Families with children were allowed not to pay tax when selling an apartment. We analyze the new law

What tax are we talking about

Most of the income in Russia is taxed accordingly taxed. It is 13%. When a person sells real estate, he receives money from the buyer. This is also income, and it must be shared with the state.

Tax canTax Code of the Russian Federation Article 217.1. Specifics of exemption from taxation of income from the sale of immovable property not pay if you have owned an apartment or house for more than a full five years. The term is from three years, that is, from 36 months, if a person:

• privatized an apartment;
• received it as a gift from a close relative: parent, child, grandparents, grandson, brother or sister;
• received real estate as an inheritance or under a contract of lifelong maintenance with a dependent.

In addition, it is possible to sell real estate tax-free after three years of ownership if it is the only property in the property.

For example, a person inherited an apartment and decided to sell it for 3 million rubles. If he decides to do this in 3 years and one month after the entry into property, then he does not have to give anything to the state. If after 2 years and 11 months, then you will have to say goodbye to 390 thousand.

There are also legal ways to reduce the tax amount. There is a detailed information on this on Lifehacker material.

What has changed in the law

Now families who bring up two or more children under 18 (if they study full-time, then up to 24) are releasedFederal Law of November 29, 2021 No. 382-FZ "On Amendments to Part Two of the Tax Code of the Russian Federation" from the income tax on the sale of housing, regardless of the period of ownership. In this case, the innovation is valid if the owner of the sold apartment was the parent himself, or his spouse, or a child from such a family.

In other words, if the person from the example above has two children, then he can sell the house at any time - without tax. And save 390 thousand.

The innovation extends to rooms, apartments and houses or shares in them. But it is important that the property is residential. There are other restrictions as well. So, the family must purchase a new home in the same year that it sold the old one, or by April 30 next. In this case, the purchase should be larger in area or more expensive in cadastral valuethan the previous apartment or house. At the same time, the cadastral value of old housing cannot exceed 50 million.

In addition, family members must not own more than 50% of other real estate, which is larger than the one they bought.

When the law started to work

The law came into force upon publication on November 29, 2021. The good news is that it is retroactive and applies to year-to-date transactions.

That is, if a family sold housing in 2021, bought a new one and met the other criteria, the tax can be waived. If an apartment or house has already been sold, so as not to share money with the state, a new living space must be purchased by April 30, 2022. If the sale is to take place in the near future, it is more profitable to schedule it for January than for December. In the first case, the family will have a year and four months to find a new home, in the second - only until the end of next April.