for employees. There is judicial practice regarding claims by the Federal Tax Service against citizens who managed to receive a tax deduction for an apartment when budget funds were allocated to them, but did not inform the tax authorities about this.

Sometimes payment by another person is still allowed:

purchase of housing by spouses;
registration of residential real estate in the name of children or wards.

A citizen has no taxable income from the year of acquisition of real estate. In this case, he will have nothing to return from the budget, since it is impossible to receive money for the period before purchasing the property. The only exception is pensioners, who are allowed to receive a tax deduction when purchasing an apartment based on income documents for the three previous years.
There is a subordinate position or influence between the seller and the buyer. Here are some examples of such situations:

close relatives;
superior and subordinate;
organization and its founder.

Text: Natalia Petrakova, Olesya Moskevich