In this section we will provide examples of calculating property tax deductions in different situations.
NOTE:
- A tax deduction is the amount by which the tax base is reduced. At the same time, you can get back 13% of the tax deduction amount.
- Due to the fact that from January 1, 2014, a number of changes were made to the Tax Code, in some cases the features of obtaining a deduction differ depending on whether the housing was purchased before January 1, 2014 or after. For such cases, two separate examples are presented.
Example 1: Buying an apartment
Conditions for purchasing property: In 2021 Ivanov A.A. I bought an apartment for 2 million rubles.
Income and income tax paid: In 2020, Ivanov A.A. earned 50 thousand rubles a month and paid a total of 78 thousand rubles. Personal income tax for the year.
Calculation of deduction: In this case, the amount of property deduction is 2 million rubles, i.e. You can return 260 thousand rubles (2 million rubles x 13%). But for 2021, Ivanov will be able to return only 78 thousand rubles of the income tax he paid, and he will be able to return the remaining 182 thousand rubles in subsequent years.
Example 2: Receiving a deduction by an individual entrepreneur using the simplified tax system
Conditions for purchasing property: In 2021 Petrov P.P. bought an apartment for 3 million rubles.
Income and income tax paid: Petrov P.P. works as an individual entrepreneur under a simplified taxation system and, accordingly, does not pay personal income tax at a rate of 13%.
Calculation of the deduction: The maximum deduction amount per apartment is 2 million rubles. (i.e. you can return up to 2 million rubles x 13% = 260 thousand rubles). But since Petrov P.P. did not pay income tax in 2020, he will not be able to receive a tax deduction for this year.
If Petrov P.P. in the future, if he gets another job where he will pay personal income tax, he will be able to apply for a tax deduction and get back up to 260 thousand rubles.
Social tax deduction
1) A social deduction for education is provided to parents for the education of their children until they reach the age of 24 in full-time education. If a guardian pays for the studies, the period for receiving the payment is until the age of 18. According to Article 219 of the Tax Code of the Russian Federation, a taxpayer has the right to receive a tax deduction for training in the amount of training expenses incurred for the past reporting year. But the amount of the deduction cannot be more than the established tax deduction amount.
The established amount of tax deduction in both cases will be equal to no more than 50,000 rubles for each child in the total amount for both parents.
If you receive a social tax deduction for yourself, then all forms of education are applicable (full-time, part-time, evening, etc.), and the maximum tax deduction amount will be no more than 120,000 rubles.
2) Social deduction for treatment is provided in the amount of actual costs paid by the taxpayer in the tax period for the past year for services provided to the spouse, parents, or children under 18 years of age by medical organizations or individual entrepreneurs who carry out medical activities, as well as from the cost of medicines in accordance with the list of medicines approved by the Government of the Russian Federation. The deduction is provided in the amount of expenses actually incurred, but in total no more than 120,000 rubles in the tax period.
In the case of expensive treatment, the list of which is approved by a decree of the Government of the Russian Federation in medical organizations, for individual entrepreneurs engaged in medical activities, the amount of tax deduction is accepted in the amount of actual expenses incurred, that is, without restrictions
3) Social deduction for donations is provided to charitable organizations, socially oriented non-profit organizations, non-profit organizations operating in the field of science, culture, physical culture, education, etc. The deduction is provided in the amount of expenses actually incurred, but not more than 25% of the amount of income received during the tax period and subject to taxation.
4) A social deduction for financing a future pension is provided to a taxpayer who makes contributions under an agreement to a non-state fund in order to finance his pension and is equal to the amount of actual expenses on insurance contributions in the tax period, but not more than 120 thousand rubles.
Example 3: Buying an apartment with a mortgage
Conditions for purchasing property: In 2021, Ivanov I.I. purchased an apartment for 8 million rubles, of which 6 million rubles were taken out on a mortgage loan. In 2021 Ivanov I.I. paid interest on 100 thousand rubles.
Income and income tax paid: Ivanov I.I. earned 3 million rubles in 2029, from which he paid personal income tax.
Calculation of the deduction: The maximum amount of property deduction when purchasing a home is 2 million rubles. Additionally Ivanov I.I. can receive a tax deduction in the amount of 100 thousand rubles on mortgage interest paid. Total for 2021 Ivanov I.I. will be able to return 2,100,000 rubles. x 13% = 273 thousand rubles. He will be able to return this entire amount at once, because... the personal income tax he paid is more than 273 thousand rubles.
In subsequent years, Ivanov I.I. will only receive a tax deduction on mortgage interest, since he has already received the main deduction for housing. Since the loan agreement was concluded after January 1, 2014, the maximum amount of mortgage interest deduction that he can receive is 3 million rubles. (up to 390 thousand rubles to be returned).
Example 4: Purchase of property by spouses in joint ownership (from January 1, 2014)
Conditions for purchasing property: In 2021, the spouses Vasiliev V.V. and Vasilyeva A.A. purchased an apartment worth 5 million rubles for joint ownership.
Income and income tax paid: For 2020 Vasilyev V.V. earned 2.5 million rubles, and Vasilyeva A.A. 3 million rubles.
Calculation of the deduction: In case of joint ownership, the tax deduction can be redistributed in any shares. At the same time, from January 1, 2014, the deduction limit in the amount of 2 million rubles per housing property was lifted. The Vasilyev spouses can distribute the tax deduction in equal shares (50% to the husband and 50% to the wife), and in 2021 each of them will receive a deduction in the amount of 2 million rubles (maximum deduction amount per person) × 13% = 260 thousand rubles. That is, 520 thousand rubles per family.
Standard tax deduction
Standard tax deductions include:
1) A deduction in the amount of 3,000 rubles for each month of the tax period is provided to the following categories of taxpayers:
- persons who received radiation sickness and other diseases associated with the disaster at the Chernobyl nuclear power plant, or with work to eliminate the consequences of the disaster at the Chernobyl nuclear power plant
- participants in the liquidation of nuclear accidents and nuclear tests
- disabled people of WWII
- disabled military personnel who have become disabled in groups I, II and III due to injury, concussion or injury received in military service, or received as a result of illness during service, etc.
2) A deduction in the amount of 500 rubles for each month of the tax period is provided to the following categories of taxpayers:
- Heroes of the USSR and the Russian Federation
- combatants
- disabled children and disabled people of groups I and II, etc.
3) A deduction for each child in a family under 18 years of age is provided to parents, adoptive parents, and guardians who support the child. The tax deduction is provided monthly, until the moment when the income of the latter, calculated on an accrual basis from the beginning of the tax period, exceeds 350 thousand rubles. This deduction also applies to children over the age of 18 to 24 years who are full-time students, graduate students, residents, cadets or disabled children.
A double deduction is provided for single parents and widows.
From January 1, 2012, the amount of deductions is:
- 1,400 rubles for the first child;
- 1,400 rubles for the second child;
- 3,000 rubles for the third and each subsequent child;
- 3,000 rubles - for each child if a child under the age of 18 is a disabled child, or a full-time student, graduate student, resident, intern, student under the age of 24, if he is a disabled person of group I or II.
Example 5: Purchase of property by spouses in joint ownership (before January 1, 2014)
Conditions for the acquisition of property: In 2013, the spouses Vasiliev V.V. and Vasilyeva A.A. purchased an apartment worth 5 million rubles. into joint ownership.
Income and income tax paid: Vasilyeva A.A. does not work.
Calculation of the deduction: In case of joint ownership, the tax deduction can be redistributed in any shares, but since the housing was purchased before 2014, the maximum deduction amount for both spouses is 2 million rubles. The Vasiliev spouses can distribute 100% of the tax deduction (2 million rubles) to V.V. Vasiliev. Despite the fact that the apartment was purchased in 2013, in 2021 Vasiliev can submit a declaration only for the last three years: 2020, 2021 and 2021.
Example 6: Purchase of property in shared ownership (from January 1, 2014)
Conditions for purchasing property: In 2021 Vasiliev V.V. and Romashkova A.A. purchased an apartment worth 5 million rubles. into common shared ownership (each of them owns ½ of the apartment).
Income and income tax paid: For 2020 Vasilyev V.V. earned 2.5 million rubles, from which he paid income tax. Romashkova A.A. did not work.
Calculation of the deduction: In case of shared ownership, the tax deduction is distributed among the owners in accordance with their shares. At the same time, for housing purchased after January 1, 2014, the limit of 2 million rubles for the entire housing property was lifted .
Based on this and the shares of the owners (50% each), V.V. Vasiliev. and Romashkova A.A can be provided with up to 2 million rubles (maximum deduction amount per person) of property tax deduction.
At the same time, in 2021 Vasiliev will be able to regain 2 million rubles. × 13% = 260 thousand rubles. for 2021, and Romashkova will be able to receive a tax deduction when she gets a job and starts paying personal income tax.
How to save on personal income tax when buying or building housing and when property deduction is not possible
A property deduction is a benefit provided by the state that makes it possible, after purchasing or selling property, to return part of the previously paid personal income tax or reduce its current deductions.
The Tax Code of the Russian Federation provides for four types of property deductions. The size of each of them is limited by the maximum amount:
Find out how the amount of property deduction depends on the type of property being sold and other important nuances of this type of deduction.
A property deduction is not provided if funds from employers or other persons, as well as maternity capital, were used in the purchase or construction of residential real estate (or the acquisition of land for individual housing construction).
You should not count on a deduction even if the purchase and sale transaction of residential real estate was concluded between interdependent persons.
When citizens are recognized as interdependent persons, we tell in this material.
Property deduction is not provided for the sale of securities and certain types of property (for example, real estate used in commercial activities).
Example 7: Purchase of property in shared ownership (before January 1, 2014)
Conditions for the acquisition of property: In 2013, Vasiliev V.V. and Romashkova A.A. purchased an apartment worth 5 million rubles. into common shared ownership (each of them owns ½ of the apartment).
Income and income tax paid: Romashkova A.A. does not work.
Calculation of the deduction: In case of shared ownership, the tax deduction is distributed among the owners in accordance with their shares. At the same time, for housing purchased before January 1, 2014, there is a limit of 2 million rubles for the entire housing property .
Based on this limitation and the shares of the owners (50% each), Vasiliev V.V. and Romashkova A.A can be provided with up to 1 million rubles. property tax deduction. At the same time, in 2021, Vasiliev will be able to file a 3-NDFL declaration and get back 1 million rubles. × 13% = 130 thousand rubles. for 2021, 2021 and 2021.
Romashkova will be able to receive a tax deduction only when she gets a job and starts paying personal income tax. Romashkova does not have the right to refuse a tax deduction in favor of V.V. Vasiliev, as would be possible with joint ownership.
The procedure for providing standard deductions for personal income tax
Standard tax deductions are provided to the taxpayer at his choice by one of the employers based on an application and supporting documents, which include:
- child’s birth certificate - when receiving a deduction for the 3rd and subsequent children, certificates are needed for all the employee’s children, regardless of their age and whether a deduction is provided for them or not (letter of the Ministry of Finance of Russia dated February 10, 2012 No. 03-04 -05/8-146, Federal Tax Service of the Russian Federation dated January 24, 2012 No. ED-4-3/ [email protected] );
- document on adoption, establishment of guardianship;
- certificate of disability;
- certificate from an educational institution.
To learn about what documents are needed to receive a tax deduction for education, read the material “What documents are needed for a tax deduction for education?” .
If an employee does not start work from the beginning of the year, the question arises: is a certificate of his income from his previous place of work required for deduction? Today there are 2 opposing opinions:
- provision of deductions is possible without a certificate from the previous place of work (letter of the Federal Tax Service of Russia dated July 30, 2009 No. 3-5-04 / [email protected] , resolution of the Federal Antimonopoly Service of the North Caucasus District dated April 14, 2010 in case No. A32-19847/2008-33/ 333);
- the employer does not have the right to provide a deduction without such a certificate (resolution of the Federal Antimonopoly Service of the North Caucasus District dated June 17, 2014 in case No. A32-11484/2012).
Therefore, if the employee has income from his previous place of work in the current year, it is advisable to still have a 2-NDFL certificate in order to avoid claims from controllers.
If the employer has not provided the taxpayer with a standard tax deduction, then the latter has the right to receive it from the Federal Tax Service at his place of residence. To do this, at the end of the year you need to submit a personal income tax return and documents confirming your right to deduction. By virtue of clause 7 of Art. 78 of the Tax Code of the Russian Federation, this can be done within 3 years. It is advisable to attach a 2-NDFL certificate to the declaration, which will speed up receipt of the deduction and refund.
For information on how to obtain a certificate, read the article “Where can I get (get) a 2-NDFL certificate?” .
Example 8: Buying an apartment using maternity capital
Conditions for purchasing property: In 2021 Vasilyeva E.E. purchased an apartment for 1.7 million rubles, with 400 thousand rubles. She paid for it using maternity capital funds.
Income and income tax paid: In 2020, Vasilyeva earned 1 million rubles, of which she paid 130 thousand rubles in personal income tax.
Calculation of the deduction: A tax deduction is not provided for the amount of maternity capital, so the deduction amount for Vasilyeva will be 1.7 million rubles. – 400 thousand rubles. = 1.3 million rubles (that is, she can return 1.3 million rubles x 13% = 169 thousand rubles). At the same time, in 2021, Ivanova will be able to return only 130 thousand rubles. paid personal income tax. She will return the remaining 39 thousand rubles in subsequent years.
Who can claim a tax deduction
All citizens of the Russian Federation who receive an official salary, from which 13% tax is paid to the state budget, can take advantage of the tax deduction. In addition to citizens of the Russian Federation, other individuals who are residents and non-residents of the Russian Federation can also take advantage of the right to deduction:
- Residents of the Russian Federation - present on the territory of the state for at least 183 calendar days in 12 months;
- Non-residents of the Russian Federation receiving income from sources located on the territory of the Russian Federation.
Those individuals who do not have income tax withheld from their income are not entitled to claim a tax deduction; these include unemployed citizens of the Russian Federation, pensioners without an official place of work, as well as non-residents of the Russian Federation who do not have a source of income in the country.
Example 9: Property acquired before 2008
Conditions for the acquisition of property: In 2007, Sidorov S.S. I bought an apartment for 2 million rubles, but Sidorov decided to receive a tax deduction for this apartment only in 2021.
Amount of income tax paid: In 2018-2020 Sidorov S.S. earned 360 thousand rubles a year and paid 46 thousand rubles a year in personal income tax.
Calculation of the deduction: For property acquired before 2008, the maximum tax deduction amount is 1 million rubles. Accordingly, the maximum amount that Sidorov can return will be equal to 1 million rubles. x 13% = 130 thousand rubles. According to the law, a tax deduction can be issued for no more than the last 3 years (not earlier than 2021 in our case). Therefore, in 2021 Sidorov S.S. will be able to issue a deduction and return 46 thousand rubles. for 2018, 46 thousand rubles. for 2021 and 38 thousand rubles. for 2021. After which the deduction will be completely exhausted.
If you have not yet purchased a home, we recommend our partner’s site-guide, APARTMENT-Bez-AGENTA.ru. This is an educational site for those who want to understand the rules for buying and selling apartments.
Results
Standard, social and property tax deductions are the most commonly used types of personal income tax deductions.
They are available to individuals receiving income subject to personal income tax at a rate of 13%, subject to certain conditions being met (having children, disabled or veteran status, purchase and sale of property, etc.). Professional and investment deductions are less common and are available to a limited number of people. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
