How long does it take to sell an apartment?
Instantly. Immediately after purchase, even if only a few seconds have passed since that moment. The new owner automatically receives all rights and responsibilities, including the ability to sell the apartment.
There is no need to wait for anything, but it should be borne in mind that by law, the owner is required to pay a tax of 13% of the sale price. Because of this, mainly new offers are no longer so profitable. The rule was introduced in order to eliminate speculation in the market according to the system of “buying everything cheaper and gradually selling it more expensive.”
Temporary insurance
If a car owner finds himself in a situation where he needs to drive a car over a long distance, without having permanent MTPL insurance, then the right to purchase a temporary policy provided by law may be his way out. This type of insurance policy is also called transit insurance.
The main feature of transit insurance is that you do not need to undergo a technical inspection to obtain it. Federal Law No. 40 gives the right to issue this policy if:
- The vehicle must be taken to a technical service or inspection center for scheduled maintenance or in connection with insurance.
- The vehicle was owned due to a will, gift or purchase, and it must be driven to the place of registration.
Such MTPL insurance is issued for a period of 20 days, which should be enough to complete all procedures and purchase a permanent policy.
When can you sell an apartment purchased using maternity capital?
Maternity capital can be used to pay for part of the apartment. The main feature of this is that such housing must necessarily be registered as the property of not only the buyer-owner of the certificate, but also the property of other family members: the spouse and all children, including the first-born.
Such housing can also be sold on a general basis immediately after purchase, however, given the fact that the apartment will belong to minors, permission from the guardianship authorities will be required. It is not difficult to obtain it, but only on the condition that the new apartment will also be registered as the property of all family members and this housing will be no worse than the one for sale.
When can you not change numbers after purchase?
Accordingly, if you purchased a car in your region, the traffic police will not force you to change them, and you can keep the old ones when purchasing and re-registering. Of course, if you express the will to simply replace them, then in this case they do not have the right to refuse you. Just remember the cost of the state duty.
Let's look at a couple more examples:
- you are “registered” in Kazan, but you purchase a car in Naberezhnye Chelny with the code “116” - in this case, you can keep the old license plates from the previous owner when re-registering with the traffic police, since the region code matches your registration;
- you live in St. Petersburg, and you purchased the car even in Vladivostok, but with the code “198” - then you can also leave these registration marks, since, despite the fact that the subject of the purchase is different, the car still has the code of your region.
How does the time of selling an apartment affect the payment of taxes?
The pressing issue for the owner of newly acquired real estate is the possibility of receiving a personal income tax refund, and for the Seller - the need to pay personal income tax to the budget. Usually, difficulties arise in calculating the amount to be paid to the budget if the Buyer acts as the Seller a little later. Legislation will help you figure it out.
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How does the right to a tax deduction arise?
According to the Tax Code (clause 3 p.
1 of the Tax Code of the Russian Federation), the taxpayer has the right to receive a tax deduction. The bottom line is that when registering a deduction, the Buyer will be exempt from paying personal income tax on his third-party income until the refund amount is compensated.
However, the maximum deduction that the Buyer can count on is 2 million rubles. , which means the maximum possible personal income tax return is 13% of 2 million.
rub., that is, 260 thousand rubles. For buyers of an apartment with a mortgage, the maximum possible deduction is 3 million rubles.
, and the personal income tax refund amount is
390 thousand rubles.
The period of ownership of housing does not matter. Income tax will be returned from the state budget gradually. To do this, you must meet a number of conditions:
- Be a resident of the Russian Federation.
- Buy an apartment in the Russian Federation.
- Pay for the apartment with your own cash or borrowed funds.
- Register ownership of the apartment. If real estate is purchased in a new building, an apartment acceptance certificate is required.
When assessing the likelihood of receiving benefits, it should be taken into account that the deduction will not be provided in the following cases:
- when purchasing an apartment from a close relative or “interdependent” person (1 Civil Code of the Russian Federation);
- in the case of using maternity capital or other donated funds (subsidies, assistance from the state budget);
- in the absence of the necessary documents (for example, during the subsequent sale of an apartment before the deduction is issued, as a result of which documents on ownership will be missing).
Expert opinion
Musikhin Viktor Stanislavovich
Lawyer with 10 years of experience. Specialization: civil law. Member of the Bar Association.
Persons entitled to a deduction can use it until the amount of 260 thousand rubles. will not be completely exhausted. For comparison, before 2014, the deduction could be applied once in a lifetime to the sale of only one piece of real estate.
This means that if the buyer exercised the right of deduction before 2014, he will not be able to use the unspent balance.
- Citizen Smirnov bought a house in 2011 for 800 thousand rubles. The tax deduction for personal income tax amounted to (800 thousand rubles X 0.13) 104 thousand rubles. In 2021 he bought an apartment for 2.6 million rubles, but could not use the deduction, since he used it before 2014.
Having purchased an apartment, the new owner has the right to receive a tax deduction only if he pays taxes to the state budget in the amount of 13%. An unemployed property owner, as well as one working on a simplified taxation system, will not be able to return personal income tax, since he does not pay it to the state treasury.
What documents are needed to receive a deduction?
This kit includes:
- passport;
- income certificate in form 2-NDFL, which indicates income and taxes paid for the corresponding year;
- Declaration 3-NDFL, from which it is clear that property was acquired, taxes were paid and that a certain amount of property tax deduction is due.
For the apartment you will need:
- apartment purchase agreement;
- an act on the transfer of an apartment to the taxpayer or a certificate of state registration of the right to an apartment.
If the apartment was purchased through a shared participation agreement:
- an agreement on shared participation in construction or an agreement on the assignment of the right to claim;
- an acceptance certificate or other document confirming the transfer of the object from the developer to the participant;
- copies of payment documents (for example, payment orders, bank statements about the transfer of money from the buyer’s account to the seller’s account).
If the apartment was purchased on the secondary market:
- agreement on the purchase of an apartment (for example, a purchase and sale agreement);
- copies of payment documents (for example, payment orders, bank statements about the transfer of money from the buyer’s account to the seller’s account);
- documents confirming ownership of the apartment (for example, a certificate of state registration of rights).
If you bought a house and land:
- agreement for the purchase of a land plot with a residential building;
- copies of payment documents (for example, payment orders, bank statements about the transfer of money from the buyer’s account to the seller’s account);
- documents confirming ownership of a residential building (for example, a certificate of state registration of title);
- documents confirming ownership of a land plot (for example, a certificate of state registration of rights).
Until 2014, property tax deductions were issued for only one property, but now it can be received from several apartments. The limit on the amount remains the same - no more than 2 million rubles. For example, if an apartment costs 1.5 million rubles, then you can get a deduction of another 500,000 rubles. from the next apartment.
Until 2014, there were no restrictions on mortgage interest. For example, from an overpayment of 10 million rubles. it was possible to get a deduction for the entire 10 million rubles. Starting from 2014, a limit was introduced on the deduction of mortgage interest in the amount of 3 million rubles.
Tax deductions can be obtained not only for real estate, but also for mortgage interest.
For this you need the following documents:
- loan agreement with annexes and additional agreements thereto;
- documents confirming payment of interest on the mortgage (for example, a certificate from the bank).
The deduction is issued for the interest actually paid. For example, if a mortgage agreement was signed for 10 years 3 years ago, then a tax deduction is issued for the amount of interest paid for 3 years. Interest paid in the following year will be tax deductible in the following year.
What tax will you have to pay when selling a recently purchased apartment?
The sale of real estate involves the receipt of income, from which a resident of the Russian Federation must pay 13% personal income tax. In the case of an urgent sale of an apartment, the following events are possible:
- Housing is sold in the same tax period as it is purchased. As a result, with equal amounts of expenses and costs, income may be equal to 0. A tax return is submitted to the tax office indicating and confirming all amounts. With a zero declaration you will not have to pay taxes.
- Housing is sold and purchased in the same tax period at different prices. In this case, the tax is calculated according to established standards. The tax base will be the amount taking into account the deduction.
- Sales and purchases are carried out in different tax periods. In each of them, tax returns are submitted reflecting income and expenses.
In some cases, specified in Art. 217.1 of the Tax Code of the Russian Federation, persons are exempt from paying taxes. The conditions are as follows:
- The period of ownership of the property is more than 5 years after purchase, or 3 years if it was purchased before 01/01/2016. The difference in terms arose due to the release of Law No. 382-FZ of November 29, 2014 in January 2021, according to which The tenure period was increased from 3 to 5 years.
- The apartment has been owned for more than 3 years , but a reduction in the period of ownership is possible if the housing was acquired during privatization; by inheritance or as a gift from relatives; The apartment was transferred under a lifelong maintenance agreement with dependents.
Since none of their conditions are suitable for tax exemption when selling an apartment immediately after its purchase, tax will have to be paid.
The value of the property under the contract is taken as the tax base, but if it turns out to be less than the cadastral value multiplied by a coefficient of 0.7, then the latter becomes the base. The cadastral value must be established as of January 1 of the year in which the transfer of ownership was registered.
If it turns out that on the established date the value according to the cadastral passport has not been established, then this rule does not apply.
When calculating, the Seller who previously purchased the apartment has the right to reduce the tax base by one of the following amounts:
- For 1 million rubles . If the apartment costs less than a million, the Seller does not pay tax at all thanks to the deduction.
- For an amount equal to the cost of purchasing the apartment. In this case, the Seller must have documentary evidence of the costs incurred.
Citizen Sidorova bought an apartment for 3.8 million rubles, but a year later she decided to sell it.
In the contract, she indicated the sale price of the apartment was 1.2 million rubles.
The cadastral value (CV) of housing as of January 1 of the current year is 3.4 million rubles. Since the KS multiplied by a coefficient of 0.7 is 2.38 million rubles, which is higher than the price specified in the contract, the cost of 2.38 million is taken as the tax base.
rub. Sidorova has documents according to which the costs of purchasing the property being sold amounted to 3.8 million.
rub. This amount exceeds the tax base, and having documented expenses, Sidorova has the right not to pay personal income tax on the sale.
When carrying out 2 transactions in one tax period, one person acts as both the Seller and the Buyer. It is not prohibited by law to reflect 2 deductions in the declaration. The document requires an indication of both income received in the reporting year and deductions for it, as well as property tax deductions.
Its advantages and disadvantages
Like any decision, purchasing a temporary car insurance policy has its pros and cons. The benefits primarily relate to the avoidance of unnecessary headaches due to potential clashes with government officials.
As for the shortcomings, they are small and primarily manifest themselves when the distillation is supposed to be over an extremely short distance.
The main advantages of transit insurance, which may prompt you to acquire it, are the following:
- The car owner is spared the need to explain to traffic police officers if they require the presentation of the policy. Instead of a potentially lengthy dispute with the inspector, he may simply show the temporary insurance.
- Also, the car owner will be freed from the danger of paying for car repairs out of his own pocket in the event of an accident. The fact is that before purchasing a compulsory motor liability insurance policy, even during the period permitted by law, in the event of an accident, the driver bears all financial responsibility independently.
There is only one downside to a temporary policy, but for some it may be significant - you will have to spend additional money on it.
Therefore, it is worth weighing whether you really need to buy it. In the case of driving a car over a long distance, the arguments in favor are really significant, but if we are talking about a distance of a couple of kilometers, then insurance turns into a dubious expense.
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The process of selling a private home is in many ways similar to selling an apartment. However, finding a buyer for an apartment is usually easier, and there are a number of mistakes that can hinder the quick sale of the house. We tell you what you should pay attention to and what you should not allow in order to quickly and profitably sell a private house.
- What mistakes exist when selling a private home.
- Why is it important to take into account the availability of land?
- Why you shouldn’t increase or decrease the price before purchasing.
- Why is it better to start selling a house in the spring?
- What you should and shouldn’t write in a sales ad.
Mistake 1. Trying to sell a house without registering the land
According to the Land Code of the Russian Federation, a house is an object firmly connected with a land plot, which means it must follow the fate of the land plot (clause 5, clause 1, art.
1 Land Code of the Russian Federation). That is, it is impossible to sell a plot without a house located on it if they belong to the same person.
When selling a house, the buyer acquires the right to use part of the land plot on which the house is built (Article 35 of the Land Code of the Russian Federation).
This means that when preparing for the transaction, you will have to collect two sets of documents - separately for the house and for the land plot.
Expert opinion
Musikhin Viktor Stanislavovich
Lawyer with 10 years of experience. Specialization: civil law. Member of the Bar Association.
If for one reason or another you do not have documents for the land, you need to obtain them, that is, the land must be registered as ownership (for example, privatized or purchased) or officially leased. Without documents for the land, it will not be possible to complete the transaction.
If the land is leased, you can sell the house, but according to a slightly different procedure: together with the house purchase and sale agreement, you must draw up an agreement for the assignment of the land lease right and register the transfer of the lease right in Rosreestr.
Read detailed instructions on how to sell a house with land on ask.dom.rf
Mistake 2. Excessively inflating or underestimating the price
To sell a house quickly, you need to correctly assess its value. There are two approaches here: cost-based and comparative.
The first option involves determining the costs of purchasing the same plot of land and building a similar house. Also, when selling a house, many estimate its value based on their own costs of purchasing and repairing it, landscaping the site, installing a new fence, etc.
This is a mistake, since these amounts may not be comparable - especially taking into account inflation and wear and tear on repairs and the house.
In the second option, you compare your home to similar ones for sale and determine its market value. The more comparisons, the more accurate the result.
When comparing your home to similar ones, consider the following:
- location of the house;
- materials from which the house is made;
- possibility of year-round living;
- condition of the access road;
- availability of gas, electricity, water wells, autonomous sewage system (septic tank);
- type of land plot - individual housing construction (individual housing construction - you can register in such a house, and the surrounding infrastructure is monitored by the administration) or SNT (gardening non-profit partnership, you cannot register in the house, and the entire infrastructure is maintained at the expense of the members of the partnership); houses with plots in SNT are usually cheaper;
- ecological situation in the area.
Additionally, the speed at which a home sells depends on activity in the market. If there are a lot of transactions on it, that is, it is not during periods of crisis or economic downturn, and you are unable to sell the house within a month, it may be overpriced.
During periods of low activity in the real estate market, this period may be six months. If the house isn't selling, try lowering the price.
If this does not help, many realtors advise removing the ad from sales sites for a while, and after some time updating it and trying again.
Mistake 3. Contact unscrupulous realtors
If you decide to contact a real estate agency for help in selling a house, check what the advertisements look like and clearly state in the contract with the realtor all the conditions and cost of its services. There are cases when agencies add a considerable amount to your price for a house - and put it in the ad in order to take the difference without your knowledge.
As a rule, it is even more difficult to find buyers at an inflated price than without the participation of an agency.
Another mistake is trying to cooperate with several real estate agencies at once. In this case, advertisements on popular sites for selling houses may be duplicated, and this causes distrust among potential buyers.
Mistake 4. Starting to sell a house in winter
During the cold season, the demand for country houses decreases. Start selling in spring or fall. People typically look for homes in the spring and summer, so it's best to list it in March and expect it to take 2 to 6 months.
If you still haven’t managed to sell your house during the season, it’s better to take it off the market altogether and remove ads until next spring.
Error 5. Incorrectly composed ad
Your listing is the first impression potential buyers have of a home, so you need to put your heart and creativity into it. Take high-quality photographs, shoot a video and write an honest and most informative text.
Photographs will help create a favorable impression of your home. Treat this responsibly: invite a photographer if you yourself don’t understand how to choose the winning angle.
The order of the pictures you post in your ad is also important. Place the pictures as if a person is walking around the house and then entering it - and looking at everything sequentially.
If possible, add video footage.
Also pay attention to the fact that your March ad does not include green lawns and spreading bushes, and, on the contrary, a summer cottage with a garden should not be photographed in winter. The ad must be seasonal.
The ad text should list all the main advantages of the house. In particular, buyers pay attention to the possibility of year-round access and living in the house, the availability of gas, electricity, the size of the plot, and the distance from large populated areas.
Indicate that you are the owner of the property; As a rule, people are more willing to buy real estate without intermediaries.
Make the headline as specific as possible, for example: “House for year-round use, 90 m2, gas, well, plot of 15 acres, 15 minutes from the Balabanovo railway station.” And in the text itself, proceed to the details: “Warm brick house, 2 floors, 6 rooms, heated garage, bathhouse, pond on the site and a fish as a gift.”
If the house has flaws, it is better to write about them right away in the text of the ad - in this case, the buyer will not be disappointed when he comes to look at the house.
If you are interested in your home, try to find out from the potential buyer why he needs the house, and when showing, focus on what he might like. If the buyer dreams of his own vegetable garden, pay attention to the fact that there is fertile land on the plot; if he dreams of a quiet corner where he can take a break from the noise of the city, show the nature around.
Error 6. Deferred transaction without a preliminary agreement
If the buyer liked your home and you agreed on a deal, but it will be completed later, you must conclude a preliminary purchase and sale agreement. It is important that this agreement records all the main agreements and the period within which the main agreement must be concluded.
Expert opinion
Musikhin Viktor Stanislavovich
Lawyer with 10 years of experience. Specialization: civil law. Member of the Bar Association.
A pre-contract guarantees the buyer that you will not sell the house to other people before it expires, and it allows you, as the seller, to avoid a situation in which the buyer backs out of the deal months later and you lose valuable time.
All members of a family that purchased or built a house using funds from the mother's certificate have equal rights to a proportionate share in this property. However, children, including those born and after purchasing a home, have special rights that create a number of obstacles during the sale.
Below I talk in detail about how you can sell a house bought with maternity capital and what you need for this.
- Deposit into the account an amount equal to the cost of the house share for each child;
- Obtain permission to sell the house from the guardianship authorities;
- Register the sale of a house in Rosreestr.
Checking the car's history
By the time you buy a car, you should have checked its history at least twice: at the first inspection and before finalizing the transaction. If you have not done this yet, then you need to urgently correct the situation. Even if you have a purchase and sale agreement and a receipt for payment, you will not be able to register the car with the traffic police and legally drive it if restrictions on registration actions are imposed on it, it is on lease, wanted or has been disposed of.
Alexander Gusev, auto lawyer: “Buyers of used cars usually face legal problems. Despite this, buyers of new cars are not immune from encountering scammers. Under the guise of a new car with zero mileage, “gray” car dealerships can sell a car as collateral after an accident or theft. Therefore, I advise checking both used and new cars for legal purity.”
You can check your car's history from home on the website. The service collects information about the legal and technical condition of the car from 16 databases (state traffic police database, Federal Tax Service, Federal Customs Service, collateral register, banks, insurance companies, taxi registers, etc.). You can check the car by VIN or license plate number. In the screenshot below you can see what a report with auto history looks like. Follow the link to see an example of a full report.
The cost of the report is 349 rubles. In addition to legal nuances, the report will show the history of accidents, calculations of repair work, mileage history, service history and technical inspections.
If you are satisfied with the car and you decide to buy, before concluding a purchase and sale agreement, we advise you to check the owner of the car through a special service. It is possible that enforcement proceedings have been initiated against the owner, which could lead to traffic police restrictions.
From the report on the car owner, you will find out whether he has problems with the law, whether his passport is valid, whether there are debts and enforcement proceedings. View an example report
There may be a situation in which the bailiffs sent documents to seize the car to the traffic police, but at the time of the transaction the traffic police did not have time to receive these documents or enter data on restrictions into the database. The buyer takes a legally clean car, and the next day the vehicle has restrictions. Until the old owner pays off the debts, the new owner will not be able to register the car with the traffic police.
Also read: All about traffic police restrictions
Conditions for sale
All operations for the sale of a house purchased with maternity capital require permission from the guardianship authorities, who carefully check the situation. Improving housing conditions using maternal capital provides a number of opportunities and advantages, but also imposes serious restrictions, both at the stage of acquisition and construction, and at the stage of further disposal of property.
When directing maternity capital to purchase housing, the main requirement of the state is to allocate shares to spouses and children. To alienate a house in the event of a sale, the guardianship authorities (CBO) issue a permit for sale after documentary confirmation that the rights of minor owners will be respected, namely:
- they will retain their shares of rights in the purchased housing;
- the new housing will be at least equivalent in size.
Thus, the conditions for selling the house are as follows:
- The transaction can only take place with the written consent of the PLO;
- The family will not worsen living conditions and will preserve the property rights of minors.
Method No. 1
Minor homeowners, having received different shares in another house or apartment, will, at a minimum, not worsen their previous living conditions.
Such conditions arise if the alienation and acquisition of housing occur simultaneously. In this case, the housing purchase agreement specifies in advance the share that is due to the children.
The application for permission to sell housing from the PLO may be accompanied by a notarial obligation to allocate shares to minors in the newly purchased housing. The received permission from the PLO gives the right to alienate it at any time.
Allocation of shares after sale
If maternal capital must be used in full or in part to pay off mortgage obligations, then parents are required to provide notarial undertakings to the OOP that the children will receive shares in the purchased housing within 6 months after the removal of encumbrances.
Thus, there are no restrictions on transactions for the sale of housing purchased with the participation of maternity capital, and the only criterion for the legality of such transactions is the written permission of the PLO. Permission from the public educational organization will be obtained without allocating shares to children when providing them with housing: in a purchased house or apartment to replace the alienated one; in housing available to parents or close relatives.
General provisions on terms of sale
How long should an apartment be owned before selling? It depends on who the previous owner was:
- 3 years if the property was received from a close relative;
- 5 years if the property was received from a distant relative or stranger.
It also matters how the current owner became the owner of the apartment. He could receive it as a gift, inherit it, buy it - in this case the rule of kinship applies. If the property was acquired as a result of privatization or under a lifelong maintenance agreement with rent, then the period is 3 years.
The law on such a temporary framework was adopted in 2021. Before this, the maximum period that the owner had to wait was 3 years and did not depend on family relations with the previous owner. Consequently, if a citizen purchased housing before 2016, the old conditions apply to its sale.
Taxes after selling an apartment
The buyer does not have to pay taxes, because he spends his own money to buy an apartment, and does not receive benefits. Personal income tax is paid by the seller on the profit from the sale.
Sellers are exempt from personal income tax if the period of ownership of the sold apartment exceeded 3 years, and it was received as a result of one of the following transactions:
- Inheritance or donation.
- Privatization.
- An annuity agreement with lifelong maintenance and dependency.
In other cases, the minimum tenure is 5 years. If the seller is exempt from personal income tax, he only needs to submit a 3-NDFL declaration to the tax service before April 30 of the year following the date of the transaction. If no tax exemption is due, it must be paid by July 15th.
If housing was purchased with maternity capital
Does the temporary period condition apply to housing purchased with maternity capital funds? Social benefits are not subject to taxes, but this does not mean that the seller is exempt from personal income tax. The purchase and sale transaction will take place according to general conditions, and parents will have to wait at least 3 years from the date of purchase of the living space.
These are not the only difficulties parents will face. Since the apartment was purchased with maternity capital funds, the child is its co-owner and is registered in it. Transactions with real estate to which a minor is involved must occur under the control of the guardianship and trusteeship authorities.
To sell a home, parents will need to apply to the local administration and guardianship authorities to issue permission for the transaction. Without such permission, the contract is considered invalid.
Expert opinion
Musikhin Viktor Stanislavovich
Lawyer with 10 years of experience. Specialization: civil law. Member of the Bar Association.
If the buyer and seller manage to agree and transfer funds, the Rosreestr employee will refuse to register the property in the name of the new owner if he cannot provide permission from the guardianship authority.
Who is exempt from paying tax when selling a purchased home?
How to avoid paying tax or at least reduce it? You can reduce your personal income tax by taking advantage of one of the government benefits:
- Tax deduction. Tax is imposed on amounts over 1 million rubles. Therefore, it is necessary to deduct 1 million rubles. and pay income taxes on the balance.
- Expense deduction. The owner of the apartment can deduct the costs of purchasing the apartment from the amount of income.
For example, he bought a house for 4 million rubles and sold it for 2 million rubles. - in this case, only half of the original cost of the apartment is taxed. You can take into account the costs of repairs and redevelopment of real estate, but they will need to be documented by the tax office.
Is it possible not to pay tax at all? Possible options:
- the property was sold for less than 1 million rubles;
- the costs of purchasing an apartment exceed the income from its sale;
- the owner has owned the living space for more than 3 or 5 years.
It is impossible to take advantage of two deductions at the same time - both tax and expense. Also, you should not artificially lower the value of real estate and sell it for less than 1 million.
rub., having received the rest of the money from the buyer bypassing the contract. To prevent fraud and evasion of personal income tax, the cadastral value of real estate is taxed, not the market value.
It is impossible to avoid paying tax without breaking the law.
Circumstances often arise that require you to sell a newly purchased apartment.
Sometimes citizens invest free money in real estate for subsequent resale.
Such actions are not prohibited by law, but in this case, home sellers are subject to some restrictions. Read more about this in this article.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to find out how to solve your particular problem, please contact the online consultant form on the right. It's fast and free!
How long does it take to start managing real estate after purchasing it? Is it possible right away and when is the best time?
After the parties sign the purchase and sale agreement (SPA), on the basis of Article 549 of the Civil Code of the Russian Federation, the transaction is considered completed. But this does not yet provide grounds for the disposal of acquired real estate, since, according to the provisions of Article 131, paragraph.
1 of Article 551, paragraph 2 of Article 558 of the Civil Code of the Russian Federation and Federal Law No. 218-FZ of July 13, 2015, the agreement acquires legal force only after registration.
After it is completed, the buyer will receive:
- agreement with a note on registration of the transaction;
- extract from the Unified State Register of Real Estate.
This moment is considered the buyer’s official entry into ownership of the purchased object. He receives the right to dispose of the apartment, including selling it. Accordingly, he can draw up a new contract with the buyer of the apartment on the same day.
The time frame for registering a transaction can be reduced to 10 days if the parties contact the MFC at the same time , and a notarized agreement will be registered after 3 days.
If, having bought an apartment, the person who has taken ownership rights intends to immediately sell it, then he should consistently perform the same actions that he just performed when buying an apartment, but now from the position of a seller. At the same time, he has a new obligation - to pay personal income tax for the sale of recently purchased residential premises.
You may be interested in the following articles:
Federal Law “On Compulsory Motor Liability Insurance”
Federal Law “On compulsory civil liability insurance of vehicle owners”, Chapter 2, Article 4, paragraph 2:
2. When the right to own a vehicle arises (acquiring ownership of it, receiving it for economic or operational management, etc.), the owner of the vehicle is obliged to insure his civil liability before registering the vehicle, but no later than ten days after the right to own it arises.
Thus, the driver is given 10 days .
The procedure for paying personal income tax according to current legislation
Based on Federal Law No. 382-FZ “On Amendments to Parts One and Two of the Tax Code of the Russian Federation”, adopted on November 29, 2014, sellers are taxed if the objects:
- They were in their ownership for at least three years, but provided that the ownership of them arose before January 1, 2016.
- Owned for at least five years, if ownership arose after 01.16.
In the first case, the tax on the sale of real estate for citizens who purchased it before the beginning of 2021 does not need to be paid in the current year, 2021, since 3 years have passed. Accordingly, they can carry out transactions without taxation of objects.
In the second case, when registering property rights from the beginning of 2021, citizens fall under the rules of changes in tax legislation that have entered into force . This means that the withholding of personal income tax in the case of the sale of apartments and other real estate is relevant for them until January 2021.