Getting a mortgage interest deduction.  Personal income tax: deduction for

Getting a mortgage interest deduction. Personal income tax: deduction for "mortgage" interest. Documents for registration of deduction on mortgage interest

The return of interest on mortgages for previous years is a procedure that greatly helps to facilitate the process of buying a property.

However, in order for an individual to receive material compensation of this kind, he will need to comply with certain rules established by the Russian tax legislation. This article will discuss in detail all aspects that affect .

As a rule, if an individual acquires any property object on a mortgage, then in addition to repaying the principal value of the property, he is obliged to pay additional accrued interest. The reduction of the taxable base in this case is carried out in two stages - a separate registration of a deduction for the costs associated with paying the cost of housing, and a separate registration of a tax rebate for interest payments.

ATTENTION! Since mortgages are provided for various property objects, before submitting documents for the return of personal income tax, we recommend that you familiarize yourself with article number 220, located in the Tax Code, which regulates all issues related to the procedure for calculating property discounts.

Terms and conditions applicable to interest deduction

So that individuals do not waste their time in vain collecting and processing documentation for a return income tax for expenses that went to pay interest on a mortgage, we advise you to pay attention to the following conditions regarding the provision of a deduction of this kind:

  • You have to be a taxpayer. To receive a property mortgage tax rebate on interest, you must meet one mandatory condition - to be a taxpayer and pay personal income tax from all your sources of income on time.
  • Make invoices on time. Sometimes it happens that the taxpayer enters into a mortgage agreement with the bank much earlier than he receives the right to own property. In such a situation, interest rebate documents must be submitted no earlier than the year following the year of ownership.
  • The amount of the deduction must fall within the allowable range. The reduction in the tax base is usually calculated by finding 13% of the cost. However, do not forget about the maximum allowable limits. In this case, this is the amount of the deduction equal to three million rubles. That is, the maximum compensation is 390,000 rubles.
  • You can only claim a discount for paid interest. Many individuals who have partially paid off their mortgages are trying to get their income tax refund in advance. This process is not feasible because compensation for payment credit interest accrue only for payments made by the taxpayer.
  • Receive a property deduction for the first time. In some situations, individuals apply simultaneously for two types of mortgage tax credit - basic and percentage, but do not know that the deduction for the purchase of property is accrued only once in a lifetime. Therefore, if the taxpayer has already returned the tax for housing, then it does not make sense to draw up documents for a mortgage discount.
It should be noted that if, for example, an applicant for property compensation has been paying interest dues since 2010, received ownership of real estate in 2012, and started processing a reduction in the size of the tax base only in 2017, then when calculating the amount of expenses for mortgage interest you need to take into account the costs, starting with the very first payment.

How to return mortgage interest through the tax service

In order to receive legal compensation for mortgage interest payments, the taxpayer needs to contact the employer and demand the provision of some documents, some to arrange on their own, and some papers to take from the bank that issued the loan.

Then the applicant for reduction of the size of the taxable base must transfer all the collected documentation to the tax authority, which is located at the place of registration. And after the papers submitted for consideration pass desk audit, the duration of which is usually no more than 120 days, cash will go to bank card taxpayer.

How is the calculation of the deduction

The tax legislation has adopted one rule stating that an individual can receive in a year as compensation no more than the amount that was given to them in the same period. the state budget. In this regard, it is not advisable to issue a discount on mortgage interest until the individual is fully paid the main compensation.

Documents for income tax refund from interest

After the taxpayer has already taken advantage of the return of personal income tax on the main part of the loan and, accordingly, has already transferred all the papers necessary for this procedure to the tax office, literally several documents will need to be collected to return the interest on the mortgage. Documentation required to provide reimbursement for mortgage interest payments includes:


How often do you need to file documents with the tax office

In most situations, taxpayers do not use such an opportunity as a return on mortgage interest. As a rule, they are driven by the fact that the amount of the tax credit is insignificant, and it takes a huge amount of time to collect and submit documentation to the tax office.

There is one way to facilitate this process and still receive material compensation - this is the submission of documents for a deduction for several years at once. Thus, it is possible to draw up documents only once in several years, and indicate in them the total amount of expenses incurred by the taxpayer over several years at once.

Tax deduction when buying an apartment on a mortgage can be obtained not only from the cost of the apartment itself, but also from the amount of mortgage bank interest. The procedure for obtaining a deduction differs depending on when the mortgage agreement was concluded, because since 2014 there have been changes in the Tax Code regarding the property deduction.

Tax deductions and mortgages

Income tax deduction individuals is that wages and other incomes in the calculation of personal income tax are reduced by the costs associated with the purchase of housing. If personal income tax was paid, then it is reimbursed from the budget (in the part that was considered according to tax rate 13%).

The deduction for the purchase of housing is limited in size - it cannot be more than 2,000,000 rubles, while the cost of real estate and some other expenses are taken into account (subclause 3, clause 1, article 220 of the Tax Code of the Russian Federation). Additionally, a deduction is provided for interest on a loan taken specifically for the purchase of a residential facility (subclause 4, clause 1, article 220 of the Tax Code of the Russian Federation).

For more information on how to return personal income tax, see the material.

Mortgage is a form of lending in which a bank provides a borrower with a loan to buy real estate secured by this real estate. The mortgage agreement is targeted, it contains an indication of a specific residential facility. Accordingly, the interest paid on the mortgage can be deducted as part of the tax deduction. The fact that the apartment purchased with a mortgage is pledged until full settlement with the bank does not affect the deduction procedure.

A mortgage loan is usually granted for 10, 20 or more years. Property tax deduction buying an apartment with a mortgage not limited in time. A taxpayer can receive a personal income tax refund for several years until the loan is repaid or total amount bank interest will not exceed limit value, which since 2014 is 3,000,000 rubles.

Two types of deductions

property deduction until 2014, only 1 apartment was provided for the purchase, for the same object it was possible to declare a deduction for interest. Since the beginning of 2014, the terms of the mortgage tax deduction have changed radically ( the federal law dated July 23, 2013 No. 212-FZ). Both the old and the new editions have a prohibition on re-deduction, but it is applied in different ways.

In fact, there are currently 2 different types deduction. For mortgages issued before 2014, the old order. Updated Rules mortgage deductions apply to contracts entered into in 2014 and later. Let's look at these differences in more detail.

Tax deduction for mortgage interest "as usual"

Important feature tax deduction when buying an apartment on a mortgage before the amendments - there was an indication in the legislation that a deduction could be granted in relation to only 1 object. The price of the apartment and the interest on the mortgage were components of 1 deduction, therefore, it was allowed to receive a personal income tax refund from interest only if the deduction for the apartment was declared (letter of the Ministry of Finance dated February 24, 2015 No. 03-04-05 / 8507).

The fact that the taxpayer has expressed a desire to refund the tax for the apartment is the basis for the subsequent annual application, deducting the interest paid to the bank. Interest expenses are reimbursed without limitation of the amount during the entire term of the mortgage. A taxpayer who applied for a personal income tax refund on interest before the introduction of legislative amendments continues to declare a deduction in the same manner as before.

Example.Consider a situation where a taxpayer declared a property deduction for an apartment in a mortgage in 2013, but for some reason did not declare a deduction for interest. In 2015, you can claim a deduction for interest for the current year, as well as for missed years, but not more than 3 years (clause 7, article 78 of the Tax Code of the Russian Federation). Evidence of the right to a deduction will be an agreement indicating which object the loan funds were spent on, and a document stating that a deduction was provided for the purchase of this apartment. Such a document could be, for example, tax return 3-NDFL, for which personal income tax was reimbursed.

In the future, a deduction for interest paid can be claimed annually until the loan is fully repaid. The current limit on the total amount of mortgage interest does not apply in this case, because it only applies to residential properties purchased after 2014. Law 212-FZ does not apply to deductions relating to 2013 and earlier years. However, it should be taken into account that there are no clarifications from the competent authorities in relation to such situations.

Mortgage tax deduction under the new rules

After the adoption of amendments to the Tax Code, which entered into force in 2014, the right to return personal income tax on interest does not depend on the desire and ability of the taxpayer to use the deduction for an apartment. In this case, the percentage deduction is provided once, only for one object.

tax code does not limit the number of loan agreements, the main thing is that they be targeted. If, in addition to a mortgage, a citizen also has a target loan, the deduction can be claimed for interest on both agreements. However, in order to use the “new” deduction, mortgage agreements and agreements for the purchase of an apartment must be concluded later than January 1, 2014.

Answering the questions of personal income tax payers, the Ministry of Finance drew attention to the fact that if a citizen had previously used the deduction for the purchase of housing, and after 2014 he acquired another apartment on a mortgage, he has the right to use the “percentage” deduction. The only condition: when refunding personal income tax in connection with a previous purchase, interest should not be taken into account in the amount of the deduction, because this deduction is a one-time one (letters dated 12/16/2014 No. 8148).

For more information about changes in the procedure for receiving deductions, see the material.

Documents for obtaining a tax deduction for a mortgage

You can receive a personal income tax refund on the basis of documents that confirm the expenses of the taxpayer and his right to use the deduction.

Circumstance

What documents to confirm?

  1. Interest actually paid, their amount is reliably known and documented

Money orders

Checks, receipts

Bank statements

Bank statement on loan payments

  1. Loan received for the purchase of housing

Copy of mortgage agreement

  1. The loan was actually used to buy a home

A copy of the apartment purchase agreement

A copy of the certificate of registration of the right to the apartment

  1. Previously, the deduction for interest was not used

It is not required to prove this fact, the tax authority checks this circumstance according to its own data.

In a statement or cover letter to documents for the first provision of a deduction, it is advisable to indicate that you have not previously used a deduction for interest on loans or loans

The copies of documents named in the list are submitted to the tax authority at the first application for a deduction. In subsequent years, applying for a deduction for the next amount of interest for the year, you only need to submit supporting documents under item 1 of the list. It is not required to re-submit papers that you have already submitted to the tax office (letter of the Ministry of Finance dated 06/07/2013 No. 03-04-05 / 21309).

Where to apply to get a property tax deduction when buying an apartment on a mortgage?

The legislation offers the taxpayer a choice of 2 different ways to receive a deduction:

Option 1. Wait until the end of the year and submit a 3-NDFL declaration to the tax office (clause 7, article 220 of the Tax Code of the Russian Federation). The declaration for the purpose of obtaining a deduction is submitted according to prescribed form during a year. It must be accompanied by the supporting documents listed in the previous section. The tax authority will conduct a desk audit of the declaration and attached documents (this may take up to 3 months) and then transfer the personal income tax to the taxpayer's bank account.

If there is not enough income for the full amount of the deduction in the current year, the balance of the unused deduction is carried over to the next year. Consequently, a year later, the taxpayer again submits 3-personal income tax - for the unused balance of the deduction and the amount of newly formed interest expenses. This procedure is repeated annually until personal income tax is reimbursed in the due amount.

Option 2. Contact the tax office as soon as the certificate for the apartment is received. The inspector will review the submitted documents and within a month issue a notice indicating the maximum amount of the deduction. You will submit this document to the accounting department at the place of service. The employer will stop withholding personal income tax from wages and other payments until the end of the year. Those with 2 (or more) jobs can receive notices for each employer. Reimbursement of personal income tax in this case is made monthly in small amounts. Next year, you can again apply to the Federal Tax Service for a notification of the outstanding amount of the deduction and the resulting amount of interest, or submit a 3-NDFL declaration to the tax authority.

For information on receiving a deduction upon notification, see the material.

Results

  • The taxpayer has the right to property deductions from the cost of the apartment and additionally from mortgage interest.
  • The deduction for mortgage interest is provided only for 1 object worth no more than 3,000,000 rubles.
  • The deduction for mortgage interest can be received regardless of the deduction for the purchase of an apartment.
  • Taxpayers who have been refunding personal income tax on mortgage interest since 2013 and earlier continue to apply the previous deduction procedure.
  • The deduction can be obtained from the tax authority - according to the tax return or from the employer - on the basis of a special notice.

Unfortunately, not all people who have purchased housing under this scheme are aware that they can return 13% of the mortgage. We will tell you in this article how to return the due interest, what conditions for the return of funds exist and what restrictions there are.

What is a property tax refund?

Any citizen Russian Federation or a citizen of another state who legally works in Russia and pays tax on the income of a legal entity is entitled to receive a so-called tax deduction. A tax deduction is an amount of money that reduces the tax base by personal income tax.

The amount of such a deduction for the acquired residential premises is equal to the amount of expenses for its acquisition, but cannot be more than 2 million rubles. As a result of using the tax deduction, the tax base for personal income tax (the amount on which the tax is calculated) either decreases or becomes equal to zero. Consequently, the amount of tax payable is reduced. The amount of overpaid personal income tax body returns at the request of the payer.

Simply put, a person who officially works and pays income tax from his earnings, when acquiring residential real estate under an agreement mortgage lending has the right to receive back the amount of paid income tax in the amount of 13% of the value of housing.

It is important to note that the legislator has limited the cost of housing, which can be taken into account, to 2 million rubles. This means that when purchasing a living space worth, say, 3 million rubles, 13% will be calculated from only 2 million. If housing costs less than 2 million rubles, 13% will be calculated at its actual cost. You can collect the rest of your allowable income tax when you buy your next home. For example, if you bought an apartment, the cost of which is 1 million rubles, then you, respectively, can receive 130 thousand rubles. But since the maximum allowable amount for the calculation is 2 million, you can still get a deduction from the remaining million - when purchasing another dwelling.

Don't know your rights?

It should be noted, however, that the annual payment cannot exceed the amount paid for last year income tax. That is, if, as a result of using the tax deduction, you are subject to a refund of 260 thousand rubles, but last year you paid only 60 thousand rubles in income tax, then this year you will be able to receive only these 60 thousand. The remaining amount will be paid in subsequent years - also in an amount not exceeding the amount of tax paid.

How much is the mortgage interest paid back?

In addition to the tax deduction for the purchase of housing, you can also receive a tax deduction for interest on a loan spent on its purchase. At the same time, the legislator determined the maximum amount for calculating the tax deduction for interest on a loan - 3 million rubles. This means that regardless of the actual amount of interest on the mortgage, you can return no more than 390 thousand rubles. (3 million * 13%). If the amount of interest on the loan is less than 3 million, then the balance on them burns out. That is, in the future, if you take another loan to purchase a property, it will be impossible to deduct the difference between the amount of the previously declared interest deduction and its limit value.

Mortgage interest can be repaid as the interest is paid. Even if the loan is fully repaid and the interest tax deduction is not received in full (for example, in a situation where income is less than the amount of deductions), the rest of the deduction can be received in the next year. There are no restrictions on the number of years for which the balance of the deduction can be carried forward.

If purchased with a mortgage Residential Properties drawn up in a general fractional ownership(that is, housing is issued for all family members in equal shares), all working and adult citizens who pay income tax (for example, both spouses) can receive a tax deduction. It should also be said that parents, acquiring housing for their minor children, retain the right to receive a tax deduction, even if they themselves do not acquire the rights to this premises.

To receive a tax deduction, you will need to collect the following package of documents:

  • passport of a citizen of the Russian Federation or a foreign citizen,
  • certificate in the form 2-NDFL (issued at the place of work),
  • declaration 3-NDFL (filled in independently by the applicant),
  • documents confirming the actual expenses incurred (see How to fill out a declaration (personal income tax3) when buying an apartment?): contract, act of acceptance and transfer of residential premises, checks, payment orders, receipts, etc.

In addition, you will need to confirm the existence of a mortgage (submit a mortgage loan agreement), as well as calculate the amount of interest paid on the concluded mortgage agreement(this requires a certificate obtained from the bank). You will also have to prove that the apartment is really acquired as a property (certificate of ownership). If you are applying for a tax deduction for an apartment purchased by children, you will need to confirm the degree of relationship (present birth certificates).

You can get a tax deduction not only with a lump sum payment from tax office but also through the employer. In this case, in any case, you will need to contact the tax office at the place of residence with a full set of documents. After that, if you want to receive the total amount, you will need to wait from 2 to 4 months while the documents are considered.

If you want to receive through the employer, then the tax office will need to receive a notification confirming the right to receive property deductions and transfer it to your place of work. Based on your application, which must be accompanied by a notice received from the tax office, your employer will not withhold income tax from you until your income exceeds the amount of tax deductions indicated in the notice. If by the end of the year the employer is not able to provide you with tax deductions in full, then their balance can be obtained next year both from the tax office and from the employer. In order to receive the balance of the tax credit from the employer, you will need to re-apply and re-apply to the employer every year to confirm the eligibility for property deductions.

Everyone who decides housing problem a resident of Russia once in a lifetime receives two "bonuses" from the state. The first is a property tax deduction (refund of taxes paid) from the amount of 2 million rubles. The second is relevant for those who purchased real estate in a mortgage. This is the so-called interest deduction, or the opportunity to return 13% of the amount of interest paid on a targeted loan for the purchase or construction of housing.

On January 1, 2014, amendments to Article 220 of the second part of the Tax Code of the Russian Federation came into force, which made significant adjustments to the process of obtaining both deductions. We have already written about changes in relation to the property deduction. Recall: the main innovation is that the preference was "detached" from the property and made it possible to receive an unused balance on the next home purchases.

The change in mortgage interest deductibility isn't as drastic, but it's also pretty significant. The BN correspondent, with the help of the Federal Tax Service of the Russian Federation, tried to understand the nuances of tax legislation.

Unchanging conditions
First, let us briefly recall who and in what cases is entitled to receive a deduction on interest paid in the course of servicing a mortgage loan. First of all, the borrower must be a tax resident of the Russian Federation, that is, pay taxes to the budget at a rate of 13%. Consequently, citizens who receive a salary “in an envelope” are deprived of this preference. It will not be possible to use state assistance to business owners and individual entrepreneurs (their income is taxed at a different rate), as well as to those who do not pay personal income tax, for example, students.

The list of requirements in relation to the loan itself also remained the same, the burden of servicing which the state is ready to share. It is not at all necessary to get a loan from a bank - you can borrow money from anyone Russian organization or at individual entrepreneur. But the loan must certainly be targeted, that is, the contract clearly states that the borrower undertakes to spend the funds on the construction or purchase of an apartment, house or a share in them. In addition, if an apartment is bought on the primary market and is transferred to a shareholder without a fine finish under an agreement, a targeted loan can be used to purchase finishing materials and pay for repairs.

Imagine a situation: a bank refused to issue a mortgage, and a person had to take consumer credit. This loan, which is actually aimed at acquiring real estate, is not formally considered a target loan. And it will not be possible to reduce the amount of interest paid on it due to a tax deduction.

But if, due to changed economic circumstances, the borrower took a second loan to refinance the first target loan, the interest paid on it is also included in the tax deduction.

Finally, the third unshakable condition - housing must be located on the territory of the Russian Federation. And, of course, to be liquid - exactly the kind for the acquisition of which banks issue loans.

"Ceiling" for interest
Now about this year's innovations regarding the percentage deduction. The most important is the limitation of its maximum amount to three million rubles. Thus, from the taxes paid to the budget, a maximum of 390 thousand rubles can be returned this year. In the previous version of Article 220 of the Tax Code of the Russian Federation, there was no such “ceiling”.

Legislators have set a seemingly large amount of interest paid, from which you can get a deduction. According to AHML, last year the size of the average loan in the Russian Federation was 1.6 million rubles. Borrowers attracted more significant amounts only in St. Petersburg (the average loan, according to VTB24, was about 2 million rubles) and in Moscow (3.5 million rubles, according to Est-a-Tet). With this amount of loans for a period of seven to ten years, the amount of interest paid on the loan will not reach the "ceiling". But if a person, say, took a loan of 2 million rubles. and intends to pay it within 25 years, then by the end of the term, about 4.3 million rubles will run up. overpayments. And everything that is over 3 million rubles, as already mentioned, is not subject to tax deduction.

However, those who took loans before January 1, 2014 and continue to pay mortgages are lucky - this restriction will not affect them. The tax deduction for the repayment of interest on targeted loans received by the taxpayer before the entry into force of amendments to the Tax Code of the Russian Federation, as well as for the repayment of interest on loans received from banks in order to refinance a previously taken mortgage, is provided without taking into account the restriction.

In fairness, we note that the vast majority of borrowers still pay much less than 3 million rubles. mortgage interest. But, unlike the property deduction, the remaining interest on the next home purchase is not transferred. This benefit is granted once in a lifetime and only for one property.

Another innovation this year: in accordance with the new version of Article 220 of the Tax Code of the Russian Federation, the property deduction and the mortgage interest deduction were separated. If earlier both deductions had to be received together, when buying one object, now this is not a mandatory condition. First, a citizen can buy an apartment with his own funds and receive a property deduction. After a few years, taking a loan, improve their living conditions, and at the same time - to exercise the right to receive a deduction on interest paid. As explained in the letter of the Ministry of Finance of the Russian Federation dated September 13, 2013, “taxpayers are entitled to receive a property tax deduction for the costs of acquiring a property and a property tax deduction for interest expenses on a targeted loan (credit) aimed at acquiring the same object or other property."

Share amicably
Most of the questions when making a deduction, as a rule, arise in cases where the apartment is acquired by the spouses in shared or joint ownership. AT new edition Article 220 of the Tax Code of the Russian Federation seems to have additional prerequisites for discrepancies and ambiguous interpretations. It does not include a rule according to which tax deductions are granted to co-owners of real estate objects based on the amount of expenses of each person, confirmed by payment documents.

But, as confirmed by the Federal Tax Service of the Russian Federation, this does not negate the relevance of previously written letters from the Ministry of Finance of Russia on this issue. Both spouses are still entitled to the interest deduction, regardless of which one of them has documents for paying interest. If the apartment or house is registered as shared ownership, then the deduction for the mortgage loan, as well as for the loan received to refinance the mortgage, is provided to the owners in proportion to the shares.

If the housing is acquired in joint ownership, then the interest deduction is distributed between the spouses according to their written application (for example, 100 and 0%, 50 and 50%, etc.). In the old version of the Tax Code of the Russian Federation, the “mortgage” deduction was divided in the same proportion as the property deduction. But since since 2014 these preferences have been considered as separate ones, it can be assumed that there is no longer a rigid link between one deduction and another, and a separate application will be written for each of them.

Anytime
For the first time, you can claim a deduction for interest paid when submitting a declaration for the year in which the certificate of ownership of the acquired property was issued or, in the case of shared construction, the act of acceptance and transfer of the apartment is signed. This means that a person who buys real estate under construction can service a loan for several years before he begins to receive a return on the interest paid.

After that, documents for interest deduction can be submitted annually. But we must remember that it will begin to be paid only after the state pays off the property deduction with the buyer of the apartment. Therefore, you can not rush and apply for a percentage deduction after receiving the property. Or - after the full repayment of the loan. “The right to receive a tax deduction on interest is not made dependent by the Code on the moment of the final repayment of the loan and, accordingly, is retained by the taxpayer until the moment he applies for such a deduction in tax authorities. That is, the payer can exercise this right at any time convenient for him, as long as he bears the corresponding expenses for paying interest, ”the Federal Tax Service of the Russian Federation confirmed.

The list of documents submitted to the tax office at the place of residence is not long. To apply for a percentage deduction, you need a contract of sale, a certificate of registration of ownership. If the apartment was purchased in a house under construction, then an acceptance certificate is sufficient. In addition, you will need loan agreement With financial institution, a certificate in the form 2-NDFL, as well as a tax return for the reporting period.

Text: Elena Denisenko Collage: Vladimir Shcherbakov

According to the Tax Code of the Russian Federation, when buying real estate (apartments, houses, land plot) through a bank loan, You can return part of the previously paid funds. The tax deduction procedure when buying an apartment on a mortgage allows you, as the owner of the property, to receive a refund of income tax.

In the article, we will talk about what a personal income tax deduction is, what are the features of this procedure when buying real estate with a mortgage, as well as how a property owner can apply for a deduction and what documents are needed for this.

General provisions

The legislative basis for the tax deduction is the Tax Code of the Russian Federation, article "Property tax deductions". According to the Tax Code, a taxpayer who has bought real estate on credit through a mortgage and has income from the amount of which deductions are made to the budget for personal income tax in the amount of 13% can apply for a deduction. Both citizens of the Russian Federation and non-resident individuals that concluded labor contract, according to which income is paid and personal income tax is withheld.

You are entitled to receive a property deduction:

  • making out a mortgage for the purchase of an apartment, a room, a share of property in a new building, etc.;
  • receiving Bank loan for building a house.

The legislation allows you to get a tax deduction also for mortgage interest, and not just for the body of the loan. It is worth emphasizing that the loan application should be exclusively targeted. This means that you are entitled to a refund only if the purpose of obtaining loan funds under the contract is to purchase a home or build it. In the event that you actually spent funds for the purchase of housing, while in the contract bank loan consumer purposes are indicated, you cannot claim a tax deduction.

It is important to know that the cost of housing purchased from related persons (husband / wife, parents, other relatives, employer, etc.) is not tax deductible. They also cannot count on the deduction. legal entities(organizations acquiring real estate for production and other purposes), as well as individual entrepreneurs.

Basic principles for calculating the tax deduction

The amount of tax deduction that a property owner can claim depends on two indicators. The first - direct cost real estate (or the cost of building it). Second - the amount of personal income tax paid by the employer to the budget.

You can find out how much of a refund you are entitled to using the following rules:

  1. The total amount of the deduction cannot be more than 13% of the cost of housing that was purchased with a mortgage.
  2. The amount of the refund received by you for the year cannot be more than the amount of personal income tax paid for the same period.
  3. If you have issued a mortgage on real estate purchased before 2008, the deduction amount will not exceed 1 million rubles.
  4. Mortgage interest is fully refundable if the property was purchased before 2014.
  5. If mortgage funds were received for the purchase of real estate before 2014, then the base for the tax deduction can be an amount of no more than 2 million rubles, after 2014 - no more than 3 million rubles.

In addition, there are restrictions on the multiple use of the right of deduction. They are as follows:

  • if housing was purchased with a mortgage before 01/01/2014, then you can use the right to deduct only once;
  • if housing was purchased on a mortgage after 01/01/2014, then the right to deduct may be used multiple times, but the deduction base is limited to 2 million rubles. excluding interest.

Calculation of a tax deduction using examples

In order to clearly understand the system for determining the base of the property deduction and calculating its amount, we use examples.

Example 1

Individual Petrenko I.P. took out a mortgage in a bank in order to obtain funds for the purchase of an apartment. The money was received and the apartment was purchased on 01.10.2007. The value of the property was 1 million 318 thousand rubles.

According to the law, Petrenko can claim a tax refund in the amount of not more than 130 thousand rubles. (1 million * 13%). This is due to the fact that in this case the basis for the deduction is an amount not exceeding 1 million rubles.

Example 2

Citizen Solovyov K.R. issued by the bank mortgage in total 1 million 818 thousand rubles. On December 2, 2014, Solovyov bought an apartment with this money. On 11/08/2015, Solovyov bought a room, having also previously issued a mortgage. According to the contract of sale, the cost of the room was 575,000 rubles.

By contacting the tax authorities, Solovyov, following the results of 2015, will be able to receive a refund in the amount of 260 thousand rubles. (2 million rubles * 13%). Although total cost of the acquired property amounted to 2 million 393 rubles, due to legislative restrictions, the base for the deduction in this case is the amount of 2 million rubles.

Example 3

Individual Gracheva I.N. received money to buy a house in the amount 7 million 450 rubles. The funds were received from the bank on the basis of a mortgage lending agreement. The house was purchased on 04/02/2013. The amount of interest paid for the use of the loan amounted to 118 thousand rubles. During a year wage Gracheva, from which personal income tax was paid, amounted to 3 million rubles.

Grachev for 2013 will receive a tax deduction in the amount of 275 thousand 374 rubles. ((2 million rubles + 118 thousand rubles) * 13%), because according to the Tax Code, in this case, the base for the deduction can be an amount not exceeding 2 million rubles. At the same time, the amount of interest deductible is charged in full.

List of documents required for filing a tax deduction

In order to receive a property deduction when buying an apartment on a mortgage, it is necessary to provide documents properly executed to the fiscal service authorities. You should approach the procedure for collecting, processing and submitting documents responsibly and scrupulously, because any inaccuracy in the data or incorrect filling in the forms may deprive you of the opportunity to receive the desired refund.

The main document for the tax deduction on a mortgage is a tax return. Declaration form in the form of 3-NDFL in in electronic format You can find on the website tax service. If you do not have such an opportunity, then the 3-NDFL form can be obtained from the fiscal service, filled out on the spot and handed over to the inspector along with the rest of the papers.

Here is a list of documents that you also need to apply for a property deduction for a mortgage:

  1. Identity document. You must submit a copy of your passport, certified by your signature, to the tax authorities.
  2. Confirmation of the amount of income received and taxes paid (including personal income tax). This document provided in the form of a certificate in the form of 2-NDFL.
  3. Confirmation of the fact of the acquisition of real estate (contract for the sale of an apartment, equity participation in the ownership of a new building, etc.). Payment documents are attached to the contract, which certify that you are the payer for the acquired property. Also, a certified copy of the act of acceptance and transfer of real estate is submitted to the tax authorities.
  4. A document confirming your ownership of the apartment (certificate issued by Rosreestr).
  5. Bank agreement for you to receive target loan. We emphasize that the subject of the agreement can only be the receipt of mortgage funds for the purchase (construction) of housing. Otherwise, you do not have the right to claim a property deduction.
  6. A document confirming that you have paid interest on the mortgage. It is issued in the form of a certificate, you can get it at the bank by contacting it with a request. The certificate indicates the amount of interest that was paid by you during the year. You must submit the original certificate to the tax authorities.
  7. An application for the deduction of personal income tax for an apartment in a mortgage, in which you indicate the details for transferring the personal income tax refund. You need to transfer the original of this document, certified by your signature, to the tax service.

In order to ensure the promptness of processing payments for the reimbursement of personal income tax, as well as to avoid refusals and delays from the regulatory authorities, you should take care of the completeness of providing all required documents, as well as the correctness of their filling.

Step-by-step instructions for making a deduction

How do you get a mortgage tax deduction? There are two options - to issue a refund directly or through the employer. In the first case, you receive funds through the tax authorities, in the second - through the employer as an additional payment to the monthly payment of wages.

We will understand the procedure for refunding funds through the tax service using the example of step-by-step instructions.

Stage 1. Collection of necessary documents. The list of documents required for processing the income tax deduction is indicated above.

Stage 2. Transfer of a set of documents to the tax authorities. Documents can be submitted in person or by mail. In the first case, you hand over the papers to the inspector, who can check the correctness of their filling and completeness on the spot. If you are not able to hand over the documents in person, then they can be sent by mail by issuing a letter with a notification and attaching a list of attachments to it. Upon receipt of such a letter, the tax officer checks the documents with the inventory, and then signs the notification, confirming the fact of receipt.

Stage 3. Processing of documents by tax authorities. According to the legislation, the period of verification of documents should not exceed 3 months. Upon verification, the tax representative sends you a written notification of its results. If the answer is yes, then you can expect funds to arrive within a month after receiving the letter. If a refusal is received, then you should contact the inspector to find out the reasons.

If you have decided to apply for compensation through the employer, then, similarly to the above procedure, you need to collect documents and submit them to the tax office (stage 1 and stage 2), and then wait for the notification of the approval of payments. Upon receipt of a letter with a positive response, you need to transfer it to the accounting department (or other department involved in the payment of salaries) along with an application for the deduction of personal income tax. Based on these documents, the employer will carry out monthly additional payment in the amount of personal income tax. The term of payment is until the full deduction of the amount of the deduction.

Video: Getting a mortgage tax deduction in detail

Features of the military mortgage deduction

Particular attention should be paid to the possibility of using a tax deduction when state program"Military mortgage", thanks to which the families of a military man acquire an apartment at the expense of public funds.

Despite the fact that the purchase of housing for military personnel is financed from the budget, in this case a property deduction is also possible. A serviceman may apply for a refund if the cost of the purchased housing is partially paid by the state under the Military Mortgage program, and partially at his own expense.

In 2019, the total amount of the base for calculation tax break limited to 2 million rubles. For example, a tax deduction at registration military mortgage looks like this: if a military family purchased housing worth 5.5 million rubles, of which 2.5 million were paid by the state, and 3 million rubles. - at the expense of their own funds, then the homeowner can count on a return of no more than 260 thousand rubles. (2 million rubles * 13%).

In conclusion, I would like to note that the right to a property deduction when buying a home with a mortgage every officially employed citizen has. The main condition for receiving a refund is compliance with legal norms both in terms of paperwork and in terms of their submission to regulatory authorities.