Taxation of real estate transactions. Real estate free ads

In all other cases of acquisition of property, its alienation is exempt from tax, provided that the period of ownership of the property is at least 5 years.
If a sale is made before the above deadlines, the seller will be forced to pay tax on the income received, which arises from the moment the money is received from the buyer.
How to calculate it? According to the law, as tax base 70 percent of cadastral value apartments. In this case, the cadastral value itself is determined as of January 1 of the year in which the buyer registered the property for himself.
This principle applies to real estate received by the seller after January 1, 2016. If the rights to the apartment were acquired earlier, the tax is calculated from the sale price. The same applies to situations where the cadastral value of the property has not yet been determined.
But let's return to the cadastral value. Let’s say the contract was signed in 2016, and the buyer contacted the Rosreestr branch at the beginning of 2017. Then the cadastral value of the apartment is determined exactly as of January 1, 2017.

The easiest way to find out the cadastral value is on the Rosreestr website. To do this, in separate fields you need to indicate the requested date, as well as the address of the apartment of interest.

You need to calculate the tax yourself. Data on the amount of real estate sold should be entered into the annual income tax return (3-NDFL). It is submitted before April 30 of the year following the one in which the transaction was made. The payment itself must be made before July 15. Otherwise, the person may face a fine of up to 20% of the tax amount.

Exchange between properties

In this transaction, each party is, from a legal point of view, the seller of their property. Consequently, both parties to the exchange agreement calculate for themselves income tax according to the above rules.

Inheritance and deed of gift

Let's start with giving. Receiving real estate as a gift is not subject to tax under one condition: if the property was acquired on the basis of a deed of gift issued by one’s immediate relatives. Her circle includes:

• spouse, parents, children;
• adoptive parents and their adopted persons;
• grandchildren, grandparents;
• sisters and brothers, including step-brothers.

An apartment (house) received as a gift from other persons requires payment of income tax on a general basis. We have already described the mechanism above.
Naturally, the author of the gift does not pay any taxes, since there is no income for him.
When there is a case with inheritance, then everything is much simpler. Real estate acquired in this way is not subject to tax. It does not matter whether the inheritance was formalized by law or by will. Also, the order of legal heirs, if any, is not taken into account.

Is it possible to reduce tax

In the case of the sale of an apartment or other real estate, the rule applies tax deduction. This means that the tax base can be reduced by a certain amount.
So, if we are talking about residential premises, then this is one million rubles. Accordingly, if the initial figure for taxation is less than this value, then no tax needs to be paid. When, say, as a result of calculations, the tax initially had to be paid on 3 million rubles, then using a tax deduction you can pay the tax on only two.
In the case of non-residential real estate, including garages, the tax deduction amount is 250 thousand rubles.
There is another option to reduce your income tax. It is allowed to take the difference between the income from the sale of real estate and the costs of its purchase as the basis for its payment. It is important to document the costs incurred.
In any case, it is important to correctly reflect all figures related to the tax deduction in tax return. And consulting a lawyer can help you do this. Moreover, the deadline for filing reports for 2017 is just around the corner.

Lawyers on the topic Tax in 2018 when concluding real estate transactions

The current fiscal legislation determines that any real estate transactions conducted on the territory of the state are subject to taxation. Thus, implementing real estate, the taxpayer is obliged to pay mandatory tax from the income received as a result of the transaction. Fixed rate tax is 13%. At the same time, the law provides preferential opportunities for making real estate transactions. Let's talk about everything in order.

Features of real estate transactions

The essence of taxation of income received is determined by the norms of the Tax Code of the Russian Federation. This law applies to both residents and persons without tax status. Income tax is calculated by multiplying interest rate for the amount received as a result of the sale of the apartment. However, often real estate is sold due to the need to expand the living space, and there is no talk of generating income.

Taking into account such features of transactions, the legislation defines such amendments as preferential property deduction. allows you to significantly reduce the overall tax base.

For potential taxpayers, the state offers two taxation schemes for real estate transactions, in particular:

• Taxation applies only to transactions whose income exceeds the 1 million ruble mark. All transactions with apartments whose value is below this indicator are not subject to tax;
• The state provides for the possibility of exemption from payment of tax on income received from sales. To do this, the taxpayer must own the property for at least three years.

Preferential deductions and optimization of the tax base

To apply for a preferential tax deduction, the owner of the sold property must provide necessary documentation, confirming all expenses (purchase agreement, estimate and project documentation, checks, bills payable, etc.). As for new buildings, you will definitely need an act of transfer of the apartment from the developer company to the investor-owner.

If you are planning to purchase real estate, you can also use preferential deductions and optimize your tax base. To do this, you must submit a corresponding application for return to the territorial fiscal authority. tax collections. And for apartments in new buildings, it is possible to include in the deduction amount expenses for interior decoration And .

In addition, transactions of donation of real estate between close relatives are exempt from tax payment.

Income tax - payment procedure

The procedure for paying tax on income received from the sale of an apartment is as follows. To the territorial fiscal authority ( tax service) before the current one expires tax period The following documentation is submitted:

• A certified and duly registered purchase and sale agreement;
• Actual confirmation of the transfer cash;
• Documentation confirming the fact of ownership of property in the relevant period of time;
• Completed income declaration form.

IMPORTANT

All due state budget taxes and payments must be paid before the end of the current tax period. Violation of these requirements entails liability established by law.

Responsibilities and responsibilities for taxation of real estate transactions

For owners of property being sold who actively evade paying taxes, current legislation provides for certain sanctions. First of all, these are measures of financial impact or, in other words, monetary penalties. Monthly interest penalties are 5% of the amount due. Multiply the amount of each overdue month by 5%, and you get the total amount of the fine, plus the tax itself. In this case, the amount of the fine should not exceed 30% of the total tax amount.

In addition, an increase in the period of delay will lead to a significant increase in the tax burden and an increase in penalties from the fiscal authorities. So after 180 calendar days the penalty rate will increase to 30%, and starting from the 181st day of delay, an additional 10% will be charged.

Here we can only draw one conclusion - taxes must be paid on time. This is the only way to avoid unpleasant surprises and penalties in the future.

A real estate agent says.

According to the laws Russian Federation Tax on the sale of property is paid by citizens if income was received as a result of the transaction. But there are other nuances of taxation when selling real estate that are worth considering. For example, the amount of tax depends on the status of the citizen, the value and nature of the real estate being sold.

Main features of taxation

By latest changes property sales tax individuals in 2017 is paid in the following cases:

• When selling an apartment that has been registered with the owner for less than three years;
• When selling vehicles that have been in the estate for less than three years;
• When selling a private house that has been owned for less than three years.

Properties registered after 2016 can only be sold tax-free after 5 years - meaning the minimum threshold has been significantly increased in line with the 2017 changes.

Amounts of taxes and some features of payments

Tax on the sale of property is paid in accordance with the following rates:

• For residents of Russia tax rate will be equal to 13 percent of taxes received;
• For non-residents of the Russian Federation, the tax rate is much higher - as much as thirty percent of the profit received.

This is important! The status of resident and non-resident is determined not only by citizenship. Thus, a Russian citizen can be recognized as a non-resident if he has a residence permit in another country. Or if a citizen lives in another country for more than 6 months. In turn, a citizen who has a residence permit in the Russian Federation can be recognized as a resident.

Only profits from the sale of real estate are subject to taxes. That is, the tax is not necessarily levied on the amount for which the real estate is sold. In this case, profit is recognized as the difference between the sale price and the purchase price, but only if the purchase price has been documented. If the documents have not been preserved, then the entire amount received by the seller will be recognized as profit, but it can also be reduced (this will be written about in the continuation of the article).

This video explains the main points regarding real estate tax payments upon sale:

How to avoid paying property taxes when selling?

Tax on the sale of property owned for less than 3 years is levied on all citizens who received a profit from the transaction. You can avoid payments in the following cases:

• If as a result of the transaction the seller did not receive any profit. That is, the price for which the property was purchased is equal to or less than the sale price. In this case, you will not have to pay income tax, since no profit was received. But only on condition that the seller has kept a document that confirms the value of the car (apartment, house) at the time of purchase. In addition, the amount that the owner invested in it can be added to the value of the property, also subject to the provision of relevant documents;
• If the profit from the sale of a car was less than a quarter of a million, that is, less than 250 thousand rubles. In this case, the seller has the right to use a tax deduction in the amount of 250 thousand . Only one tax deduction is allowed per year. When selling a private house or apartment, the tax deduction will amount to 1 million rubles, which is very significant. The deduction may not allow you to completely avoid payments (if it is more than 250,000 or 1 million, respectively), but will help reduce the amount of payments;
• If the property has been owned for more than three years (in some cases more than five - this is described above). In this case, the profit from the sale is not subject to taxation.

Filing a return and paying taxes

A citizen is required to declare the profit received as a result of a transaction no later than April 30 of the year following the year of the transaction (but not earlier than January 1 of that year). Declaration in mandatory All transactions in which property owned for less than 3 (or 5) years were sold are subject to this. Regardless of the need to pay taxes.

All documents that confirm the fact of tax exemption are attached to the declaration, and the amount of the tax deduction is also entered. If the property is older than three (or five) years, then there is no need to provide a declaration by law. Payments of taxes to the budget are accepted until July 15 (only after filing a declaration).

Examples of various transactions

1. The car was worth half a million at the time of purchase by the owner. 4 years have passed since the conclusion of the purchase and sale agreement. Since more than three years have passed, there is no need to pay property taxes and file a declaration.
2. The apartment was sold for ten million rubles. There was no information about its value at the time of purchase by the seller. Three years have not yet passed since the deal was concluded. In this case, the seller, when paying income tax, has the right to apply a tax deduction in the amount of one million. Due to the lack of documents on the cost of the apartment, the entire amount (that is, ten million) is recognized as profit. When using the million tax deduction, the profit on which tax is paid is 9 million. The tax is paid on this amount in accordance with the status of the citizen.
3. The owner decided to sell the private house two years after the purchase. He kept documents showing that the house was worth ten million at the time of purchase. The owner also kept documents confirming that additional money (half a million) was invested in the house. The owner decided to sell the house for 12 million. That is, his profit amounted to 1.5 million. When using a tax deduction of one million, the amount on which income tax will be charged when selling property will be only 500,000 rubles.

1.1. Favorite topic: paying taxes))))

Good afternoon, today we will talk about everyone’s favorite topic - paying taxes. Namely, about the payment of taxes when making transactions for the purchase and sale of real estate by individuals. As they say in America: “Only two things are inevitable - death and taxes.” Therefore, you need to know what taxes you are required to pay, what benefits the legislator provides you, be able to take advantage of the benefits and, accordingly, reduce the amount of taxes paid.

1.2. Taxes on the sale of real estate and Tax deductions on the purchase of real estate

There are two parties involved in a real estate purchase and sale transaction: the seller and the buyer. The seller is required to pay tax on the income received from the sale of real estate. The buyer has the right to take advantage of the property tax deduction and reduce the amount of tax paid.

2. Taxes on the sale of real estate.

Now let’s take a closer look at how tax is calculated and paid when selling real estate by an individual in 2015.

2.1. 2015

2.1.1. Payment of tax for ownership up to 3 years and exemption from payment for ownership over 3 years

If you sell real estate in 2015 that you have owned for more than three years, then you are not required to pay income tax on the income received. You also do not have to declare any income received.

If you sell real estate in 2015 that you have owned for less than three years, then you are required to declare the income received and pay income tax.

2.1.2. Tax rate - 13%

The tax is calculated at a rate of 13 percent.

2.1.3. How much do we pay tax on?

2.1.3.1. Option-1 Income - 1 million rubles

2.1.3.2. Option-2 Income - purchase expenses

Now let's look at how much (taxable base) the real estate seller has the right to calculate the tax.

Now we'll talk about the sale residential real estate objects:

- residential buildings,

- apartments,

- rooms,

- garden houses,

— land plots(we put it in this category due to the similarity of the calculus tax base).

The legislator provided the taxpayer with the opportunity to choose one of two options for calculating the tax base:

Option-1) Income received from the sale of real estate, minus 1,000,000 rubles.

If we are talking about sale of non-residential real estate, then here too the legislator provided the taxpayer with the opportunity to choose one of two options for calculating the tax base:

Option-1) Income received from the sale of real estate, minus 250,000 rubles

Option-2) Income received from the sale of real estate, minus the costs of purchasing this real estate.

Expenses for the purchase of real estate must be actually incurred and documented.

2.1.4. Tax return filing deadlines and tax payment deadlines.

A declaration of income must be filed by the seller of the property in tax authority until April 30 of the year following the year in which the property was sold.

Income tax must be paid by July 15 of the year following the year in which the property was sold.

2.2. What's in store for 2016?

In 2016, we will see the following, rather unpleasant changes in the calculation and payment of taxes on the sale of real estate.

2.2.1. Payment of tax for ownership up to 5 years and exemption from payment for ownership over 5 years

The preferential period for owning real estate, which allows you not to pay tax on income received from the sale of real estate, is being increased from 3 to 5 years. That is:

If you sell real estate in 2016 that you have owned for more than five years, then you are not required to pay income tax on the income received. You also do not have to declare any income received.

If you sell real estate in 2016 that you have owned for less than five years, then you are required to declare the income received and pay income tax.

2.2.2. Tax rate - 13%

The tax rate will not change in 2016. The tax will be calculated at a rate of 13 percent.

2.2.3. How much do we pay tax on?

2.2.3.1. Option-1 Income (but not less than 0.7% of the cadastral value) - expenses

2.2.3.2. Option-2 Income (but not less than 0.7% of the cadastral value) - 1 million rubles

In 2016, the legislator still provides the taxpayer with the opportunity to choose one of two options for calculating the tax base, but, combating the undervaluation of real estate in sales contracts, sets the lower limit for income from the sale of real estate in the amount of 0.7 of the cadastral value of real estate:

Option-1) Income received from the sale of real estate (but not less than 0.7 cadastral value), minus 1,000,000 rubles.

Option-2) Income received from the sale of real estate (but not less than 0.7 cadastral value) minus the costs of purchasing this real estate.

The deadlines for filing a tax return and paying income taxes when selling real estate in 2016 do not change. The taxpayer must submit a declaration for 2016 by April 30, 2017, and pay tax by July 15, 2017.

2.5. Tax on the sale of real estate is paid on the entire amount of Income if the real estate was used in business activities.

It must be remembered that the tax on the sale of real estate is paid on the entire amount of Income without reduction for tax deductions if the real estate was used in business activities. For example, an individual rents out an apartment and, in order to minimize tax, has registered as Individual Entrepreneur. From the moment of registration, an individual carries out entrepreneurial activity. When selling an apartment, tax will be paid on the entire amount of income from the sale.

Now let's move on to the taxation of the buyer of real estate and the one who builds a residential building.

3. Tax deductions for the purchase and construction of real estate.

3.1. 2015

3.1.1. Tax deduction in the amount of actual expenses incurred for new construction or the acquisition of residential houses, apartments, rooms or shares in them, the acquisition of land plots for individual housing construction and land plots on which the purchased ones are located residential buildings(2 million rubles).

The Tax Code provides for an individual who builds or purchases a residential building, the right to take advantage of a tax deduction in the amount of actual expenses incurred for new construction, but not more than 2,000,000 rubles.

3.1.1. Expenses for new construction or purchase of a residential building

The legislator has established a closed list of expenses for new construction or purchase of a residential building. These include:

1) Expenses for the development of design and estimate documentation;

2) Expenses for the purchase of construction and finishing materials;

3) expenses for the purchase of a residential building, including unfinished construction;

4) expenses associated with construction work or services (completion of a residential building that has not been completed) and finishing;

4) Costs of connecting to electricity, water and gas supply and sewerage networks or creating autonomous sources electricity, water and gas supply and sewerage.

Important to remember! In order to deduct the costs of completing and finishing an acquired residential building, it is necessary that the agreement on the basis of which the acquisition of an unfinished residential building was made contains a condition on the acquisition of a residential building without finishing.

If an individual purchases an apartment, room or shares in them, then it can take advantage of a property tax deduction in the amount of actual acquisition costs incurred, but not more than 2,000,000 rubles.

3.1.2. Expenses for purchasing an apartment, room or share in them

The actual costs of purchasing an apartment, room or share in them may include the following costs:

1) Expenses for the acquisition of an apartment, room or share in them or rights to an apartment, room or share in them in a house under construction;

2) expenses for the purchase of finishing materials;

3) costs of work associated with finishing an apartment, room, as well as costs of developing design and estimate documentation for finishing work.

Important to remember! In order to deduct the costs of finishing the purchased apartment or room, it is necessary that the agreement on the basis of which the acquisition of the apartment or room was made contains a condition on the acquisition of the apartment or room without finishing.

The Tax Code also provides a tax deduction for an individual who acquires land plot provided for individual housing construction, or land plot on which a residential building is located. A tax deduction is provided in the amount of actual purchase expenses incurred, but not more than 2,000,000 rubles.

It must be taken into account that when purchasing land plots provided for individual housing construction, a tax deduction is provided only after an individual receives a certificate of ownership of a residential building. That is, you bought land, built a residential building, registered ownership by receiving a certificate of ownership from Rosreestr, and only then can you contact the tax authority to receive a tax deduction.

3.1.2. Tax deduction in the amount of expenses actually incurred to repay interest on targeted loans (credits) actually spent on new construction or the acquisition of residential houses, apartments, rooms or shares in them, the acquisition of land plots for individual housing construction and land plots on which the purchased residential buildings are located (3 million rubles).

Another tax deduction that provides tax code- this is a tax deduction in the amount of expenses actually incurred to repay interest on targeted loans (credits) actually spent on:

- new construction of residential buildings

- for the purchase of residential houses, apartments, rooms or shares in them,

— acquisition of land plots provided for individual housing construction,

— acquisition of land plots on which the purchased residential buildings are located.

This tax deduction is provided in an amount not exceeding 3,000,000 rubles.

To obtain it you must have:

- a targeted loan (credit) agreement, that is, your agreement with the bank must indicate that the loan (credit) was received for the construction or purchase of a specific property,

- documents that confirm the fact of payment of funds to repay interest on the loan (credit),

— contracts for the purchase of a residential building, apartment, room, land plot,

- certificates of ownership of a residential building, apartment, room, land plot,

- documents that confirm that an individual has incurred expenses for paying for the purchased property, for paying for the work of contractors for the construction of a residential building, for purchasing building materials.

These could be:

- receipts for receipts cash orders,

— bank statements about the transfer of funds from the buyer’s account to the seller’s account,

Commodity and cash receipts,

— acts on the purchase of materials from individuals indicating the address and passport details of the seller,

— as well as other documents drawn up in the prescribed manner and confirming the expenses incurred.

The list of documents that must be provided to the tax authority will be different in each specific case of real estate acquisition.

Separately, I would like to draw your attention to the fact that this deduction can only be issued for interest actually paid.

Thus, when buying a home with a mortgage maximum deduction can be: 5,000,000 = 2,000,000 (purchase costs) + 3,000,000 (loan interest)

3.1.3. When are tax deductions available?

Tax deductions are provided:

3.1.3.1. When a taxpayer submits a tax return to the tax authorities at the end of the tax period

The tax period is calendar year, the deadline for filing a tax return is April 30 of the year following the reporting year.

3.1.3.2. Before the end of the tax period, when submitting a written application to the employer

If a taxpayer wishes to take advantage of a tax deduction before the end of the tax period, he can apply to the tax authority with an application to issue confirmation of the right to a tax deduction. In this document, the tax authority will indicate the amount of the tax deduction and the name of the employer from whom the taxpayer will receive the tax deduction. Next, the taxpayer submits a written application to the employer and receives a tax deduction, which consists in the fact that the employer does not withhold income tax from the taxpayer on the amount of wages.

3.1.4. How many times can I use the tax deduction?

The tax deductions for purchasing a home that I talked about today can be used once in a lifetime. Re-submission is not allowed!

Of course, it is impossible to talk about all the nuances of taxation of real estate transactions in a short review format. Therefore, before making a real estate transaction, consult with tax lawyers. They will tell you:

- what taxes you are required to pay,

— what provisions must be included in the contract to obtain a tax deduction,
— what documents you must collect and submit to the tax authority in order to receive a tax deduction.

Besides, tax legislation is constantly changing, legislators do not let us get bored, so in order to find out the rules in force at the time of the transaction, it is also important to contact lawyers.

Boytsova E. A.

Lawyer of the Moscow Bar Association

"Center for Legal Expertise"