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New flat Is always a joyful event. And it can become even more joyful when you find out that the state legislates the return of interest on mortgages - having collected the necessary documents, the owner can receive a serious deduction of up to 13 percent. You can get such a deduction either directly in money, or by reducing the taxation of your income by a certain amount.
What is a Mortgage Tax Deduction
Resorting to mortgage to buy real estate, you need to know that you have the option to receive two types of deductions. The main (also called property) deduction will be the same as in the case of a regular home purchase - 13% of the amount paid, with a ceiling of 260 thousand rubles. Along with this, you are entitled to one more deduction - on the interest paid on the loan. It is issued only after receiving property deduction(or the balance of this payment), which is why the sooner you collect the documents and submit them to the tax office, the better it will be for you.
How much can be returned from mortgage interest
Based on Russian legislation, you can expect to be reimbursed 13% of the interest payments on the loan. If your loan agreement was concluded in 2014 and later, then the refund cannot be more than 390 thousand rubles, and if the documents were signed earlier, then there will be no restrictions on the maximum amount. For example, you took out a loan in 2015 for ten million rubles, while four million were paid as credit interest... But still, you can only count on a deduction from three million rubles (13% of which will be 390 thousand rubles), and not from all payments.
How many times can you get
Reform Tax legislation Russia in 2014, changed the rules according to which tax deductions are given for the acquisition of real estate, however, this applies only to the property (main) deduction. If you did not receive it in full (that is, the amount is less than 260 thousand rubles), then you can use the rest when you want to buy another apartment. Moving on to the conversation about the return of interest on a mortgage loan, you can see that there are much more restrictions - such a deduction can be provided only once and only for a single object (apartment or house).
Reimbursement of interest on a mortgage loan
Tax deductions for a mortgage loan, enshrined in Russian legislation, are guaranteed to everyone who draws up an agreement with a bank, so all that is required from an applicant for a return on interest on a mortgage is to correctly draw up documents for the Federal Tax Service Inspectorate. There are many nuances associated with tax refunds for early repayment of a loan and for shared ownership of an apartment. That is why it will not be superfluous to first study the relevant law or turn to a specialist for advice - this will help you avoid many annoying mistakes.
Over the past years
Serving in tax office a package of documentation for the return of interest on a mortgage, it is required to indicate in it the payments made for the entire time from the beginning of the loan, and not only for the previous year. So, having taken out a loan in 2014, five years later you mention in the declaration the loan payments for the period 2014-2018. In the next year, 2020, data for 2019 will be added to them, and so on. At the same time, you will no longer have time limits, and if you have been paying off your mortgage for 15 years, then all this time you can receive compensation provided for by law.
In case of early repayment
Having looked at materials on this topic on the Internet, you run the risk of falling into a maelstrom of messages about lawsuits against banks. That's right - at present, the return of money by banks when the loan is repaid before the scheduled date is the subject of numerous legal proceedings (and the courts very often make decisions in favor of depositors), but this only applies to the relationship between the client and the bank. If the interest on the mortgage is to be returned in case of early repayment of the loan, then in this case the amount that you actually paid and indicated in the declaration is taken into account.
With shared ownership
If several people acquire an apartment in the order of shared ownership, then in what proportion will the distribution between them go tax refund mortgage interest? Acting as co-borrowers and having equal property rights to joint property, these people can distribute a share among themselves tax deduction at its sole discretion. When buying apartments, very often close relatives (for example, spouses) act as co-borrowers, and it is more convenient to receive tax deductions for one of them - the one who has a higher official salary.
Mortgage refinancing tax deduction
There are cases when, when purchasing an apartment on a mortgage loan, after a while, a person finds a bank with more affordable conditions and carries out a refinancing procedure, choosing a new lender. At the same time, all rights remain and after completion of the settlement with the previous bank, he is given a deduction for payments to the second bank. It will be in your best interest to notify the tax office in a timely manner so that it is warned in advance of this situation. IN mandatory the new loan agreement must contain a refinancing clause.
Who is entitled to a personal income tax refund
According to the law, the right to receive refund of personal income tax in the case of the acquisition of a real estate object, the mortgage belongs mortgage borrower(co-borrower), who is entitled to 13% paid to the bank on the mortgage. As for the homeowner, there is an opportunity for him to return income tax on the money spent on the purchase of a house or apartment. Since the borrower is not always the owner of the home (for example, a citizen buys an apartment for his daughter), you should clearly distinguish between these two categories when preparing a declaration for the tax authorities.
Documents for reimbursement of mortgage interest
If you are going to receive a return on interest on a mortgage, you must prepare a package of documents that you will provide to the tax office. It is very convenient that many of them can be filled out online using special services on the Internet, which ultimately saves a lot of time for submitting documents. The main package of documentation for the IFTS includes:
- application for reimbursement of interest on a mortgage when buying an apartment (it is necessary to indicate the number of the bank current account where the money will be credited if you are going to return funds on mortgage payments through the tax office);
- completed declaration of 3-NDFL;
- 2-NDFL certificate;
- a photocopy of the mortgage (loan) agreement to which the repayment schedule must be attached;
- bank certificate of payments and documents confirming the payment (checks, receipts, statements).
Part of the documentation for the return of mortgage interest is allowed in the form of copies, but then it is recommended to submit them personally and have the originals with you, so that the inspection staff can check compliance with the document and make the appropriate notes. The provided documents will not be returned to you, so copying can be called a very reasonable solution. You can also certify copies yourself without resorting to the services of a notary.
How to get your mortgage interest back
By providing the tax office with a package of documents for the procedure for the return of interest on a mortgage, you can receive money in different ways - either the entire amount at the end of the calendar year, or gradually reimburse through the employer. Depending on the situation, this or that option may become convenient, but it is important that if there is an appropriate decision of the tax inspectorate, you will still have this money.
Through the tax
After the end of the year for which the deduction is made, you can receive funds for plastic card... To do this, you will need to indicate this option in your application, attaching the card details to which the payment will be made through the tax office. For many, this form of payment for the return of interest on a mortgage will be more convenient, because the entire amount can be withdrawn immediately.
Through the employer
In a situation where you do not want to wait for the beginning of the next year, it is possible to get the due deduction from your employer by providing him with a package of documents from the tax office. In this situation, the compensation of interest on the mortgage will begin to happen like this - when you accrue earnings every month, you will not be withheld income tax for some time, which is also very convenient.
How to calculate your mortgage tax deduction
Like interest on a mortgage, the amount of tax deduction is also one of the information that customers are first interested in when getting a loan from a bank. This information can be provided to you by the bank employees themselves, who have pre-made calculations for the most common loan sizes and maturities. Just do not try to do these calculations yourself, in the absence of appropriate knowledge in mathematics and economics, with a very high probability you will get the wrong option, which will only be misleading.
Online Tax Deduction Calculator
Good way calculate the amount you owe - find an online calculator on specialized sites on the Internet. You should know most of the initial data, so we can safely enter the purchase amount, loan amount and other necessary information into the appropriate windows. For example, you want to take a million for three years at 15%, and faster than you read this line, the calculator will calculate - in the first year you need to pay 130,891.31 rubles of interest and you must be compensated 17,015.87 rubles.
Video: 13 percent return on mortgage interest
Today we are going 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.
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. Tax deduction when buying a mortgage today is 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. Average, 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.
About 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's not that hard 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 one way or another 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 begins.
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 a small percentage, 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 with 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 a 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 the military mortgage assumes assistance in acquiring housing, a citizen will still be able to claim 13% of the expenses incurred for the purchase of 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 these, a citizen spends 2 million 100 thousand rubles from his own funds. 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 for 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 limitation period for the deduction is missed.
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.
Buying an apartment in a modern economic situation- one of the ways not only to find living space, but also profitable to invest money. There are many ways how you can save a good amount - refuse real estate services, purchase real estate at the construction stage, find good suggestion on interest rate on a mortgage in a bank, etc. But many people do not even realize that 13% of the cost of housing can be returned.
Tax (property) deduction for an apartment is one of many measures state support which has existed since 2001. It consists in the return of the personal income tax paid by the taxpayer for the previous year. For each officially employed worker, the state withholds 13% monthly income tax.
Precisely income tax individuals(Personal income tax) is returned as a tax deduction when buying an apartment. The maximum amount is limited to 260,000 rubles for the purchase of housing, and 390,000 rubles from the mortgage loan interest.
You can get exactly the same amount that your personal income tax is for the past year. This is not a lump sum payment and can take several years to receive.
The maximum payment amount for home purchase today is the payment for mortgage housing. This amount is 650 thousand rubles. How did this figure come about? It is determined based on the maximum amount of 2 million rubles of "real" money, for which the state provides a tax deduction (in accordance with paragraph 4 of article 20 of the Tax Code of the Russian Federation). Property deduction for the acquisition of mortgage housing differs by an increase in standard amount deduction of additional, from interest on the loan as they are paid. The maximum amount of interest on a loan is 390 thousand rubles. It also consists of the maximum amount of interest - 3 million rubles, with which the state can provide a deduction, in accordance with paragraph 4 of Art. 220 of the Tax Code of the Russian Federation.
Who can use
All officially working citizens of the Russian Federation, persons on parental leave and even retirees can receive a tax deduction when buying an apartment in 2019. The main condition for obtaining a tax deduction is official employment or the presence official source income for Last year(for example, IP).
Pensioners must have an official place of work for a period not later than three years.
Mortgage Tax Deduction
Mortgages are the most affordable way for most citizens to acquire their own housing. Therefore, the majority of the population is interested in the question of how you can get a tax deduction when buying an apartment on credit.
This procedure is described in detail in the Tax Code of the Russian Federation.
Deduction from mortgage interest
It is worth noting that receiving a deduction from an apartment purchased in a mortgage and a return on interest on a mortgage are two different rights.
To take advantage of the opportunity to receive money from mortgage interest, you first need to apply for a deduction for the purchase of an apartment.
You can return the tax deduction from the purchased real estate an unlimited number of times - you can apply until the amount for the calculation exceeds 2,000,000. That is, if you bought 2 apartments for 1,000,000 each, then both of you are entitled to a payment.
It will be possible to return money from mortgage interest only once, even if the available limit of funds is not exhausted.
Conditions for obtaining a deduction
According to the Tax Code, in order to receive the required 13% of the cost of an apartment, the following requirements must be met:
- the purchase of real estate was made for one's own money (that is, it was paid from personal or family savings, but in no case at the expense of military mortgage or employer);
- the transaction for the purchase of an apartment was not made with close relatives (parents, children, sisters, etc.);
- official employment.
Terms of application and receipt
You can apply to the IFTS less deduction within three years after the purchase. And interest can be received annually as long as you have a mortgage.
Requirements for the purchased apartment
To apply for a tax deduction for an apartment purchased with a mortgage, it must meet certain requirements:
- the apartment is located on the territory of the Russian Federation;
- housing was bought with money on a mortgage loan (a consumer loan is not suitable, even if it was taken to improve housing conditions).
The degree of readiness of the house (apartment) - at the construction stage, new building, secondary housing- irrelevant.
You can also get a deduction from an apartment that parents buy for their children. The amount to be calculated will be calculated in accordance with the shares in the real estate.
How much you can get a deduction
Property deduction is calculated from an amount not exceeding 3,000,000 rubles. But this does not mean that if the apartment is worth more than this amount, the due 13% cannot be returned. In this case, the interest will be calculated only for 3,000,000 rubles. Accordingly, if the apartment costs less, then the amount from which the deduction is paid is less.
When calculating the deduction, the cost of an apartment does not include money received as a measure of social support from the state, such as:
- maternal capital;
- funds of the savings and mortgage system of the Ministry of Defense of the Russian Federation
- pension, scholarship and other benefits;
- funds from various social programs etc.
If there are several homeowners, then each of them can claim a part of the deduction in accordance with his share. But this is rarely seen in practice. Most often, the deduction is made for the owner (family member) with the highest salary.
Required documents
The only institution that deals with tax deduction is the Federal Tax Service Inspectorate at the place of residence.
You will need the following documents for your apartment tax deduction:
- statement;
- the passport;
- your bank account details;
- an extract from the Unified State Register, which will confirm the ownership;
- 2-NDFL certificate;
- 3-NDFL declaration;
- contract of sale;
- mortgage lending documents;
- bank statement on the payments made.
If an apartment is bought in a new building, then the tax officials require an additional acceptance certificate.
Please note that if the contract states that the premises are being purchased in an unsuitable condition for living, then the total cost of the apartment can include the funds spent on finishing and repairing the premises. In confirmation, it is necessary to provide receipts for the purchased materials, as well as receipts for and work performed.
How to collect a package of papers
Most of the problems arise with the 3-NDFL declaration.
Many people use third-party services. You can independently register on the website of "State Services". There is a special section with tips and examples for filling out the declaration.
A 2-NDFL certificate is issued by an accountant at the place of work.
An extract of ownership can be obtained from the Unified State Register.
Receiving a deduction
After the tax inspector accepts all the documents, the consideration of your application for a tax deduction when buying an apartment on a mortgage will begin.
The decision is made in 2-4 months.
There is an alternative way to get it - through an employer. That is, in the next 12 months from wages 13% tax will not be deducted. The method of receipt is indicated in the application.
Everyone who decides on their own housing problem a resident of Russia once in a lifetime receives two "bonuses" from the state. The first is a property tax deduction (refund of taxes paid) from the amount of 2 million rubles. The second is relevant for those who have purchased real estate on a mortgage. This is the so-called interest deduction, or the ability to return 13% of the amount of interest paid on a targeted loan for the purchase or construction of housing.
On January 1, 2014, amendments to article 220 of part two entered into force Tax Code RF, which made significant adjustments to the process of obtaining both deductions. We have already written about the changes in property deduction. Recall: the main innovation is that the preference was "detached" from the real estate object and made it possible to receive unused balance with the next home purchases.
The change in mortgage interest deduction is not as drastic, but it is also quite significant. The BN correspondent, with the help of the Federal Tax Service of the Russian Federation, tried to understand the nuances of tax legislation.
Unchanged conditions
First, we will briefly recall who and in what cases is entitled to receive a deduction for interest paid in the course of servicing a mortgage loan. First of all, the borrower must be tax resident RF, that is, to pay taxes to the budget at a rate of 13%. Consequently, citizens who receive a salary "in an envelope" are deprived of this preference. It will not be possible to take advantage of the state's help to business owners and individual entrepreneurs (their income is taxed at a different rate), as well as to those who do not pay personal income tax, such as students.
The list of requirements regarding the loan itself, the burden of servicing which the state is ready to share, also remained the same. It is not at all necessary to get a loan from a bank - you can borrow money from any Russian organization or at individual entrepreneur... But the loan must certainly be targeted, that is, the agreement clearly states that the borrower undertakes to spend funds on the construction or purchase of an apartment, house or a share in them. In addition, if the apartment is bought on the primary market and is transferred to the shareholder under the contract without finishing, the target loan can be used to purchase finishing materials and to pay for repairs.
Imagine a situation: a bank refused to issue a mortgage, and a person had to take a consumer loan to buy his corner. This loan, actually aimed at the acquisition of real estate, is not formally considered targeted. And it will not be possible to reduce the amount of interest paid on it due to the tax deduction.
But if, due to changed economic circumstances, the borrower took a second loan to refinance the first target loan, the interest paid on it is also included in the tax deduction.
Finally, the third unshakable condition is that housing should be located on the territory of the Russian Federation. And, of course, to be liquid - exactly the kind for the purchase of which banks issue loans.
"Ceiling" for interest
Now about the innovations of this year in relation to the percentage deduction. The most important is the limitation of its maximum amount to three million rubles. Thus, from the taxes paid to the budget, it is possible to return a maximum of 390 thousand rubles from this year. In the previous version of Article 220 of the Tax Code of the Russian Federation, there was no such "ceiling".
Legislators have established a seemingly pretty large amount interest paid from which a deduction can be obtained. According to AHML, last year the average loan in the Russian Federation was 1.6 million rubles. Borrowers attracted more significant amounts only in St. Petersburg (the average loan, according to VTB24, was about 2 million rubles) and in Moscow (3.5 million rubles, according to the company Est-a-Tet). With this amount of loans for a period of seven to ten years, the amount of interest paid on the loan will not reach the "ceiling". But if a person, say, took out a loan of 2 million rubles. and intends to pay it off within 25 years, then by the end of the term there will be about 4.3 million rubles. overpayment. And everything that is over 3 million rubles., As already mentioned, does not qualify for tax deduction.
However, those who took out loans before January 1, 2014 and continue to pay the mortgage are lucky - this limitation will not affect them. The tax deduction for the repayment of interest on targeted loans received by the taxpayer prior to the entry into force of the amendments to the Tax Code of the Russian Federation, as well as for the repayment of interest on loans received from banks for the purpose of refinancing a previously taken mortgage, is provided without limitation.
For the sake of fairness, we note that the overwhelming majority of borrowers still pay significantly less than 3 million rubles. mortgage interest. But, unlike the property deduction, the balance of the interest is not carried over to the next home purchases. This benefit is granted once in a lifetime and for one property only.
Another innovation this year: in accordance with the new edition of Article 220 of the Tax Code of the Russian Federation, the property deduction and the mortgage interest deduction were divided. If earlier both deductions had to be received together, when buying one object, now this is not a prerequisite. First, a citizen can buy an apartment for own funds and get a property deduction. After a few years, taking out a loan, improve your living conditions, and at the same time - to exercise the right to receive a deduction on the interest paid. As explained in the letter of the Ministry of Finance of the Russian Federation dated September 13, 2013, “taxpayers are granted the right to receive a property tax deduction for the costs of purchasing a real estate object and a property tax deduction for the cost of paying interest on a target loan (credit) aimed at acquiring the same object, or other real estate object ".
Divide amicably
Most of the questions when drawing up a deduction, as a rule, arise in cases where an apartment is acquired by spouses in shared or joint ownership. IN new edition Article 220 of the Tax Code of the Russian Federation seems to have appeared additional prerequisites for discrepancies and ambiguous interpretations. It does not include the rule according to which tax deductions are provided to co-owners of real estate objects based on the amount of expenses of each person, confirmed by payment documents.
But, as confirmed in the Federal Tax Service of the Russian Federation, this does not negate the relevance of the previously written letters of the Ministry of Finance of Russia on this issue. Both spouses are still eligible for the interest deduction, regardless of which of them the interest payment documents are issued for. If an apartment or house is registered as a shared ownership, then the deduction for the mortgage loan, as well as for the loan received to refinance the mortgage, is provided to the owners in proportion to the shares.
If the housing is acquired in joint ownership, then the interest deduction is distributed between the spouses according to their written statement (for example, 100 and 0%, 50 and 50%, etc.). IN old edition Of the RF Tax Code, the “mortgage” deduction was divided in the same proportion as the property deduction. But since since 2014 these preferences have been considered as separate, it can be assumed that there is no longer a rigid linking of one deduction to another, and a separate statement will be written for each of them.
Anytime
For the first time, you can apply for a deduction of interest paid when filing a declaration for the year in which the certificate of ownership of the acquired property was issued or, in case shared construction, the act of acceptance and transfer of the apartment was signed. This means that a person who buys a property under construction can service a loan for several years before starting to receive a return on the interest paid.
After that, documents for interest deduction can be submitted annually. But we must remember that it will begin to be paid only after the state has settled with the buyer of the apartment on the property deduction. Therefore, you can take your time and apply for an interest deduction after receiving the property. Or - after full repayment of the loan. “The right to receive a tax deduction on interest is not made by the code dependent on the moment of the final repayment of the loan and, accordingly, remains with the taxpayer until he applies for such a deduction to the tax authorities. That is, the payer can exercise this right at any time convenient for him as long as he incurs the corresponding expenses for the payment of interest, "- confirmed in the Federal Tax Service of the RF.
The list of documents submitted to the tax office at the place of residence is not long. To apply for an interest deduction, a sales contract, a certificate of registration of ownership is required. If the apartment was purchased in a building under construction, then the acceptance certificate is sufficient. In addition, you will need a loan agreement with financial institution, a certificate on the 2-NDFL form, as well as tax return during the reporting period.
Text: Elena Denisenko Collage: Vladimir Shcherbakov
Official work also includes legal income tax, which is 13% of wages. Laws also imply tax. Thanks to the deduction system, a citizen has the right to return funds deducted from his income for some acquisitions.
Lost funds can be returned, for example, when buying a car or real estate, when paying for training. To apply for a mortgage deduction, you need to be aware of all the intricacies of this case.
The amount of the mortgage tax deduction is calculated in accordance with the amount of expenses. To get this deduction, you need to take care of the fundamental condition - official employment, it is with it that the income tax of thirteen percent is withheld.
In these percentages, the amount that the citizen can return back is withheld. But it is not necessary to be employed - the fact of paying taxes is important, and personal income tax can be paid from any profit.
If we are talking about the acquisition or construction of real estate, then the calculation is carried out from the property tax deduction. It is issued only once - after all expenses have been incurred.
Thanks to the changes that have come into force legislative acts refunds can be made several times. But there is one caveat - the sum of all deductions received cannot exceed the maximum possible 260,000 and 390,000 (for mortgage lending).
Interest return conditions
The condition for the return of funds is, first of all, the presence of a large number of documents. Collecting documentation pays off with the opportunity to obtain considerable sum of money, namely, these funds will cover the costs of:
- Signing, filling out and collecting the necessary documentation necessary to confirm the expenses incurred by the citizen (including the tax return).
You need to know this! According to the conditions for the return of funds, not the entire amount is subject to return, but only 13% of its amount.
It does not matter, for example, the cost of an apartment if its value exceeds 2 million, since this is the amount of the maximum property deduction. And the refund will not be able to exceed the 260 thousand mark. This monetary threshold and any other amount can be paid only if they came to the state budget in the form of taxes.
If we are talking about a mortgage (mortgage loan), then here the return amount will not exceed 390 thousand, since the calculation is based on the amount of 3 million.
If you take an apartment on a mortgage, then the return of interest on the loan in the tax is possible not only from interest, but also from the apartment itself. That is, in total, it will be possible to carry out a tax refund for a bank loan for an apartment in the amount of up to 650,000 Russian banknotes (260,000 + 390,000).
Refund subject to early repayment
With early repayment of a mortgage loan, controversial situations arise related to interest. In such cases, two points are highlighted for which a refund is possible:
- refund of overpaid annuity payments;
- return of 13% of the interest paid.
The first case suggests that annuity payments are calculated in accordance with the full term of the loan. In this situation, the borrower pays interest first, and then the principal.
If the borrower decided to repay the loan ahead of schedule, it turns out that credit funds he enjoyed a much shorter period of time, which implies a decrease in interest. And the bank is obliged to provide the appropriate difference - such court decisions already introduced into use.
The situation is different with early repayment... In this case, the deduction is calculated for the funds paid and for interest separately. Here, the percentage that is actually paid is taken into account. 13% is returned from it in the form of a tax refund.
Tax refund procedure
Receiving a tax deduction takes several steps. First, the amount that was paid for the purchase of the apartment is calculated. If the borrower can immediately receive a refund, this action is taken.
The next step is to calculate the tax deduction at the interest rate. Maximum size returned funds will not be able to exceed the amount that the citizen has paid in the form of income tax to the state. If the deduction exceeds this number, then the balance is paid next year, provided that the citizen continues to pay personal income tax from his profits.
Due to the saving of time, it is possible to make a repeated appeal after not one year, but several years. This is especially useful when it comes to long-term mortgages.
List of required documents for the procedure
The next year after settlement period you can submit documents to the tax office.
To contact tax services you need to have the following documents with you:
- passport of a citizen of the Russian Federation and the corresponding application;
- a certificate of income of the 2-NDFL form from the employer or several certificates, if there are more than one employer;
- 3-NDFL declaration;
- purchase and sale agreement, as well as receipts confirming payment;
- the act of transferring real estate into ownership, as well as documents that confirm the registration of property;
- loan agreement for a mortgage;
- individual taxpayer number of the Russian Federation for filling out the declaration;
- bank account number for receiving banknotes for personal income tax reimbursement;
- certificate of interest paid on the mortgage loan.
Original documents must be accompanied by certified copies. Certificates and declarations are submitted in the original, as they are filled in on specialized forms.
You can learn more about the reimbursement of interest on a loan in the tax office from this video:
Combination with consumer credit
Let's see if you can get a deduction for a consumer loan.
“Only on condition target loan directed to the purchase of real estate, a deduction from interest may be obtained, ”- this is what the legislation says. Consumer loan has only one possibility of getting a refund: the contract contains an indication that the loan is aimed at purchasing real estate. That is, when visiting the tax office, the relevant documents must be provided. This condition is also relevant for car loans.
Carrying out the deduction procedure for loans in the Sberbank of the Russian Federation
In the list of services offered, Sberbank has one that helps in obtaining a tax deduction for a mortgage loan. The main work falls on the shoulders of the consultant, for which a small fee is charged. And the client takes part only in the most basic moments of the procedure for obtaining a tax deduction.
For a mortgage loan, Sberbank offers a refund for both the principal amount and the interest rate. The maximum refund amount reaches 650 thousand rubles.
The clients of this bank are very lucky, since the paperwork for deduction for a loan can not always go smoothly. For example, a 3-NDFL declaration must be filled out independently, but often difficulties arise when filling it out. And in the bank there will be no problems with this, since the consultant will be able to help the citizen in the correct execution of the form.
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