Tax saving sale / purchase of apartments

Taxes in general - is a dense forest. A tax on real estate and transactions with it - dense forest with mines. The property features - in large amounts. And wrong decision entails huge amounts of their taxes or costs. It happened with Andrew, who in this "lost" 130 thousand rubles. Mom gave him a share of the apartment. It is definitely nice. But due to lack of knowledge in this area, they had a deal through the donation contract, rather than through a contract of sale. And now to him to sell his share, he must pay a tax of 130 rubles. Although tax could be zero. Not quite clear? Right. Today, therefore, we try to understand whether there is in this matter because we love and life hacking "plyushechki".

In this article we will talk mainly about the tax on personal income tax (PIT) and on transactions with apartments. Immediately indicates that we now discuss the general scheme of taxation of real estate issues. In future articles we will examine individual items of today's issue. According to the specifics and peculiarities of your case better just to consult a tax advisor in your town, and it is desirable, even in your area of ​​practice adopted by the tax office.

Try to understand the whole. For each circuit points labeled numeral is given below transcript, designated the same number. Clicking on the image, you increase it.

Let's start in order, purchase apartment:

1)Donation. You were given an apartment. Fine! According to Art. 217 of the Tax Code, income received as a donation is exempt from tax if the donor and donee are family members or close relatives in accordance with the Family Code of the Russian Federation (spouses, parents and children, including adopted children, grandparents and grandchildren, full and not full (t. e. having the same father or mother) brothers and sisters). Here are all these people in case of a gift tax is not paid. But keep in mind! If you are an apartment gives a relative who owned it for more than 3 years, then it is better that he sold it to you. Why? We understand in claim 5.

2) The remaining pay 13% of the full market value of the property. Freebie any state does not like.

3) This method state compensates us the cost of buying an apartment and stimulate the real estate market. Its essence lies in the fact that once in your life you are 13% of the price can be refunded, but no more than a total of 260 thousand (ie the price of the apartments up to 2 million rubles - if the apartment is worth more, the amount of compensation for all the same 260 thousand rubles). This bonus can be used only once in a lifetime. All of these benefits, there is one questionable aspect. Money not paid to you immediately. Moreover, they are paid at the expense of the amount of personal income tax that you have paid for the year. And more than one year. For example, you bought an apartment for 2.3 million. rubles. Firstly, the maximum price for the apartment for reimbursement = 2 million. rubles. Turns recoverable amount = 13% of 2 mln = 260 rubles. Next, your official salary is 5000 rubles. / Month. It turns out your monthly personal income tax = 650 rubles. (13% of the official s / n), and the annual PIT = 7800 rubles. So, for 7800 rubles and you will pay the 260 thousand rubles. Count yourself how many years) is therefore reasonable to make it in if you have a high "white" salary.

Sales of apartment:

4) This is the main life hacking. Possession of the apartment for more than 3 years frees you from personal income tax on the sale of the apartment. The date of the origin of time is the date of entry into the property rights specified in the registration of property rights certificate.

5) At this point everything is quite simple - You pay tax on the difference between the selling price of the apartment and the amount of expenses incurred for its acquisition. Therefore, oddly enough, your task - to increase the documentary value of the apartment for the purchase and the sale to lower. In order to pay less tax), but not get carried away. The tax may be assessed additional taxes, based on market prices for such apartments. It is generally recommended not to raise / lower a price of more than 20%. In that case, if you gave the apartment - you pay tax on the full value of the apartment. Therefore, the family apartment is better not to give, and to sell)

6) This pleasant opportunity the state gives us once for each property. Its essence is very simple - the selling price of the object is subtracted 1 million. rubles, the remaining amount is taxed 13%. That is, you have sold an apartment for 2.5 million rubles. Taxed only 1.5 million (2.5 ppm 1 mln). In that case, if the price of an apartment is less than 1 million rubles, the personal income tax is not paid at all. Keep in mind that the deduction is not tied to the person and the object! If, for example, you own only 50% of the apartments, you are entitled only to the 50% deduction, that is 500 thousand rubles.

In general, it should be remembered that one object with the purchase / sale of only one approach of your choice can be used - one that is more favorable. In future articles we will examine in detail each case individually. And in the comments to the article you can ask any questions that just will answer)