Letter of credit for international payments. Letter of credit in international settlements
Article 220 of the Tax Code of the Russian Federation describes in detail the grounds and rules for the return of interest on a mortgage to the borrower. But there are many obstacles and pitfalls on the way to receiving government assistance that are worth warning about.
The meaning of the tax deduction
Reimbursement of personal income tax from income spent on mortgage payments, represents state program stimulating the real estate market. The returned funds help young families to make repairs in their new homes and purchase the necessary household appliances.
Personal income tax is paid by the accounting department from the accrued salary in the amount of 13%, and employees never see this money. But these amounts can be obtained from the tax service in the form of reimbursement of mortgage interest when buying an apartment.
With a family income of 55,000 rubles, the maximum amount that the STI can return in a year can be 85,800 rubles. The family can use these funds for any personal needs.
Potential recipients of state aid
If the goal is to return part of the money spent on mortgage interest funds, then you need to start by examining the reasons for obtaining "public" money. This right can be exercised by borrowers who:
- We bought residential property. This clause is eligible even if only a share in an apartment or private house was purchased.
- Purchased at the expense of bank loan land and plan to build their own residential building on it.
- Build new house per credit funds.
- Refinanced a mortgage from another bank for the purchase of a home, or land plot for individual construction.
The tax office will refuse to return income tax from mortgage interest in 2017, if the maximum limit has been reached property deduction or the deduction was provided earlier.
The question of how to get tax deduction on interest on mortgages in 2017 when registering mortgage apartment simultaneously on both spouses, is also stipulated in the legislation. Husband and wife have the right to compensation for personal income tax in the amount of 3 million rubles for each.
The amount of tax deduction for mortgage interest
The amount of help that mortgage borrowers may be obtained from the state, varies depending on:
- the amount of paid bank interest;
- length of official work;
- the size of personal income tax transferred over the past three years to the budget.
Theoretically, a person can receive compensation from the state in the amount of 13% of their amount from the repaid bank interest. Legislative frontier maximum amount interest expenses subject to compensation is at the level of 3 million rubles.
Example. In the spring of 2016, Filipchuk P.V. purchased a home for 1.12 million rubles and spent 117,600 rubles on interest until the end of the year. In 2016, the employee received 51,500 rubles a month and transferred 6,695 rubles of personal income tax. In the spring of 2017, Filipchuk P.V. decided to issue compensation from the state. In practice, he can return 117600 * 0.13 = 15288 rubles per year, which does not exceed the amount of personal income tax transferred by him (6695 * 12 = 80340 rubles).
For what period can the tax deduction for mortgage interest be refunded? You can compensate interest payments at the expense of the amounts of personal income tax paid over the last three years starting from the period in which the right to deduction arose. But the amount of state aid cannot exceed the amount of tax paid by the employee to the budget for this period.
People who have bought several residential premises on credit often worry about whether it is possible to get a deduction on interest on a mortgage for a second apartment? Legislation allows you to draw up refund of personal income tax for paid bank interest only for one object, while the total estimated amount should not be more than 3 million rubles.
What documents are needed to return mortgage interest?
To get government tax compensation for the paid mortgage interest, the borrower must collect and submit to the State Tax Inspection the following documents:
- Tax returns for years of operation, which are taken into account when calculating the amount to be refunded. Examples of filling out the personal income tax form-3 on a mortgage for the return of interest on a mortgage are offered in the premises of the State Tax Inspection, and you can familiarize yourself with their forms for a return of interest on a mortgage
- Certificates from the accounting department on earned income in the form of 2-NDFL from all enterprises where the person worked for the period of personal income tax reimbursement.
- Applicant's passport.
- Application with bank account data for transferring funds.
- Housing title documents.
- Financial receipts, checks confirming payment of mortgage interest.
- Certificate of interest paid on the mortgage for the tax service from the bank.
- Loan agreement.
Sample application for a return of interest on a mortgage:
If the residential real estate was bought by the spouses in joint ownership, then additionally it is necessary to provide:
- Marriage certificate.
- Application of co-borrowers - spouses on the distribution of shares.
To prevent temporary delays, you need to come to the State Tax Inspectorate to submit documentation with all the mortgage agreements on hand. The tax inspector may require additional photocopying of the documents.
Methods for drawing up a deduction
There are two main options for the procedure for reimbursing the amounts of personal income tax paid for a mortgage:
- once a year by the tax inspectorate;
- monthly accounting department at the enterprise.
Both procedures have a similar algorithm for obtaining the consent of the state for the deduction, but different ways of paying compensation.
How to get back interest on a mortgage through tax in 2017?
The algorithm of actions for obtaining compensation for mortgage interest is easier to consider step by step.
First step. Prepare a package of documents
The borrower already has most of the documents at home, but he will have to additionally apply to the bank for a certificate of repaid interest and to the company's accounting department for a certificate of the amount of salary and income tax for the required period.
Second step. Submit to the State Tax Inspection a package of documents with an application and completed income declarations
The main difficulty is filling out income tax returns. It is recommended to do this at a tax office where samples are available. In addition, tax inspectors will always advise a citizen if he has any questions about filling out individual columns.
How do I get a mortgage interest deduction over several years? Just submit several packages of documents: for example, 3 declarations with the attachment of certificates for each year and copies of documents.
The tax office has an online service for filling out tax return, so you can go in and try to compose it yourself
Step three. Submit the documents to the tax inspector
It should be borne in mind that incorrectly drawn up documents sent by mail can delay the decision-making by 1-2 months. It is better to go to the local tax office and personally hand over all originals and copies into the hands of an inspector who can immediately check that all documents are present.
Step four. Get STI decision
A cameral check of declarations can take up to 90 days, depending on the workload of tax inspectors, so there is no need to wait for a quick letter with a response. If the decision is positive, some tax authorities transfer the amount of compensation without informing the applicant in advance. But according to the law, tax authorities are given 30 days to transfer funds after a decision on payment is made.
The citizen must always receive a written response from the State Tax Inspection, if he did not indicate the details for transferring the payment in the application. In this case, after receiving the letter, you must additionally go to tax office and draw up an application for money transfer indicating your bank account.
The tax inspector can invite the applicant to him during the verification process to clarify questions of interest.
Compensation of tax deduction by the company's accounting department
This method is more convenient if the borrower has already closed the loan in full and has recently been working at the last job. In this case, the person does not receive any payments from the tax inspectorate, but the accounting department ceases to deduct personal income tax from the employee's “dirty” salary. This happens until the full compensation of the entire amount of state aid at the expense of income tax.
Receiving procedure tax deduction at the enterprise differs from the above in a number of features:
- Tax returns are not completed.
- You do not need to take 2-NDFL certificates.
- The tax service does not transfer money to anyone.
- After receiving a letter from the tax office with the approval of the tax deduction, you must write a statement to the accounting department of the enterprise. It indicates the request for a property tax deduction at the expense of the personal income tax withheld from the employee.
The result of this method of registering a tax deduction will be that the employee will receive an additional 15% of the usual amount of wages received earlier.
This method of return has one more feature, namely, it differs in the moment when you can get a tax deduction on interest on a mortgage. This can be done already in the year of home purchase.
Statute of limitations
There is no limitation period for reimbursement of funds paid on mortgage loans. Therefore, you can apply for a mortgage interest deduction for several years at once. A person can take out a loan for housing in 2010, and apply for a refund at the expense of personal income tax in 2017. The only limitation is the period for which the maximum personal income tax amount: three reporting years. In 2017, the borrower can only apply for a refund of the income tax for the years 2014-2016.
If the loan is in the process of being paid, then it is necessary to apply for compensation of mortgage interest annually based on the amount actually paid for the reporting period.
Mandatory requirement for approval compensation payment is the availability of receipts from the bank about the payment of the loan, because the certificate from financial institution often distrusted. Therefore, it is recommended to save all documents received at the bank until the loan is fully repaid.
The procedure for obtaining a tax deduction is stretched in real situations for 3-4 months from the date of the decision on the registration of state aid. The term is considerable, but the money received is usually a pleasant surprise for a family weighed down with a loan.
Last updated March 2019
One of the most frequently asked questions is the question of what amount can be deducted in case of buying a home with a mortgage. Therefore, in this article, we will consider in detail the features of obtaining a property deduction when buying a home using credit funds.
Basic deduction
When buying an apartment / house using mortgage funds, you can get two tax deductions: the main deduction (clause 3, clause 1, article 220 of the Tax Code of the Russian Federation) and a deduction for mortgage interest (clause 4, clause 1, article 220 of the Tax Code of the Russian Federation).
The main deduction for purchasing an apartment on a mortgage is no different from the deduction for a regular purchase. We will not consider it in detail, but only recall the main points:
- the maximum deduction amount is RUB 2 million. (You can return 13% of this amount - 260 thousand rubles.)
- the right to deduction arises after the receipt of the acceptance certificate of the apartment (upon purchase under a contract equity participation) or the date of registration of ownership according to an extract from the USRN (when purchasing under a sales contract). You can submit documents for deduction to the tax authority at the end of the year when the right to it arose (for more details, "Information on property deduction", "When the right of deduction arises")
- the deduction can include both your own and borrowed funds(from a legal point of view, credit funds are also considered your expenses).
Example: In 2018 Dezhnev G.S. took a mortgage loan from the bank in the amount of 2 million rubles. and bought an apartment worth 2,200,000 rubles. (The certificate of registration of ownership was also issued in 2018). In 2019 Dezhnev G.S. filed a 3-NDFL declaration for 2018 with the tax office and declared the main deduction in the maximum amount of 2 million rubles. (to return 260 thousand rubles), despite the fact that Dezhnev spent only 200 thousand rubles of his personal funds. He can also claim a deduction for mortgage interest (we will consider it later).
Mortgage Interest Deduction
When buying a home with a mortgage, in addition to the main deduction, you can also receive a deduction for the paid credit interest(return 13% of the mortgage interest actually paid).
The note: Your mortgage payments are divided into two parts: the principal and the interest payments. You can receive this deduction only for payments on loan interest (payments on the principal debt will not be included in the deduction).
Wherein:
- The right to deduction for mortgage interest arises only at the moment the right of the main deduction arises. Moreover, if the mortgage was issued earlier than the year in which the extract from the USRN (or the act of acceptance and transfer) was received, then all the interest paid by you from the first mortgage payments can still be included in the deduction.
Example: In 2016 Belsky G.I. issued a mortgage and entered into an equity participation agreement for the construction of an apartment, and in 2018 he received an acceptance certificate for an apartment. In this case, apply to the tax office minus Belsky G.I. can only in 2019 (despite the fact that the mortgage has been paid since 2016). At the same time, he will be able to receive a deduction for all actually paid interest (from 2016).
The maximum deduction for mortgage interest is RUB 3 million. (to be returned 390 thousand rubles).
The note: if the loan agreement was concluded before January 1, 2014, then the old norms are applied, and the amount of deduction for loan interest is not limited.
Example: In 2017 Ulanova N.N. took a mortgage loan from the bank 10 million rubles. and bought an apartment worth 12 million rubles. For 2017-2018 N.N. Ulanova paid 4 million rubles. mortgage interest. In 2019 Ulanova N.N. filed a 3-NDFL declaration for 201 with the tax office and declared the main property deduction in the amount of 2 million rubles. (to be refunded 260 thousand rubles), as well as a deduction for credit interest in the amount of a maximum amount of 3 million rubles. (to be returned 390 thousand rubles).
Only the mortgage interest actually paid for the previous calendar years can be claimed for deduction.
Example: In June 2018 Grechikhin S.D. took out a mortgage and bought an apartment. In 2019, he can file a 3-NDFL declaration for 2018 with the tax office to receive the main deduction and deduction for interest paid from July to December 2018. In 2020 Grechikhin S.D. will be able to submit documents for 2019 (add interest paid in 2019 in the declaration), in 2021 - for 2020, etc.
What loans and borrowings can you get an interest deduction?
A deduction for credit interest can be obtained not only under mortgage agreements, but for any targeted loan aimed at the purchase / construction of housing (clause 4 of clause 1 of article 220 of the Tax Code of the Russian Federation). For example, if you took a loan from an employer and the agreement says that the loan will be spent on the purchase of a specific apartment, then you will be able to receive a tax deduction for the loan interest paid. If there is no such entry in the contract, then, despite the fact that you spent the loan for the purchase of housing, you will not be able to receive a deduction (Letter of the Ministry of Finance dated 04/08/2016 No. 03-04-05 / 20053).
Example: In 2018 Shilova K.O. took a loan from an organization to buy an apartment. The agreement clearly states that the loan was spent on the purchase of a specific apartment, therefore Shilova K.O. will be able to get a deduction on loan interest.
Example: In 2018 Tamarina E.M. bought an apartment for 2 million rubles. with a loan for consumer purposes in the amount of 1 million rubles. Since the loan is not intended for the purchase of an apartment, Tamarina E.M. will be able to receive a property deduction in the amount of 2 million rubles. (to return 260 thousand rubles), and will not be able to use the interest deduction.
Documents for registration of deduction for mortgage interest
To receive a deduction for mortgage interest, in addition to the main documents on the transaction (see "Documents"), you will need to submit to the tax office a copy loan agreement and a certificate of interest paid. The certificate can be obtained from the bank where you took out the mortgage. In some banks, a certificate is issued immediately, and in some a few days after a written request (it is better to check this with your bank).
Sometimes the tax authority may also request payment documents for the payment of mortgage interest (payment orders, bank statements, receipts, etc.). In this case, you can either provide documents (if they are available), or refer to the letter of the Federal Tax Service of Russia dated November 22, 2012 N ED-4-3 / [email protected], where it is indicated that a certificate of interest paid from the bank is sufficient and additional payment documents are not required to receive a deduction.
Is it obligatory to claim credit interest deduction right away?
If you have not yet exhausted the main deduction, then you may not immediately claim the mortgage interest deduction (so as not to submit to the tax authority additional documents). As soon as your main deduction has been exhausted, you can add information about the deduction for credit interest to the declaration (and attach the relevant documents).
Example: In 2016 Khavina M.V. bought an apartment on a mortgage for 3 million rubles. Income Khavina M.V. are 800 thousand rubles. per year (the amount of tax withheld per year is 104,000 rubles). In this case, in 2017, she will be able to claim the main deduction (since it makes no sense to declare interest). In 2018 Khavina M.V. will continue to receive the main deduction. In 2019, since the main deduction will be exhausted, she will add data on the interest paid from the beginning of payments (from 2016) to the declaration.
Do I have to apply for a deduction every year?
Often there is a situation when the main deduction has already been exhausted, and the amount of interest paid on the mortgage is quite small. In this case, you do not have to submit documents to the tax authority every calendar year (to save time), but file every few years, including in the declaration all interest paid for these years.
Example: In 2015, Detnev L.P. bought an apartment on a mortgage. According to the terms of the mortgage, he pays annual mortgage interest in the amount of 100,000 rubles. L.P. Detneva's income per year exceed 2 million rubles. In 2016, Detnev submitted documents to the tax authority and received the main deduction and deduction for interest paid for 2015. In 2017, Detnev may not submit a tax return, but wait a few years and claim all interest at once: for example, submit documents in 2019 and receive a deduction for interest paid in 2016, 2017 and 2018.
Interest deduction for refinancing (loan refinancing)
In the case of refinancing a loan in another bank, you can receive a deduction for interest on both the original and the new loan (clause 4 of clause 1 of article 220 of the Tax Code of the Russian Federation). At the same time, it is important that the new agreement clearly states that it was issued to refinance a past (target) loan.
Example: I.V. Golovanov bought an apartment in 2017 worth 3 million rubles. (of which 1 million rubles. own funds, and 2 million rubles. borrowed). In 2018, he refinanced a loan with another bank. Then upon receipt of interest deduction Golovanov AND.The. will be able to take into account the interest paid on the first and second loans.
Deduction process
The process of obtaining a deduction for mortgage interest does not differ from obtaining the main deduction and is discussed in detail in the articles.
Buying an apartment in a modern economic situation- one of the ways not only to find living space, but also profitable to invest cash... There are many ways how you can save a good amount - refuse real estate services, buy real estate at the construction stage, find good offer at the 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% of income tax on a monthly basis.
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). The 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 the last year (for example, individual entrepreneur).
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 Tax Code, in order to receive the due 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 for mortgage (consumer credit not suitable even if it was taken to improve housing).
The degree of readiness of the house (apartment) - at the construction stage, new building, secondary housing- does not matter.
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 price of an apartment does not include money received as a measure of social support from the state, such as:
- maternal capital;
- funds of the accumulation 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 issues is the Federal Tax Service Inspectorate at the place of residence.
You will need the following documents for your apartment tax deduction:
- statement;
- passport;
- your bank account details;
- an extract from the USRR, 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 stipulates that the premises are being purchased in a condition unsuitable for living, then the total cost of the apartment can include the funds spent on finishing and repairing the premises. In confirmation, you must 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 resort to the services of third parties. 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, 13% tax will not be deducted from wages. The method of receipt is indicated in the application.
Property deduction for a mortgage is a real chance to compensate, even partially, the costs of a young family associated with the purchase of housing. But not all families use this opportunity. This is primarily due to the fact that borrowers do not know about the possibility of receiving such payments. So, below we will discuss the question of how such a deduction is drawn up and what documents will be required for its registration.
Opportunities for deduction
Citizens of the Russian Federation, foreign citizens, for legal grounds working in our country and paying tax on personal income. persons. This type of deduction is provided only once in a lifetime, in the amount of 13% of the costs incurred by the applicant in connection with the acquisition of residential real estate in ownership, with the proviso that its value does not exceed 2 million rubles. This means that if the price of the purchased residential premises exceeds 2 million rubles, 13% in any case will be credited only for these 2 million rubles, which means that the maximum amount of property deduction will not exceed 260 thousand rubles. It is also important to note that 13% of the present value of housing is returned only if the housing was purchased after 2009, the transaction made earlier involves calculating a deduction only from real estate, the value of which is 2 times less than that mentioned earlier.
It should also be said that the parent of a child who has not reached the age of majority has the right to apply for this deduction. It is about the fact that if the housing was purchased later was registered in the ownership of the children, then the parent also has the right to receive a deduction.
The great news for those who have acquired home ownership using a mortgage is that these people are entitled to a tax deduction. Moreover, this may apply not only to the value of the real estate itself, but also to the interest that you undertake to pay to the bank in accordance with the agreement. The optimal amount of interest, which gives the right to provide a deduction, should not exceed 3 million rubles.
I must say that you can apply to the tax office for the deduction due at any time, regardless of when you made the purchase of a home or concluded an agreement mortgage lending.
How is the deduction granted?
Property deduction for a mortgage can be allocated in total and paid in a lump sum, or it can be paid in fractional terms. The fact is that the annual deduction in the total amount cannot exceed the amount paid by a certain citizen of income tax during the reporting year, when the purchase of residential real estate was made. For example, this is housing purchased in 2010 for 2 million rubles, then you should count on the provision of a deduction in the amount of 260 thousand rubles. However, if the amount of income tax for this period you paid no more than 50 thousand rubles, then this means that you can only hope for this amount. The remaining money of the accrued deduction will be paid in subsequent years until the entire amount is paid.
If we are talking directly about obtaining a property deduction on interest paid to the bank accrued on a mortgage loan, then they can be paid in a lump sum, but only on condition of full repayment of the mortgage. If payments on home loan have not yet been terminated, then an annual deduction is provided at a rate of 13%, calculated on the amount of bank interest actually paid for the year. The term of such payments is limited only by the duration of the mortgage loan, as well as the optimal limit of the amount used to calculate the deduction, which is equal to 3 million rubles, the very same amount of the deduction will be 390.0 thousand rubles.
Deduction from mortgage interest
Those who know firsthand what a mortgage is, they also know that with a long term of such a loan, you have to pay interest on it, the amount of which is a very "tidy" amount, they can go up to 3 million rubles ... If you have exactly the same loan conditions, then know that you have the right to apply to the tax authorities located at your place of residence to receive partial compensation for the costs incurred associated with the payment of interest.
To receive a deduction, you will first need to contact the bank and take a certificate stating how much interest will be deducted from you for the entire period allotted for repayment of the mortgage loan, as well as interest to be paid annually. Based on the received bank document the total amount of the property deduction due is calculated, as well as the amount of compensation, broken down by year.
It should be emphasized that regardless of whether the interest limit of 3 million rubles has been exhausted, the borrower has the right to provide an interest deduction on a mortgage only once in a lifetime, and only in relation to a single residential facility.
But the fact is that since 2014, the legislator has given citizens the right to apply for an additional charge of the amount of deduction when buying a second (subsequent) residential premises, if the first was purchased after 2009, and its cost was less than 2 million rubles. In this case, additional accruals will be calculated from residual value the maximum amount of calculation. That is, if the first living space was purchased for a million rubles, and the amount of the deduction was 130 thousand rubles, then as a result of the acquisition of subsequent residential real estate, with a higher value (for example, for 3 million rubles), you can count on the remainder maximum size deduction from the remaining amount, that is, for another 130 thousand rubles.
Don't know your rights?
Documents provided for calculating property deduction
- First of all, of course, you will need an identity document of the applicant. For Russian citizens, this is a passport of a citizen of the Russian Federation, and for foreigners - a passport of a foreign citizen or any document equivalent to that.
- Declaration (form 3-NDFL) (See How to fill out a declaration (NDFL3) when buying an apartment?).
- To confirm the withheld amounts of income tax, a certificate of the 2-NDFL form is provided, it must be taken from the accounting department of your enterprise (organization, company). It should be said that income tax is paid only on the "white" salary, so if your salary is minimal, get ready to receive a tax deduction in doses over several years.
- You will also need documents that can confirm the costs incurred in connection with the purchase of housing: this is a purchase and sale agreement, a certificate of ownership, an act of acceptance and transfer, a copy of a mortgage lending agreement and a bank statement about the interest accrued by the lender.
- If the property was purchased for children, then official papers will be required that can confirm the relationship of the borrower with them.
Employer deduction
The deduction provides for payment in two ways: directly through tax organization- by highlighting a common annual amount, or through the employer by monthly additional payments.
How does this happen
If you plan to use the calculated deduction for a specific purchase, then of course, a more profitable option is to receive the entire amount at once at once. In such a situation, it is better for you to prepare the entire set of documents for submission to the tax authority and prepare to wait, from about 2 to 4 months, for the decision that the tax office must make regarding the provision of a deduction and transfer of money.
In order to speed up this process and if you do not have any special plans for these funds, then you can get them at your enterprise. To do this, you will also have to apply to the tax office at your place of residence with the mentioned set of documents and receive an order, which subsequently must be provided at the applicant's place of work. On the basis of such an order, the employer has the right to exempt you from paying income tax on the income received, its amount will be paid to your hands on a monthly basis as an addition to the basic salary. Its size is calculated very easily - it is enough to deduct 13% from your "white" wages. It should be emphasized separately that this method of paying the tax deduction is possible only before the expiration of a 3-year period from the date of purchase of a dwelling. If for this period the accrued amount of the deduction is not paid to you in full, then in any case you will have to apply to the tax authority for its "balances", then you just have to wait for receipts.
An example of calculating the amount of the deduction
For example, according to mortgage program purchased an apartment worth 3 million rubles. The mortgage is issued for 15 years, during this period the interest accrued on the loan is 2 million rubles.
In such a situation, you have the right to count on a property deduction calculated at a rate of 13% of the value of the dwelling, but not more than 2 million rubles - which is 260.0 thousand, and in addition to this amount, another 13% of 2 million ( that accounted for the interest on the mortgage loan) - this is another 260.0 thousand rubles. As a result, the total amount of payments due to you will be 520.0 thousand.
The only limitation is that 260.0 thousand rubles for the direct cost of housing can be paid to you at a time (provided that such an action will allow you to withhold and paid income tax). But 260.0 thousand for "mortgage" bank interest will be paid to you during the entire crediting period (if it is not yet completed).
It is important to emphasize that both spouses have the right to return 13% of the amounts paid for the purchase of a dwelling, provided that they are working and in good faith pay tax on the income received.
Persons who do not have the right to provide property deduction
- Working "unofficially", therefore, not paying income tax;
- Individuals entrepreneurial activity and using a simplified or patent taxation system;
- Citizens who have become owners of housing paid by other persons, which is confirmed by documents submitted for consideration (payment orders, checks, etc.);
- Persons who previously applied for a tax deduction to another or the same residential real estate, the cost of which is from 2 and more million rubles, as well as after deduction, for the accrued bank interest.
- Refuse to calculate the deduction may also be in the event that the applicant provides inaccurate information, or an incomplete set of documents required for registration of a tax deduction. In this case, you have the right to deduction from the moment you submit the missing documents or submit the correct data.
Refusal tax authority for other reasons is considered unlawful and can be appealed to higher structural units tax office or court.
The purchase of an apartment requires a serious investment from its new owner, which is why the return of interest on mortgages over the past years can be a significant help in a situation where every penny counts.
The legislator determines the rules and procedure for receiving part of the funds paid to the bank for the use of borrowed money. For information on how to correctly calculate the refund amount and when it can be received, we have collected for you in this article.
Before giving an answer to the question of how to calculate the amount of compensation due to the buyer of an apartment, it is necessary to understand who can even claim a refund of part of the money paid.
The recipient of funds can only be a citizen who has an official job, from the income from the performance of which his employer pays personal income tax. In this case, he will be able to issue a tax deduction, i.e. reduce the amount of income that is used to calculate the amount of tax. Obviously, the larger the deduction, the greater the personal income tax return you can get.
So, if you took out a mortgage and at the same time have permanent taxable income, you may well exercise the right to reimbursement of 13% of the costs incurred by you to pay interest on the mortgage.
The maximum deduction amount is RUB 3,000,000; this means that a maximum of 390,000 rubles can be returned. This rule has been in effect since 2014. There are no such restrictions for previously purchased real estate.
It should also be noted that not the amount of the mortgage loan is returned, but only 13 percent of the interest paid on it.
Refund of a part of paid interest on a mortgage: examples in numbers
Let's consider several situations that are quite common in practice.
We have been paying interest for a long time, how to get it in several years
For example, the apartment was purchased under an equity participation agreement with a mortgage loan in 2012. At the same time, the act of acceptance and transfer of housing was drawn up in 2014. It was in this year that the buyer had it.
So what is it that mortgage interest for 2012 and 2013 "burns out"? In no case! All this can be taken into account in the declarations, which can be drawn up starting from 2014 - the official year for receiving a return on an apartment. Let's deal with this in more detail.
Let's take, for example, that the loan amount was 1,000,000 rubles. Wherein interest rate the loan was set at 10.9%, and the length of the period during which the debt must be repaid was 10 years.
The amount of the monthly payment under such conditions is 13,718 rubles. Moreover, in the first months of loan repayment, the amount of interest is about 9,000 rubles and gradually decreases over time. The total amount of the overpayment for the entire crediting period will amount to 646,214 rubles - this is the amount that the employee's taxable earnings will be reduced by. The amount of the return will be: 646 214 * 13% = 84 007 rubles.
Now a logical question arises: for how many years and from what time can a deduction be issued in this case?
Unlike the usual property deduction, in which you can apply for a return of interest on a mortgage for 3 years preceding the year of purchase of housing, there is no limitation period for processing the return of part of the paid interest. This means that in the example we are considering, it is possible to issue a return of interest on a mortgage for all years, starting from 2012 (this possibility is indicated by the provisions of paragraph 4 of paragraph 6 of paragraph 3 of Article 220 of the Tax Code of the Russian Federation).
Important! You can return interest for all the past years, but registration of 3-NDFL declarations is possible only for 3 last years! It is in them that the total amount of interest paid on the loan is included.
If, for some reason, the buyer of the apartment missed the deadline for submitting the declarations, he can still receive a refund of mortgage interest for several years. To do this, you need to generate declarations in the form of 3-NDFL, and these documents must be created for each year separately. Now we will analyze everything in detail. 🙂
Suppose that all these years the borrower's wages have not changed (in practice, this situation is extremely rare, but this assumption will help us simplify our hypothetical calculations) and amounted to 20,000 rubles per month.
The total income he received over the past three years was 20,000 * 3 * 12 = 720,000 rubles. From this amount they were paid a tax in the amount of 720,000 * 13% = 93,600 rubles.
The amount of tax withheld for the last 3 years (93,600 rubles) in this case allows you to receive the entire refund amount (84,007 rubles) immediately (at a time).
This is a general calculation. Now let's get down to the details. How many declarations 3-NDFL need (and can) be drawn up in our example?
Example 1. We make 3 declarations
The salary of our hero is 240,000 rubles annually = 20,000 * 12 months salary. Personal income tax withheld for the year turns out: 31,200 rubles = 240 thousand * 13%.
Let's say it's 2017. In this case, we draw up three 3-NDFL declarations (for the previous 3 years):
- for 2014 we will be able to return personal income tax for the whole year: 31,200 rubles;
- for 2015 we will be able to return personal income tax for the whole year: 31,200 rubles;
- for 2016 we will be able to return personal income tax in part: 21,607 rubles.
If we add these numbers for all years (for 5 years), we get total amount, which is due for us to be repaid for the entire period starting from 2012, during which we paid the mortgage:
31 200 + 31 200 +21 607 = 84 007 rubles.
As you can see, nothing is lost!
Example 2. We compose 2 declarations
If the salary for the year is 360,000 rubles = salary 30,000 * 12 months. Personal income tax withheld for the year turns out: 46 800 rubles = 360 thousand * 13%.
Let's say it's 2017. In this case, we will be able to receive the tax deduction due to us for 2 years (let me remind you that we calculated the maximum possible amount to be refunded above RUB 84,007).
- for 2015 we will be able to return personal income tax for the whole year: 46 800 rubles;
- for 2016 we will be able to return personal income tax in part: 37,207 rubles.
If we add up these figures for these 2 years, we get the total amount that we are entitled to return:
46 800 + 37 207 = 84 007 rubles.
Example 3. We draw up 1 declaration
But if the salary of a citizen is solid, for example, the monthly salary is 90 thousand rubles. In this case, the income for the year will be 1,080,000 rubles = 90,000 * 12 months. Personal income tax withheld for the year will be: 140,400 rubles = 1.08 million * 13%.
And the citizen from our example can display and return all paid interest on a mortgage by making only one 3-NDFL declaration: for example, for 2016. After all, the income tax paid for the year exceeds the personal income tax that he can return for all the years during which he paid mortgage interest.
Example 4. What if you need to draw up more than 3 declarations
What should a citizen do if he receives a small official wages? For example, 17,000 rubles a month. In this case, for 3 years, he will be withheld income tax in the amount of 79,560 rubles. = (17,000 * 12 * 3) * 13%. And this figure is less than the one we want to return for the mortgage (we know it and is equal to 84,007 rubles).
In this case, whatever one may say, but only three declarations for the last 3 years can be drawn up. Let's say it's 2017. In this case, we display the following data in the documents:
- for 2014 we will be able to return personal income tax for the whole year: 26 520 rubles;
- for 2015 we will be able to return personal income tax for the whole year: 26,520 rubles;
- for 2016 we will be able to return personal income tax for the whole year: 26,520 rubles.
And we are left with an interest balance rolling over to the next year:
RUB 4,447 = 84 007 - (26 520 * 3).
Thus, after the end of the current year, in 2018 our friend will be able to make new declaration: already for 2017, where he will be able to include the remaining amount to be refunded. And if he continues to pay interest on the mortgage loan, then the amounts paid in the past 2017, which we could not take into account earlier, will be added to the balance.
To learn how to fill in interest at once for several years in the "Declaration" program, watch this video
Get a deduction for an apartment and mortgage right away
The described situation in practice does not always occur: when only interest is returned. Usually, in addition to the return of mortgage interest, home buyers draw up an “apartment” property deduction, which allows them to partially cover the costs of their own funds spent on the purchase of housing.
Income that allows you to simultaneously receive a deduction on the principal amount, as well as on the interest paid, is received by rare taxpayers. Therefore, as a rule, the deduction is drawn up in the following sequence: first, part of the funds contributed by the buyer for the housing is returned, and only then a refund of the money paid to the bank is issued.
With the above initial data (excluding the buyer's salary - let it be 100,000 rubles a month), and also provided that the total cost of the apartment was 2,500,000 rubles, the simultaneous return on the apartment and the mortgage is made out as follows.
The maximum tax deduction for an apartment or other residential property is 2,000,000 rubles, while 260,000 rubles can be returned (this is 13% of 2 million).
To this figure, you can also add the paid mortgage interest, for all the years they have made up, for example, 850,000 rubles, and 13% of them - 110,500 rubles. In total, we will be able to return 370,500 rubles = 260,000 (apartment) + 110,500 (mortgage).
Let's say it's 2017. In this case, we draw up three 3-NDFL declarations:
- for 2014 we will be able to return personal income tax for the whole year: 156,000 rubles. (this is 13% of annual earnings 1.2 million rubles = 100 thousand * 12 months);
- for 2015 we will be able to return personal income tax for the whole year: 156,000 rubles;
- for 2016 we will be able to return personal income tax in part: 58,500 rubles.
If we add up these numbers for all years, we get the total amount that we are entitled to return:
156,000 + 156,000 + 58,500 = 370,500 rubles. With such income, you can return the property deduction one-time as:
- with the purchase of an apartment or house;
- with mortgage interest.
If your income is even higher, then, accordingly, more amount income tax paid. This means that fewer tax returns can be filed.
The apartment has not yet been leased, but I already want to return the mortgage
If the taxpayer has a good memory, as well as some knowledge of the provisions current legislation, the possibility of a deduction may interest him too early.
Consider this situation. The equity participation agreement was signed in 2016, at the same time the mortgage was issued, and already in 2017 the house was commissioned and an acceptance certificate was received.
Today is 2017, and our citizen “logically” states: I want to receive a deduction for a mortgage for 2016. Alas! In this case, it is impossible to apply for a deduction for 2016. Tax office considers that reporting period, in which the taxpayer became the owner of the home, has not yet finished, and will refuse to pay him money.
If the ownership right was registered in 2017, then the first 3-NDFL declaration for the return of the property deduction can be submitted only at the end of the calendar year, that is, in 2018.
So our owner will be able to draw up a deduction for 2017 only in 2018. In this case, in a certificate drawn up in accordance with the 3-NDFL form for 2017, he will be able to reflect the following data:
- tax incentives for a purchased apartment;
- interest paid on the mortgage for 2016 and 2017.
The total amount to be returned will already depend on his annual income. If the salary is small, then the citizen will be able to return the rest of the money by applying to the tax office in future periods. And continue to do this annually until you receive the full amount of the due property return.
If you need personal advice or assistance in drawing up a 3-NDFL declaration, then feel free to visit our website "Tax is simple!". We work quickly and with pleasure!
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