The legislation takes into account the nuances of various casestransfer of rights to real estate. Accordingly, taxes are also paid on the type of transaction. If you currently have a gift for an apartment, the tax will be levied on you in the event that you are given a residential property. The tax rate is equal to 13% of the total cost of the gift.
If you decide to give an apartment to a close onea relative, namely a husband, wife, children, grandchildren, brothers or sisters, as well as a grandmother or grandfather, the tax will not have to be paid either to you or the person to be decorated. Just remember that in this case, a gift for an apartment, the tax with which is not charged, must be confirmed by a document certifying the blood relationship between the parties.
If you decide to sell an apartment, you needpay tax in the state treasury, because the transfer of the right of the object of capital construction, carried out through sale, involves the extraction of profits.
In case you are an owner of an apartmentmore than 3 years, provided that the income tax on the sale of apartments you do not have to pay. In addition, if you sell an apartment, the cost of which does not exceed one million rubles, you also do not need to pay this tax payment.
Consider the situation when you simultaneouslyone apartment is for sale and the second one is immediately acquired. If the fact of the transfer of the right is documented, a tax of 13% is taken from the difference in the values of the sold and purchased apartment. For example, you sell housing, the value of which is indicated in the contract of sale and amount to more than a million. Simultaneously, you buy an apartment, the cost of which is less than one million. In this case, 13% is paid from the amount equal to the selling price, minus one million rubles.
Similarly, the amount of tax is calculated when selling a garden house and a room in a communal apartment.
In the case when a gift for an apartment is drawn up, there is no tax on relatives, but family bonds are not taken into account when buying and selling.
If you decide to buy an apartment, you do not need to worry about paying the tax, because the income tax when buying an apartment by the buyer is not paid.
But you can return part spent onpurchase of housing funds. First of all, remember the main thing, all the title documents and the right to proof, especially in the case of buying an apartment in a new building on terms of participation in construction as a shareholder should be in your hands. You can file a tax deduction only when you pass the registration of the right and receive a certificate of state registration of the apartment.
The right of tax deduction is offered to citizensonce in a lifetime. After completing all the necessary documents with the tax authority, you will be credited with the specified amount in a non-cash settlement to the bank account after a while.
However, it is worth noting that at the moment you will be able to return the established 13% of the purchase price for only over two million rubles (the cost of purchased housing exceeds this amount).
To complete the deduction, you must providecertificate of ownership, a document that is the basis for registration of the right, as well as an act of acceptance and transfer of property from the seller to the buyer. In addition, from your place of work you will be asked for help 2-NDFL, confirming the payment of personal income tax by the employer.
In all cases of transferring the right it does not matter whetherthis is a sale or gift for an apartment, the tax must be paid in a timely manner, since failure to pay the statutory amount transferred to the state treasury is fraught with penalties. Everyone should remember that ignorance of the law does not absolve us from responsibility!
