Documents for obtaining a mortgage interest deduction. Obtaining a tax deduction when buying an apartment on a mortgage
Mortgage interest deduction is provided as part of the property deduction at.
The essence of this benefit consists in the return to the citizen of a part of the funds spent by him on repayment of interest on a housing loan. At the same time, the citizen will receive only 13% of the total amount of the overpayment on the loan for the year.
For example, in 2017, the mortgage interest overpayment was 200,000 rubles. It will be possible to return 13% of this amount to your hands - RUB 26,000
A deduction for interest on a loan can be obtained both within the framework of the main property deduction, and separately from it.
Conditions for obtaining an interest deduction
- Accommodation in the Russian Federation in the year for which the deduction is claimed is more than 183 days.
- Receiving in the reporting period (in the year for which the benefit is declared) income taxed with personal income tax at a rate of 13%.
What costs can be reimbursed as part of the mortgage deduction?
- When paying off interest on a loan.
- When refinancing the original loan.
Deduction amount
When determining the maximum amount of deduction, the moment of concluding a loan agreement is of key importance.
The contract was concluded until 2014
Deduction amount is not limited.
The contract was concluded after 2014
Maximum size deduction is RUB 3,000,000.
Please note that when determining the amount of the deduction, only date of conclusion of the loan agreement... In this case, it does not matter when the ownership of the object was formalized or the act of acceptance and transfer of housing was concluded. The Ministry of Finance adheres to a similar position in its letter dated 09.08.2013 No. 03-04-05 / 32336.
Examples of calculating mortgage deduction
Example No. 1. The mortgage was issued after 2014
Egorova A.P. in 2017, I bought an apartment on a mortgage worth 5,500,000 rubles. at 13% per annum for 15 years. total amount overpayments for specified period will amount to 10,725,000 rubles. Since the loan was taken after 2014, the amount of the deduction will be limited and amount to only 3,000,000 rubles. from 10,725,000 rubles. The total amount of interest deduction that Egorova can return to her hands will be equal to RUB 390,000
Example No. 2. The mortgage was issued before 2014
Features of obtaining a deduction
Interest deduction can be claimed separately from the main deduction
If the loan agreement was concluded before January 1, 2014, the deduction for the mortgage interest paid can only be claimed as part of the main deduction.
Eliseev P.N. in 2013 he bought an apartment on a mortgage, before that he had already received tax deduction for an apartment purchased at their own expense. Since the apartment was purchased before 2014, Eliseev will not be able to receive a deduction only in interest, due to the fact that a separate provision of it old edition The Tax Code of the Russian Federation was not provided for.
If the mortgage is issued after January 2014 interest deduction can be claimed separately.
Shcherbakov N.N. in 2017 I bought an apartment on a mortgage. Previously, he already received the main deduction when buying a home without attracting credit funds... Since the apartment was purchased after 2014, Shcherbakov will be able to claim a deduction for mortgage interest, despite the fact that he received the main deduction earlier.
At the same time, if before 2014 the interest deduction was received as part of the main one, it will not work to re-declare it after 2014.
The remainder of the deduction is not transferable
Unlike the main property deduction, in which it is possible to carry over the remainder of the benefit when buying another property, in the case of a credit deduction it is impossible. Unused balance burns out.
A deduction is provided only for the interest paid
At the conclusion of the agreement, the borrower pays the principal debt +% on the loan. The deduction, in this case, is provided only in relation to the interest on the loan. There is no deduction for the costs of repayment of the main body of the loan.
The exemption is provided only in relation to the actually paid interest
Only those expenses that have been incurred can be reimbursed. You cannot immediately return the entire amount of the overpayment of interest for the entire loan period. The deduction is calculated only based on the amount of interest paid for a year (several years).
The interest deduction can be started to be received only after the entitlement to the main deduction has arisen
Vlasova N.I. in 2010 entered into a mortgage agreement for the purchase of a new building. Due to the protracted construction time, the house was commissioned and the acceptance certificate was signed only in 2017. Vlasova will be able to apply to the tax authority minus both the principal and the interest only in 2018.
Interest deduction can be obtained only when concluding a targeted loan taken for the purchase of housing
For other loans, for example, consumer loans, taken from the employer, it will not be possible to receive a deduction. A similar rule applies to loan refinancing. If in loan agreement not stated that new loan is taken for the purpose of repaying the old, taken for the purchase of housing, it will not be possible to get a deduction for a new loan.
If the cost of the loan exceeds the cost of the home, then a deduction will be provided for the interest attributable to the basic cost of the home.
If a citizen has taken out a loan that exceeds the cost of housing, then it will be necessary to calculate exactly how much interest falls on the payment of the cost of the apartment (Letter of the Federal Tax Service for Moscow dated April 23, 2012 No. 20-14 / [email protected]).
If the remaining loan amount from the cost of housing was spent on repair and decoration, you will not have to divide the interest
In this case, the need to finish housing should be spelled out in the contract for the purchase of real estate (Letter of the Ministry of Finance of the Russian Federation dated March 25, 2011 No. 03-04-05 / 9-190).
Similar conditions apply to maternity capital... Only the amount of interest attributable to own or borrowed funds is subject to reimbursement.
If the apartment is purchased on a mortgage in marriage, both spouses will be able to receive a mortgage deduction
If the housing was purchased by the spouses in marriage, it will be necessary to attach:
- Loan agreement and additional agreements to it (if any).
- Mortgage repayment schedule.
- Documents confirming the payment of interest on a mortgage (for example, an extract from a current account).
Term for receiving a deduction
When applying through the tax authority, the period from the date of submission of documents to the tax authority and until the receipt of money is on average about 4 months: 3 of which are assigned to office check documents and declarations and a month for the transfer of funds by the Federal Treasury.
When applying through an employer, the period for checking documents and issuing confirmation for the right to receive a deduction is 1 month.
The deduction is due to the person who has drawn up the mortgage agreement. If this is housing that is acquired after marriage, then the spouse can receive a deduction, since this property is already joint. In the case of fractional ownership, the amount that can be returned is distributed according to the size of each owner's share. When an apartment or a house is bought by parents for minor children, even if the ownership is registered in the latter, but the payments will be made by the parents, the latter can obtain a refund for a part of the interest at the expense of their income tax.
Foreigners who work in our country and pay tax on their income here can also claim a deduction.
In what case is it possible to partially return the interest paid on the mortgage?
In order to return the interest paid to the bank upon receipt mortgage loan, the following conditions must be met:
- income must be official, since the state is ready to partially refund taxes only from those incomes that are indicated in the official tax return;
- the amount that can be returned must not exceed overall size taxes paid by you to the state. For example, you paid the bank 2 million rubles of interest and intend to return 13% of this amount - 260 thousand rubles. However, if during the specified period you paid the state only 200 thousand rubles of personal income tax, then you can only claim a refund of this amount. To receive the remaining 60 thousand rubles, you will have to contact the tax office later, when you transfer the required corresponding amount of personal income tax to the state;
- the mortgage loan agreement must indicate the purpose of obtaining and register a specific real estate object, for the acquisition of which money is given;
- the borrower should not have tax debts to the state;
- the person receiving the deduction cannot be a pensioner without work or a woman on maternity leave or leave provided for caring for a child (after going to work, she will be able to refund personal income tax from interest on a mortgage).
Another condition for obtaining a deduction from interest on a mortgage is that such a right can be exercised only once.
How can a deduction be obtained?
Refund of income tax on mortgage interest is carried out in the following ways:
- receive the amount to be returned from the tax at the end of the year in which the interest was transferred or at the beginning of the next;
- throughout the year, deduct the amount of interest from the base for calculating personal income tax.
In the first case, at the time of the submission of the income tax return for the last year (or after the employee's employer reports for the employee), the tax service is provided with all the papers confirming the conclusion of the mortgage loan agreement and the transfer of a certain amount of interest last year. After checking the information provided, the IFTS will transfer the entire amount due to the refund to the account of the recipient of the deduction, the details of which must be left along with the rest of the documents.
The second option is to provide documents on the paid interest on the mortgage to the employer. He will reduce the amount of wages that he calculates during the year by the amount of interest paid. Thus, the amount of personal income tax, which will be withheld from wages, will decrease, and the amount of earnings that the employee will receive in his hands or into a bank account during the year will increase.
What is the maximum deduction amount?
According to current legislation, the maximum size of the base for calculating the deduction for paid interest is 3 million rubles. That is, you can apply for a mortgage interest return of no more than 390 thousand rubles - 13% of 3 million rubles. If the interest on the loan exceeds this amount, then it will not be possible to return the remaining amount.
If the interest on the loan is a smaller amount, and then another loan is taken to buy the same housing, then only the amounts paid under the first mortgage agreement can be refunded.
It is important to remember that the amount of the resulting refund should not be more than the tax due from the entire salary. For example, if the amount of interest transferred on the mortgage for the year is 100 thousand rubles, then the amount to be returned will be 13 thousand rubles. Moreover, if during the calculation period you paid the state only 10 thousand rubles in taxes, then the amount of interest to be returned will be the same. The remaining 3 thousand rubles of deduction will be carried over to the next year. Hence the simple conclusion: the less the official wage from the recipient of the deduction, the longer it will take to return the mortgage interest.
How long does it take to get your mortgage interest tax deduction?
The number of years during which this deduction can be received is not limited by law. That is, if the loan has already been paid in full, together with interest, and payments have not yet been completed on the return of the mortgage interest, then the deduction can be continued. The return of 13 percent on mortgage interest will continue until the amount to be transferred to the applicant reaches 390,000 rubles. At the same time, it is impossible to return more than the maximum amount established by law for mortgage interest.
What is the procedure for obtaining a mortgage interest deduction?
The law allows you to apply for a refund of mortgage interest in a period not exceeding three years after the final purchase of the home.
To get a tax refund, you need to do the following:
- prepare papers and their photocopies, which confirm the fact of concluding a transaction on the acquisition of housing, an agreement with a bank on a mortgage, documents on payment of interest on a mortgage;
- all collected papers submit to the IFTS to obtain a positive decision on the provision of a deduction;
- choose the method of making a tax refund - through the employer or the Federal Tax Service Inspectorate, in the latter case, provide the details of your bank account to the tax inspector.
The list of documents that are submitted to the inspectorate, in most cases, is as follows:
- the passport of the person who applied for a refund for the payment of interest on the mortgage;
- 2-NDFL certificate issued at work (if he is employed somewhere and does not work independently (income in this case is reflected in the 3-NDFL declaration));
- 3-NDFL declaration - it is filled in by the applicant himself, it indicates all income and amounts subject to deduction, tax amounts, the required refund based on the results of calculations;
- papers certifying the right to deduction: agreements with a bank, with a seller, acts of acceptance and transfer of the purchased object, payment orders, receipts, other documents on the transfer of interest on a mortgage;
- account details, if the money will be returned through the inspection.
The presence of a complete package of documents increases the chances of a quick resolution of the issue in the tax office.
Today we have to find out what constitutes a tax deduction on interest on a mortgage. When does a citizen have the right to carry out this operation? What does the mentioned procedure imply in general? How long does it take to complete the task in general? And what is generally called a mortgage tax deduction? The answers to all these questions will be given below. Having understood all the features of the operation, you can easily issue a deduction.
The deduction is ...
First you have to understand what procedure we are talking about. What is called a tax-type deduction? To what extent is this or that citizen entitled to it?
A tax-type deduction is a procedure for obtaining a refund of a part Money that a person has spent on an operation or transaction. Today in Russia you can get a refund for:
- purchase of real estate;
- mortgage;
- treatment (including teeth);
- education.
These are the most common cases. The tax deduction when buying a mortgage is now issued by many citizens. Therefore, it needs to be given special importance. After all, a mortgage in itself is a complex procedure.
Deduction amount
To what extent is it allowed to return part of the money spent? Tax deductions involve transferring to a citizen 13% of the transaction value. This does not at all mean the complete absence of any restrictions on this score. Maximum deduction amounts also apply.
In the case of a mortgage, you can return:
- main deduction - up to 260,000 rubles (from the amount of 2,000,000 rubles);
- interest deduction for a mortgage - maximum 390 thousand rubles;
- when registering real estate in marriage - up to 520,000 rubles as the main deduction for both spouses.
Accordingly, the amount of the required funds varies. Most often, it is recommended to rely on the first two points. They are most common in Russia.
Who has the right
A mortgage interest tax deduction is not as difficult as it sounds. In fact, this process should not cause difficulties for conscientious citizens. Not all people can get their money back through the tax office. There are a number of restrictions on this.
So, the registration of a tax deduction is possible if:
- the citizen has official employment;
- the recipient of the deduction transfers personal income tax in the amount of 13%.
At the same time, foreign citizens working within the Russian Federation under an employment contract for more than 183 days and transferring personal income tax tax also have the right to draw up the relevant papers.
What should entrepreneurs do? Tax deduction on interest on mortgages is not allowed for those who apply a simplified taxation system, "imputation" or use a patent to legalize their activities.
About interest refund
One cannot ignore such a feature as obtaining a deduction for mortgage interest. As you can already see, citizens have the right to a refund not only for the purchase of housing, but also for additional expenses associated with its acquisition.
Important: the tax deduction for mortgage interest is issued after the main deduction under the contract for the purchase of housing. The maximum, thus, you can return up to 390,000 rubles.
Another feature is that the right to draw up a deduction for interest from a citizen appears from the moment they are actually paid. All this is due to the need to confirm the costs.
If, in a particular reporting tax period, a citizen paid interest on a mortgage with the help of subsidies, a deduction for this amount is not issued. What other information should every citizen be familiar with?
Procedure for receiving money
Property tax deduction for mortgage interest, like the main refund for a mortgage agreement, is made out without much difficulty.
The order of the process is reduced to the following algorithm:
- Mortgage registration. That is, you must have a reason for the procedure.
- Actual payment of interest on mortgage agreement... All evidence of this process must be preserved without fail.
- Collection of documents for registration of a deduction. We will talk about them a little later.
- Submission of an application in the established form for receiving funds for a mortgage agreement and interest paid on it.
- Waiting for a response from the tax authority. If the process is approved, you can wait for the transfer allocated money at the expense of the citizen. In case of refusal, it is proposed to eliminate the cause of disapproval within 30 days without re-applying for the deduction.
This process is not the fastest. On average, the tax authorities consider applications for a refund within 2 months. And it takes about 1.5-2 months to transfer finances to the recipient's account.
How long can I get my money back?
Looking for a tax deduction on your mortgage interest? The limitation period for this operation has long been set at legislative level... Citizens have the right to receive part of the money spent over the past 3 years. In this case, real estate can be purchased earlier than this period.
For pensioners, the deduction is granted longer. They have the right to formalize the procedure based on the results of the last 4 years. There are no more significant restrictions and features.
On the timing of the acquisition of real estate
Another small feature is the term for acquiring a home on a mortgage. Not all real estate in 2017 provides for a refund for interest on a mortgage agreement.
In fact, it is not that difficult to understand the limitations. A tax deduction for mortgage interest is due to all citizens who have drawn up a mortgage agreement before January 1, 2017. This is due to the fact that in a given reporting period you can return money (as well as report your income) only for the previous year.
When to apply specifically
Now a little about when it is better to contact the Federal Tax Service with a corresponding request. Some citizens believe that the tax deduction on mortgage interest (for several years or for a year - this is not so important) must be issued before April 30. This is due to the fact that it is at this time that a new tax reporting period.
At the legislative level, nowhere are the exact terms for applying for a refund for a mortgage and interest on it during the year prescribed. This means that you can bring your idea to life at any time of the year.
General documents for the operation
Now a little about the documents required for the implementation of the task. The tax deduction when buying any real estate on a mortgage provides for a certain list of securities. Which ones?
The general list of documents required when applying to the tax authority looks like this:
- identification of all owners involved in the process;
- 2-NDFL certificate for a particular reporting period;
- application for a deduction;
- tax return form 3-NDFL.
These papers are required for any deduction. All of them must be in the original. You will have to make a copy for your passport. It does not require a notary certification.
Additional papers
How is the tax deduction for mortgage interest formalized? The documents required for this operation must be found in any conscientious citizen who has drawn up a mortgage agreement. What needs to be prepared?
The previously proposed list of documents is supplemented by the following papers:
- mortgage agreement;
- documents indicating the payment of mortgage interest;
- debt repayment schedule;
- certificates of actually transferred money (taken from the bank).
Nothing fancy or special. In addition, each citizen must submit the details of the account to which the money will be credited upon approval of the operation.
Related papers
But that's not all. Property tax deduction for mortgage interest, like the basic refund for the purchase of real estate, in some cases requires additional documentation. In practice, such situations are very common. Accordingly, you also need to know about them.
So, a tax deduction from interest on a mortgage in case of shared ownership will be issued only if there is:
- statements for the distribution of the deduction;
- marriage certificates.
If minors are involved in the procedure, then you need:
- documents indicating children's ownership rights to real estate;
- birth certificates.
Of course, if the property is bought by a pensioner, a pension certificate is also required from him. This completes all the paperwork necessary to carry out the operation.
Contracts that allow you to return money for interest
Many citizens are interested in what kind of contracts allow you to issue a tax deduction for paid interest on a mortgage. To answer this question, you just need to carefully study the Tax Code.
It states that it is allowed to return money for actually paid interest not only under a mortgage agreement. Citizens who have taken out any loan or credit for the purchase or construction of housing have the right to conduct the studied procedure.
For example, if a person takes a loan from an employer, and the contract specifies that the money will go to pay interest, you can collect the previously listed documents and contact the tax office. When there is no corresponding record, it is not possible to receive a deduction. Even if the citizen sent a loan for mortgage interest.
Obligation of instant registration and application
All of the above allows us to conclude that the process under study does not require special knowledge. But it still provides for its own characteristics. Do I need to immediately tell the tax authorities that it is planned to receive a tax deduction on mortgage interest? Absolutely not. You can declare this after exhausting the main property deduction.
Is it necessary to submit documents annually for the provision of certain funds? In fact, this operation, as already mentioned, has a limitation period of 3 years. Accordingly, with small percentages, it is more expedient to wait and then come with a statement of the established form for all 36 months. However, there are no precise indications on this matter. If a citizen wants, he can annually submit documents for registration of the studied operation.
Example
Now a little about the studied process by examples. They will help you understand the principle of calculating certain funds as deductions. As you could already understand, the operation does not require any special knowledge. And the amount of money that is proposed to be returned is 13% of the spent.
How is the mortgage interest tax deduction calculated? An example of this operation can be considered in the following situation:
In 2014, a citizen took a mortgage from the bank in the amount of 2 million rubles for the purchase of an apartment, which costs 2,500,000 rubles. The certificate of registration of property rights was also issued in 2014. In 2015, a citizen submits a 3-NDFL declaration and an application for the provision of the main property deduction. At the same time, he will be able to receive 260,000 rubles as much as possible, despite the fact that the property cost 2.5 million. Additionally, the citizen receives a second tax deduction. The return of interest on the mortgage in this situation will be 13% of the additional money spent. The exact amount will depend on the terms of the contract.
Military mortgage
Special attention should be paid to such a transaction as military mortgage... Is it possible to get a tax deduction from it? Interest on mortgage or main property? What features of the operation will have to be taken into account in this or that case?
Despite the fact that a military mortgage involves assistance in purchasing housing, a citizen will still be able to claim 13% of the expenses incurred for buying an apartment.
Nevertheless, the right to the studied procedure for a soldier appears only when he has made a part personal money for a mortgage. If the property was purchased only with public funds, no refunds are allowed.
Limits on the amount due to the military on mortgages and loans remain the same. In 2017, a soldier is limited to only 290,000 rubles for the main deduction and 390,000 rubles for interest. And nothing more.
To make it clear, let's consider a small situation:
The military man buys housing for 6 million rubles. Of them own funds a citizen spends 2 million 100 thousand rubles. The rest of the amount is covered by the state. The interest paid by the citizen for the operation is, say, 1,000,000 rubles. In this case, the main deduction will be 260,000 (since the person gave more than the maximum established by the tax authorities), and the tax deduction from interest on the mortgage (there are no co-borrowers in this situation) will be, as already noted, exactly 13% of additional interest payments ... In our case, this is 130,000 rubles.
It follows from this that the treatment of a serviceman, after deduction, does not have any significant features. This category of citizens simply has more opportunities to purchase housing. And nothing more.
Where to go
For a tax deduction on a mortgage, it was necessary, as noted, to collect a certain list of documents, and then apply for the provision of money in a specific government agency... It could be seen that this request is being processed by the tax authorities at the place of registration of the citizen.
Accordingly, in order to accomplish the task at hand, you will have to apply:
- to the tax office at the place of registration of the recipient;
- at the MFC;
- submit a request through the "Gosuslugi" portal.
In practice, most often people apply directly to the Federal Tax Service for registration. But the portal "Gosuslugi" is also beginning to be in demand.
Submission of documents and applications in order to issue a tax deduction for interest on a mortgage (for several years or not is not so important), as for the main property return, is carried out:
- personally by the recipient;
- by mail.
But through a representative, as a rule, papers are not submitted. If a citizen cannot personally submit an application, he will have to use the mail. At the same time, it is strongly recommended to send a letter with a notification and a list of papers attached to the request. This is the only way to implement the idea as correctly as possible.
Reusability
A few words about the reusability of the process under study. As practice shows, today the majority of citizens have the right to receive a deduction until they have exhausted the established maximum of funds.
In Russia, there are the following features of multiplicity:
- if the mortgage was issued before January 1, 2014, then the tax deduction on interest on the mortgage can be issued only once;
- when it comes about property purchased after the date indicated earlier, a citizen can contact the tax office as many times as he needs.
Accordingly, the majority of families are eligible for multiple deduction applications. The process will not cause any difficulties for a conscientious taxpayer.
Results, conclusions, conclusions
Now it is clear how the tax deduction is drawn up in one case or another. This process does not require any essential knowledge or skills from the citizen. It is enough to remember all the previously listed information. It will help you to bring your idea to life without much difficulty.
However, for a variety of reasons, the tax authorities may refuse to issue and issue a deduction. This rule applies to both the main property return and interest.
Why can a citizen be refused? Causes this phenomenon depend on the situation. In practice, the following cases are most common:
- an incomplete list of documents attached to the application;
- the information offered by the citizen is not true;
- the statute of limitations for drawing up the deduction is missing.
In any case, the citizen will receive a letter with a detailed explanation of the situation. As already noted, the recipient will be given a month to correct the situation.
If a tax deduction (mortgage interest) is approved for a citizen, the application will be accepted, and the funds will go to the specified account in deadlines... Usually the process takes about 1.5 months.
On average, it will take about six months to complete any deduction. Therefore, one should not count on a quick operation. A deduction in Russia is made out without much difficulty, but it requires a certain amount of time. If we take into account all the previously listed features, terms and recommendations, a citizen will be able to understand the topic under study 100%. The person will not need any more information.
When purchasing an apartment on a mortgage, the taxpayer- individual gets the right to a property tax deduction. We will tell you about the procedure for applying a property deduction for a mortgage in our consultation.
Who is eligible for the property tax deduction on a mortgage and how much?
When we talk about a property deduction on a mortgage, we mean:
- deduction in the amount of actual expenses for the purchase of an apartment on the territory of the Russian Federation (subparagraph 3 of paragraph 1 of article 220 of the Tax Code of the Russian Federation);
- deduction in the amount of actual expenses for repayment of interest on a mortgage loan taken for the purchase of an apartment (subparagraph 4 of paragraph 1 of article 220 of the Tax Code of the Russian Federation).
Right to property deduction with a mortgage 2017-2018 has an individual whose income is taxed at a rate of 13% and who acquires an apartment in his own ownership (including joint, share) or in the ownership of his children under 18 years of age (clauses 1, 6 of Art. 220 Tax Code of the Russian Federation). At the same time, speaking about the rate of 13%, we mean the rate provided for in clause 1 of Art. 224 of the Tax Code of the Russian Federation. Indeed, for example, the income of highly qualified foreign specialists (HQS) is also subject to personal income tax at a rate of 13%, but not on the basis of clause 1 of Art. 224 of the Tax Code of the Russian Federation, and in accordance with clause 3 of Art. 224 of the Tax Code of the Russian Federation. Therefore, the property deduction of the HQS is not allowed (Letter of the Ministry of Finance dated October 27, 2017 No. 03-04-05 / 70750).
We also remind you that the property deduction does not apply to income from equity participation in the organization (for dividends), as well as in the form of winnings received by participants in gambling and lottery participants (clause 3 of article 210 of the Tax Code of the Russian Federation).
Property deduction for a mortgage is assumed in the following amount (clauses 3, 4, article 220 of the Tax Code of the Russian Federation):
Property deduction type | Deduction amount, rub. |
---|---|
expenses for the purchase of an apartment | 2 000 000 |
mortgage interest expense | 3 000 000 |
It is important to remember that if a property deduction for an apartment in the amount of 2,000,000 rubles can be used for several real estate objects (say, for an apartment worth 1,800,000 rubles and part of the cost of an apartment in the amount of 200,000 rubles), then a property deduction for interest on a mortgage provided only for one real estate object (clause 8 of article 220 of the Tax Code of the Russian Federation, Letters of the Ministry of Finance dated 21.08.2013 No. 03-04-05 / 34150, dated 14.08.2013 No. 03-04-08 / 32992).
Of course, for a specific calendar year, an individual is entitled to receive a property deduction only within the limits of taxable income. For example, in 2017, an apartment was bought at a cost of 8,000,000 rubles (excluding interest), and the income taxed at a rate of 13%, which can be reduced by deduction, for the same year amounted to 720,000 rubles. Then the property deduction for the year will be provided not in the maximum amount of the deduction, but in the amount of 720,000 rubles. Consequently, personal income tax to be refunded will amount to 93,600 rubles (720,000 rubles * 13%). The remainder of the deduction in the amount of 1,280,000 rubles (2,000,000 rubles - 720,000 rubles) can be carried over to the following years.
And even when the deduction for the cost of acquiring an apartment is used, the interest deduction can continue to be claimed annually, based on the actually paid amounts of interest on the mortgage and until the amount of interest paid exceeds 3,000,000 rubles.
Who to apply for mortgage property deduction?
An individual taxpayer can apply for a property deduction for an apartment (clauses 7, 8, article 220 of the Tax Code of the Russian Federation):
- or to the tax office at the end of the year by submitting;
- or to the employer during the year, but with the preliminary receipt in tax office Notices of the right to deduction in the form approved by Order of the Federal Tax Service dated January 14, 2015 No. ММВ-7-11 / [email protected]
Documents for obtaining a property deduction for a mortgage
If an individual applies for a property deduction to the tax office at the end of the year, then the 3-NDFL declaration must be attached:
- an agreement on the purchase of an apartment (when buying a "secondary housing") or an agreement on participation in shared construction and deed of transfer or another document on the transfer of the object shared construction the developer and his acceptance by the participant of the shared construction, signed by the parties (when purchasing an apartment in a building under construction);
- documents confirming the ownership of the apartment;
- birth certificate of a child - when parents acquire an apartment in the ownership of their children under the age of 18;
- documents confirming the expenses incurred by the taxpayer (receipts for receipts, Bank statements on the transfer of funds from the buyer's account to the seller's account and other documents);
- bank statement on the interest paid on the mortgage;
- 2-NDFL certificate;
The same documents will need to be submitted to the tax office in order to receive the Notice of the Right to Deduction when you subsequently apply for it to the employer.
But when an individual already turns to the employer to get a property deduction for a mortgage, the documents will be as follows:
- Notice issued by the tax office;
Mortgage refinancing and property tax deduction
Obtaining a property deduction when refinancing a mortgage tax legislation not prohibited. This means that regardless of the number of on-lending mortgage loans, the taxpayer retains the right to a property deduction. The main thing is that the mortgage nature of the relationship should be clearly traced in the agreement for refinancing a mortgage or subsequent refinancing of a refinanced mortgage. That is, refinancing agreements should contain references to the original mortgage loan, as well as loans previously provided for the purpose of refinancing it (
All citizens Russian Federation who have taken out a bank loan for an apartment can receive a tax deduction on interest on a mortgage when buying real estate for the entire period during which the mortgage tax was paid. To receive the accrued amount, you must submit documents to the tax office. The legislation allows the receipt of part of the funds if the transaction was made in any state bank RF.
What is property deduction for mortgage interest
The borrower has the right to return the money paid to the state treasury in taxes, or not to pay taxes. At the same time, you can get a refund of part of the taxes, that is, to reduce the amount of income on which the tax is charged. A mortgage interest tax deduction is cash that reduces the amount of income that is taxed. Buying real estate (an apartment or a land plot) using a mortgage loan and paying money on it is one of the cases that gives the right to a property deduction from interest on a mortgage loan.
Basic deduction
Citizens who have taken out a mortgage when buying an apartment are entitled to a refund of interest. The return procedure takes place in accordance with subparagraph three of paragraph 1 of the first article Tax Code RF regulating the tax reporting period and the list required documents... Interest refund - according to the fourth subparagraph. The right to registration is valid if there is a certificate of purchase of housing. The maximum amount that a property deduction of interest on a mortgage can have is two million rubles.
Mortgage interest deduction
A citizen who bought real estate with a mortgage is obliged to pay, in addition to the principal debt for the apartment, a certain amount to the bank every month. Over the entire period of payments, a certain amount of repaid debt is accumulated. The borrower has the right to return at a time 13% of the amount for mortgage interest, but not more than three hundred and ninety thousand rubles. This feature applies to loans issued after 2014. A citizen can receive a mortgage interest deduction once in a lifetime.
The payment of the interest paid to the bank can be carried out at any time and for any period of payment of the mortgage loan for housing. You can get money through your employer or tax office. The choice of the method of obtaining depends on the urgency of the payment and the amount (some employing firms have the right to withhold interest for the provision of intermediary services).
Who is entitled to
The tax office compensates for the money paid by the citizen to the bank with a deduction of interest on the mortgage. It is not necessary to apply for a mortgage interest deduction right away. If the home was purchased using a mortgage, and the citizen has already used the deduction for the purchase costs, a refund can be made later. Reimbursement for deduction of interest on a mortgage is due to all citizens of the Russian Federation who work officially during the entire period of debt repayment.
Where to apply for a tax deduction
A citizen can apply for a mortgage interest deduction to the following organizations:
- public services portal;
- tax inspection at the place of registration;
- any multifunctional center (MFC).
FTS at the place of registration
The tax office at the place of residence carries out any operations related to payments tax interest... The number and address of your FTS can be found on the portal of public services by entering the registration address and TIN number (taxpayer identification number). At the place of registration, you can only submit an application and a 3-NDFL declaration, after which the application will be considered in a short time. If the right to receive payment is confirmed, it will be necessary to convey the rest of the package of documents.
MFC
The Multifunctional Center (MFC) is engaged in the design tax payments on mortgage loans. To receive payment, you must fill out a declaration in accordance with the 3-NDFL form, after the end of the year in which payments began to be made. Multifunctional centers are not geographically tied to citizens, and those who wish to receive interest payments can contact any of them located on the territory of the Russian Federation.
Public services portal
You can get a deduction on interest on a mortgage by submitting an application through the official portal of public services. For this operation, you must register in the system, indicate the data (series, number, registration) of the passport of a citizen of the Russian Federation, SNILS and other documents. After the administration checks the accuracy of the data, the user will be able to submit an electronic package of documents for the return of interest on the mortgage. In addition, on the portal you can find out how to get money from mortgage interest in other organizations.
How to get back interest on a mortgage through the tax
In order to return the amount of interest through the tax office, you must submit the appropriate package of documents there. First of all, you need to calculate and fill out the declaration form. Papers are submitted with the expectation that the money will be returned within three months, counting from the date of submission of the documents. The term for the refund depends on the bank in which the mortgage was issued, the amount of money, and how to get the deduction from the interest on the mortgage (in cash or to a bank account).
Submission of an application in the established form
To register a payment at the tax office, you need to go to the terminal electronic queue select the item "fines, penalties, deductions". The employee in the office indicated on the ticket will issue an application form in accordance with the needs of the citizen (No. 289 / BG-3-04 / 256). After completing the application in accordance with the instructions specified in it, it is handed over to the tax officer, and the applicant is left with a certified copy.
The application is considered within ten working days. After consideration of the application, a notice of a positive or negative decision will be sent to the citizen to the address of registration indicated in the application in the form of a letter or in the form of a text, voice message to the contact phone number. In case of a positive decision, it will be necessary to convey the rest of the package of documents.
Deduction documents
To receive the amount of money, you must submit the following documents:
- statement;
- certificate of the bank where the mortgage loan was received;
- certificate from the place of work;
- documents confirming the right to housing;
- tax return(form 3-NDFL);
- passport (original and copies);
- additional documents indicating shared ownership, such as a marriage certificate (if applicable).
Receiving funds to the account
In order to receive a payment, the application must indicate the full details of the account to which the tax authority will have to transfer funds. Refunds can be made in the following ways:
- pick up money in cash at the bank;
- to a bank account;
- to a debit or credit card account.
Mortgage interest tax refund through employer
Mortgage interest reimbursement Housing loan and the main debt the state can carry out not only through the tax authority (with the calculation of the final annual amount), but also through the employer. In this case, the method of calculating annual payments is used. To use such a scheme, you need to do the following:
- Order in advance from the tax office a certificate (3-ndfl) on the existence of the right to compensation and payment of mortgage.
- Submit a certificate to the accountant at the place of work.
- Receive a lump sum payment in the accounting department within three months from the date of submission of documents.
When can I get a tax deduction
Cash for mortgage interest can be received at any time, but not earlier than one year after the start of payments on the mortgage loan. You can return the money in a lump sum or in annual transfers to the account, depending on the wishes of the citizen. In addition, the payment can be received not for the entire period, but for one or two years of the time the mortgage loan is paid.
Limitation period
Refunds in the form of a tax deduction are not limited by limitation periods, according to the laws of the Russian Federation. A citizen has the right to receive a tax deduction until it is fully applied. Besides, sum of money can be paid for any taxable period... However, the owner of the home can only exercise the right to deduction in the amount that was in effect when the right to this payment appeared.
How the mortgage interest deduction is calculated
The deduction amount reduces the so-called taxable amount from which the citizen was withheld income tax... The recipient can reimburse in the form of refunded taxes 13% of the amount deducted for the reporting period. The amount can be the entire amount of money actually paid, but the amount of payments is limited according to the mortgage loan agreement - three million rubles. Maximum amount tax refundable can refund up to 13% of the amount paid, i.e. if, for example, 100 rubles was paid, the compensation will be 13.
Distribution of tax reimbursement when registering a mortgage by spouses
In case of joint ownership of the purchased real estate by the husband and wife (shared ownership), the main deduction (by real estate and for the payment of interest) is distributed in accordance with the size of the share of each of the owners. The owner has no right to provide his share of the deduction of compensation to another copyright holder. For registration of a deduction upon purchase, the accrued interest on a loan for an apartment in a mortgage is available for each of them. If the husband or wife has already made a refund from tax service on the apartment, another shareholder can receive only half of the deduction.
Refund of personal income tax when refinancing a mortgage loan
A citizen who bought a house using a mortgage and applied to another bank with an application for a one-time refinancing of a mortgage, thereby actually reducing the basic cost of paying the bank interest, can also apply for interest reimbursement in accordance with the first and second agreements. At the same time, the documentation must indicate that the loan was issued for the purpose of refinancing the previous target loan.
With personal life insurance
A mortgage loan in most banks implies that the citizen will insure his health and life. For the entire period of the mortgage loan, a large sum of money is accumulated. Since 2016, Russia has been allowed to return personal income tax when personal insurance life, but there are several requirements for the insurance contract:
- life insurance period from 5 years;
- the insurance policy for the mortgage loan was paid by the borrower himself;
- the borrower is a citizen of the Russian Federation;
- the citizen paid taxes in good faith from his salary.
Who is not eligible for a return on personal income tax on interest on a mortgage
Refuse to provide benefits in the form of a return of part of tax payments for mortgage interest may be if the borrower indicated in the application information that is untrue, or submitted to the authority an incomplete package of documents required for registration. In this case, the tax refund is provided after the submission of all documents and the indication of the correct data. A complete refusal of the Inspectorate of the Federal Tax Service to provide a mortgage deduction for interest occurs under the following circumstances:
- people who work unofficially, that is, without concluding an employment contract with an employer;
- those who are engaged in commercial activities and those who work in the patent system taxation;
- citizens who have become the legal owners of housing purchased by third parties;
- persons who have previously applied for a mortgage deduction for the same object;
- interdependent citizens (purchase of apartments or other housing from relatives).
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