Interest deduction. Mortgage property tax deduction

Every citizen of our country who has issued is entitled to a tax deduction.

But not everyone knows how to do it. What documents are required? What is the order of registration? What legislation governs?

Let's consider all this in more detail.

What is a tax deduction for mortgage interest. The legislative framework

Under the definition " tax deduction mortgage” means financial assistance from the state itself, which allows you to receive a certain amount, part of which was spent on buying real estate for yourself.

Due to the fact that the borrower will have to pay off a mortgage loan for quite a long time, the tax deduction will significantly reduce the financial burden on the budget.

If we talk about the legislation of the Russian Federation, then this question governed by such legislative norms:

• the Tax Code of the Russian Federation, in particular Article No. 220, which describes the process of obtaining a deduction for a mortgage loan;

At the same time, it is necessary to take into account the fact that according to latest changes in the legislation, this deduction can be received on the amount of actually incurred expenses for the payment of interest in accordance with the loan (credit) agreement, but no more than 3,000,000 rubles.

Terms of Service

Today, there is one key condition under which you can get this deduction, the loan must be targeted.

By this is meant the fact that the money that was provided by a particular bank, should be spent exclusively for the purchase of specific real estate, in relation to which the deduction is made, both for the principal body of the loan and for its interest.

At the same time, it must be taken into account that if the property was purchased in 2014, and the act itself was signed already in 2016, then it is impossible to receive the deduction directly from 2014.

It is worth noting that there are and other conditions, namely:

• the maximum limit on interest is 3 million rubles;
• the opportunity to issue a deduction can be no more than 1 time in a lifetime;
• the maximum amount of interest deduction is not more than 390,000 rubles;
• the acquired property must be located directly on the territory of the Russian Federation.

If we talk about the possibility of deduction for other loans, then it can be issued only for those loans that imply the targeted nature of the use of funds.

Registration procedure

Exists several design options this mortgage deduction, namely:

• through the employer
• with the help of tax authority.

In the first case, you must contact your employer directly, and the deduction will be issued as a supplement to wages. If we talk about the second option, then for this you need to directly contact the tax office.

If there are no problems with the employer, then we will consider algorithm for obtaining a deduction through the tax office:

List of required documents

In order to qualify for a mortgage loan deduction, you must have bank statement on the amount of accrual of the interest itself for the entire period of servicing this credit line.

In addition, this certificate must indicate the annual amount of interest payments.

In addition to this document need to prepare and others, namely:

It is imperative to remember that all documents are submitted in two forms - the original and copies.

The above documents are clearly indicated in the current legislation and therefore are the main ones for submitting them to the tax authority at the place of residence, including in Moscow.

Calculation of the amount of the deduction

Consider an example of calculating the deduction for a mortgage loan using an example.

Gribinyuk O. D. back in March 2014 bought real estate on a mortgage. According to the signed contract of sale, it cost him 7 million rubles. At the same time, a mortgage was issued for 3 million rubles of this amount with a crediting period of 15 years.

The banking institution accrued interest in the amount of about 1.5 million rubles. If we talk about Gribinyuk's income, then they have a figure of 900 thousand rubles.

Calculation process is as follows.

Without any doubt, it is clear that the cost of real estate significantly exceeds the amount determined by law for calculating the deduction for the main body of the loan. For this reason, the tax inspectorate made a deduction only in the amount of 2 million rubles.

2 million rubles * 13% = 260,000 rubles.

For implementation interest deduction calculations the following steps must be taken.

1.5 million rubles * 13% = 195,000 rubles.

Directly for the debt period itself personal income tax was paid:

900,000 rubles * 13% = 117,000 rubles.

The amount of personal income tax that was paid to the state itself is less than the amount that is due as a deduction for mortgage interest. According to these data, Gribinyuk will be able to receive a deduction in the amount of 117,000 rubles in 2016.

As for the rest of the payment, it will be paid in subsequent years.

Features of granting a tax deduction in different situations

With joint ownership

In the process of acquiring real estate in joint ownership, both spouses are entitled to receive a deduction. The amount is shared between them. by agreement.

In the event that there was no agreement, then, according to the current legislation, the deduction will be equal for them - 50% for each of them.

In this case, spouses can agree on a deduction for one of the spouses in the ratio of 100%. The share of the distribution of the deduction is indicated in the application itself, which is submitted to the tax office.

Besides, in the process of distribution It is necessary to remember some nuances, namely:

• the maximum amount of the deduction for each of the spouses cannot be more than 2 million rubles. At the same time, the maximum amount for a refund is 260,000 rubles;
• The application is submitted only once and it will not be possible to change it in the future.

With shared ownership

As in the previous version, shares can be distributed both by the legislation itself in equal proportions, and by the very agreement of the owners.

All that needs to be done is to indicate in the application itself the ratio of the proportions of the deduction. If this is not done, the proportions according to the Tax Code of the Russian Federation will be equal for everyone.

In this case, the application is also submitted only once and is not subject to any further adjustments.

Mortgage with maternity capital

Most of our citizens repay a certain part of the mortgage loan directly. At the same time, they take advantage of the opportunity to receive the corresponding tax deduction.

However, one small nuance must be taken into account here: in such a situation, you can receive a tax deduction exclusively on your savings. If to speak in simple words, then the calculation of the tax deduction is not taken into account.

The current Tax Code does not apply deductions to budget subsidies. This issue is clearly regulated by the Letter of the Ministry of Finance dated September 8, 2010.

military mortgage

It's no secret that it deserves special attention on the issue of tax deduction. This is due to the fact that such citizens acquire real estate for themselves, in fact, at the expense of the state.

But, despite this, it is still possible for citizens from the category of military personnel to receive a tax deduction for a military mortgage.

But there is a small nuance here: you can get a deduction for such a mortgage exclusively at your own expense, and not those that were paid at the expense of the state.

For example: a military family bought real estate worth 5.5 million rubles on a military mortgage. Of these, 2.5 million rubles were paid by the state itself, and the remaining 3 million were the personal savings of this family.

But, since the maximum amount is limited to 2 million rubles, the family has the right to count on a deduction in the amount of: 2 million * 13% = 260,000 rubles.

As you can see, you can get a deduction on any mortgage. Current legislation regulates this issue on the very high level, which allows us to talk about the opportunity for each family not only to reduce the financial burden on their budget, but also save a lot of money.

See the following video tutorial for how to get this deduction:

In many situations, after buying a home, Russian citizens have the right to compensate for part of the money spent, guided by the tax legislation of Russia. But not all people have information that they also have the right to a personal income tax refund from mortgage interest. To understand how to get a property tax deduction and what efforts you need to make, you should consider a similar issue in detail.

Who is eligible for compensation

First you need to know what a tax deduction is. It's about on reducing the taxation of all income of the taxpayer, from which he pays personal income tax. Accordingly, if a person does not make deductions from his income, then he will be able to apply for this benefit. In a situation where a citizen receives a salary, which is divided into official and "in an envelope", he will be able to receive a deduction only from the official part.

Also, this benefit can be used not only by people with Russian citizenship, but also by citizens of other states who have issued a permit for labor activity in Russia. A prerequisite for citizens of other states is the requirement that they stay on the territory of the Russian Federation for at least 183 days a year, that is, they must be residents.

Many individual entrepreneurs are interested in the question of whether they can use this right to such a privilege. If people of private business regularly deduct personal income tax to the country's budget, then there will be no barriers to making a deduction. But entrepreneurs who use the simplified taxation system, use a patent or pay an imputed tax, will not be able to receive this benefit.

Features of mortgage lending

Purchasing a home with mortgage lending and the payment of funds on it allow a citizen to return income tax on interest on a mortgage.

In such a case, the benefit implies several payments:

• Basic deduction. Absolutely similar to the standard payment for the acquisition of residential property. The maximum is 13% of 2 million rubles, regardless of the value of the acquired residential property. Issued after registration of property. A package of certain documents is submitted to the tax authority, after verification of which the owner receives cash.
• Interest tax. This means a return of 13% of the actually paid interest on a mortgage loan. The maximum amount in this situation is 3 million rubles, the property benefit should not exceed 360 thousand rubles.

Thus, the buyer who has taken advantage of mortgage lending has the opportunity to receive funds in both cases. The maximum amount will reach a total of 650 thousand rubles.

It is worth knowing that the right to receive a mortgage interest deduction arises at the moment the right to the basic compensation arises. It is allowed to include all paid interest in the benefits, even in the case of a mortgage loan a year before receiving the acceptance certificate.

There is no statute of limitations for income tax refunds on mortgage interest. You can receive funds at any time. However, the period for which the amount of the payment is calculated remains limited to three years.

Payment of property deduction for mortgage interest in full is possible in case of full repayment of the loan. If a citizen continues to pay a mortgage, the return is made annually at a rate of 13%, accrued on the amount of interest.

It is worth knowing that if the returned amount of funds is less than the maximum, then the unpaid balance is burned.

In the case of refinancing a mortgage loan in another bank, a person has the right to receive a deduction from interest under both one and the other agreement. It is important to note in the new document that it was issued for refinancing.

Where to go

To make a refund of income tax, a citizen can apply to several instances:

• Tax office at the place of residence,
• Official website of the Federal Tax Service,
• Multifunctional Center.

The tax office deals with all financial matters related to the payment of funds. Initially, it is necessary to submit a declaration in the form of 3-NDFL and an application for the return of property benefits. After confirming the right to return, a package of additional necessary papers is issued.

When contacting the MFC, a completed declaration form 3-NDFL is submitted, and then Required documents. It is worth noting that a person can use the services of any center throughout the country in view of the fact that they are not geographically tied.

The Federal Tax Service allows you to submit a request for a refund from mortgage interest on your own by submitting an application through an online account. To use this service, the taxpayer must have a login, password and electronic signature on the website of the Tax Service. You can get a username and password at any branch of the Federal Tax Service. To do this, you will need to provide an identity card and TIN. After receiving the required data, you need to go to the official website of the Tax Service and, by selecting the desired tab, receive an electronic signature. Upon completion of the steps related to registration in personal account, the taxpayer must complete the declaration and upload scanned copies of the required documents.

Required papers

The State Tax Inspectorate (STI) submits a package of certain documents required to receive compensation for interest on a mortgage loan. The following papers must be provided:

• Declarations in the form 3-NDFL for the years of work,
• Certificates of form 2-NDFL from the accounting department on income and income tax deductions for the working period,
• Employer's passport
• Beneficiary's bank account number,
• Documents for living space confirming the right of ownership - original and photocopy,
• Financial documentation confirming the payment of mortgage interest,
• A certificate from the bank with information on the interest paid, necessary for the tax service,
• Payment schedule - it is issued by a bank employee,
• Mortgage agreement.

Declaration in form 3-NDFL Certificate of form 2-NDFL Passport Documentation on payment of mortgage interest
Beneficiary's bank account number Registration certificate Mortgage agreement Payment schedule

When buying residential property in joint ownership, the spouses must provide additional paperwork:

• Marriage certificate,
• Statement of how the shares in the property will be distributed.

All documents must be properly formatted. One mistake can result in a refusal to return property compensation. If it is difficult to fill out the forms on your own, you can contact the special services involved in the preparation of these papers.

How to get a

Money can be received in two ways - through the tax office or through the employer. The choice of method remains with the owner of the property and depends on the amount and urgency of the return. Both methods should be considered in more detail.

Tax office

In order to return the property tax on interest, the necessary papers described above must be submitted to the tax office. It should be understood that it is better to bring documents in person. If an error is found in the papers sent by mail, the processing of the tax refund may be delayed for some time. In this case, the citizen who submitted the documents will be called personally to make changes and correct the mistakes made.

Verification of forms and copies is carried out within 90 days. After a positive decision is made, the funds are transferred to the owner's account within 30 days. Some tax authorities do not inform the person of a positive decision, but simply transfer the compensation. The notification is sent if the inspectorate does not have information about the recipient's bank account.

In the event that specialists from the Federal Tax Service make a negative decision and the taxpayer does not agree with it, then in such a situation the citizen has the right to appeal this decision in accordance with the legislation of Russia.

Through the employer

Mortgage interest property tax refunds can be made through the employer. This method is convenient for the full repayment of the loan. The tax office does not transfer any funds to a person, but the accounting department at the place of work does not withdraw income tax from his wages. This technique has its own specifics and features:

• No need to file tax returns
• You do not need to ask for certificates of income and income tax payments at the workplace,
• Not transferring funds from the tax service,
• In the accounting department, an application is made for receiving a property deduction at the expense of personal income tax withheld from the employee.

According to this method, tax refunds on mortgage interest are allowed in the year of acquisition of residential real estate.

Who has no right

There are several categories of citizens who are not entitled to receive property compensation from mortgage interest:

• unemployed pensioners,
• Persons who have already exercised the right to this type of property deduction;
• Businessmen working under special tax regimes,
• Women on maternity leave.

As for non-working pensioners, there is one exception that they can use. This privilege lies in the fact that this category of the population can apply for a personal income tax refund for three recent years that preceded their retirement. If the amount of interest payment exceeds personal income tax for these 3 years, you will not be able to get more under the law. But in most cases, pensioners who have official work do not have problems with the return of personal income tax. Working pensioners have the opportunity to receive a property deduction in a combined way.

The first part of the payment can be issued for the last three working years before retirement. To do this, it will be necessary to submit a declaration of income for those years for which the citizen expresses a desire to return his taxes.

The second part of the deduction can be issued by the employer according to the same rules that apply to all working citizens.

As a result, after completing all the steps related to paperwork, you can return a very considerable amount that was spent on paying interest on a mortgage loan.

You have the right to count on a refund of personal income tax when buying an apartment on a mortgage from the expenses you actually incurred, while it is important to understand that the mortgage loan taken is also considered to be your expenses.

Consider the situation of returning 13% of the mortgage from the cost of the apartment.

Example

Gordeev S.V. took a bank loan in 2018 and got a house for 1,940,000 rubles.

• The amount of the loan amounted to 1,552,000 rubles;
• own funds down payment 388,000 rubles.

Gordeev S.V. can return 1,940,000 X 13% = 252,200 rubles.

As can be seen from the example, the tax deduction from the down payment on the mortgage is obtained in the same way as from bank loans.

There are restrictions on the total amount, according to

Example

Margunov E.S. bought an apartment on a mortgage, the total cost was 2,450,000 rubles.

• The amount of the loan amounted to 2,120,000 rubles;
• own funds 530,000 rubles.

Margunov E.S. can only return 2,000,000 X 13% = 260,000 rubles. From the remaining 450,000 rubles. it will not be possible to receive a deduction, tk. exceeds the deduction limit.

Mortgage interest reimbursement

If the property was purchased after 2014

• Mortgage interest deductible up to 3,000,000 rubles;
• accordingly, you can return up to 390,000 rubles.

Example

Tarasov N.O. purchased an apartment in April 2014 with the help of bank loans, the total cost was 8,700,000 rubles.

• The amount of the loan amounted to 7,700,000 rubles;

By April 2019, the amount of interest paid will be RUB 3,042,000.

It would be possible to claim 3,042,000 × 13% = 395,460 rubles for a refund. But, because there is a limit, the maximum can be declared 390,000 rubles, the rest is non-refundable.

If the property was purchased before 2014

• There is no maximum mortgage interest deduction limit;
• accordingly, you can recover all interest expenses.

Example

Mikhailov V.V. formalized the ownership of the apartment in March 2007 with the help of bank loans, the total cost was 4,700,000 rubles.

• The amount of the loan amounted to 3,700,000 rubles;
• own funds 1,000,000 rubles;
• loan term 10 years, rate 14%.

By March 2017, the amount of interest paid was RUB 3,186,000.

You can get a personal income tax refund in the full amount of 3,186,000 × 13% = 414,180 rubles.

The norms of those years also apply, namely in the number of receipts:

• You can get a deduction for only one property;
• accordingly, you cannot transfer the balance of the deduction to other properties.

Example

Gorodov O.A. bought a house for 3,115,000 rubles in a mortgage in 2013. 4 years have passed and in 2017 he decided to get a deduction, because. If he acquired real estate during the period of the old norms, then he must follow them.

• Over the past 3 years, 279,000 rubles of personal income tax have been withheld from him.
• Paid out mortgage interest bank in the amount of 445,000 rubles. Of this amount, he has the right to return 13%, which is equal to 445,000 × 13% = 57,850 rubles.

Consequently, the Gorodova Oh.A. for return:

• 260,000 rubles from the main deduction for the apartment;
• 19,000 rubles for interest;

These amounts were returned to Gorodov Oh.A. based on tax returns for 2014, 2015 and 2016. The remaining 57,850 - 19,000 = 38,850 rubles. he has the right to return the tax by submitting 3-personal income tax for 2017.

Mortgage tax return documents

List of documents to get a basic tax deduction for an apartment on a mortgage:

1. 3NDFL declaration;
2. copy of the sales contract
3. documents confirming payment;

To get a percentage, you will additionally need:

1. a copy of the loan agreement with the bank;
2. bank statement indicating the amount of interest paid;
3. copies of payment documents confirming the payment of interest.

For a complete list of documents with detailed explanations, see "Documents for property deduction".

Conditions for a property deduction for a mortgage loan

Mandatory conditions for obtaining a property deduction on a mortgage:

• You must be a Russian tax resident;
• the acquired property must be located on the territory of the Russian Federation;
• the loan must be targeted;
• have taxable income for the last 3 years.

Mortgage tax deductions are not eligible for:

• people without official income for the last 3 years;
• people who bought housing from interdependents;
• Individual entrepreneurs on the simplified tax system and UTII who do not have income subject to personal income tax at a rate of 13%;
• employees whose property was purchased at the expense of the employer;
• people who purchased a property entirely with a housing subsidy.

Deduction and maternity capital

Using a maternity certificate does not deprive you of the right to receive a property deduction, but there are significant restrictions, and sometimes you even have to return the previously received deduction and possibly even receive fines from the tax.
If you purchased an apartment with a mortgage using maternity capital, then be sure to study the section.

When can I apply for a tax deduction when buying an apartment on a mortgage?

The term for applying for a deduction is unlimited in time, you can apply for it several years after buying a home. Before applying, the following prerequisites must be met:

• paid for housing (for example, at the expense of a mortgage);
• the right of ownership to the apartment has been issued, or an act of acceptance and transfer of real estate has been received if it is a new building.

If these requirements are met, then you can apply for a mortgage property deduction on time:

• Not until next year after the year of registration of the object or receipt of the deed of transfer, if you plan to receive a deduction through the tax service.
• At once after receiving the deed of transfer or registration of the object, if you receive it through the employer.

Payment term:

• 3 months after submission of documents, a cameral check is carried out;
• 1 month after verification, the funds are transferred.

Total: 4 months

Registration of a tax deduction when buying an apartment on a mortgage

To return 13% on a mortgage loan and return interest, you must:

1. collect a package of documents for property deduction;
2. fill out the 3NDFL declaration;
3. submit them to the tax office or receive a tax notice for the employer and submit it to the place of work;
4. get a refund on the mortgage and interest on your bank card.

Read more in step by step instructions"The process of obtaining a property deduction on a mortgage"

Tax deduction for mortgage interest for several years

It is not uncommon for cases when the main deduction for housing has already been received and it remains to receive only a return of interest. At your discretion, you can:

• receive a personal income tax refund every year;
• receive a deduction for several years at once;

Example

Dolgalev A.B. purchased a home in 2014, by 2017 he had already received the main deduction in full and now he can immediately receive a refund for all interest paid from 2014 to 2017, and then, at his discretion, he can apply either to the next. a year, or in a few years, when the amount of return for him will be more significant.

The main thing do not forget that you can return the taxes withheld from you only for the last 3 years.
Example

Golodets N.A. purchased a property in 2014, by 2018 having received the entire deduction for the apartment, he can receive a deduction from the interest paid in the period from 2014 to 2018, but he will be able to return only those taxes that were withheld from him in the period from 2015 to 2017.

When refinancing a mortgage

Mortgage refinancing is essentially a new targeted loan to replace the previous one, usually on more favorable terms.

Read more with examples in the special article "Deduction on military mortgage"

Tax deduction when buying an apartment in a new building with a mortgage

As for the mortgage and deduction in a new building, that is important feature for the return of interest on a mortgage, usually a loan for equity participation is received much earlier than the signing of the deed of transfer. However, you have the right to apply for the deduction of interest paid for the entire period of the mortgage, and not just from the moment the act was signed.

Example

Gasanov K.V. in December 2017, he purchased an apartment under an equity participation agreement in a house under construction with the help of a mortgage loan, the total cost of housing was 2,377,000 rubles.

• Loan amount - 1,900,000 rubles;
• own funds 477,000 rubles;
• loan term 7 years, rate 14%.

By December 2018, the house was commissioned and Gasanov K.V. signed the act of transfer, by this time the overpayment of interest will be 146,000 rubles.

In January 2019, he has the right to apply to the tax office for a refund of 13% of personal income tax from the expenses incurred to purchase an apartment in the maximum possible amount and for a refund of 13% of interest paid to the bank.

As a result, Gasanov K.V. can return:

• from the cost of the apartment 2,000,000 × 13% = 260,000 rubles.
• from interest paid 146,000 × 13% = 18,980 rubles.

In addition, people who bought housing in a new building have the opportunity to get back what they spent on repairs and decoration, if the contract states that the apartment was purchased without finishing.

But not for all repairs and not for all materials you can get a personal income tax refund, full list with explanations you will find in the section ""

Tax deduction when buying a house with a mortgage

In general, if you purchase a private house, cottage, townhouse in a mortgage, then the process of obtaining a deduction will be the same as the apartment described above, but there are nuances, you can find more details in the article "".

• If the contract of sale says that the house is not completed, or sold without finishing, then you can return the expenses for its completion and repair.
• If you are going to build a house yourself, in this case, you can also get a personal income tax refund. Read more in the article ""

Return and distribution of income tax to the co-borrower when buying an apartment

According to and, if housing was purchased on a mortgage with a co-borrower, then:

• You and the co-borrower are entitled to a deduction from the value of the share of the apartment;
• owners have the right to distribute the deduction for interest among themselves in any proportion upon confirmation of the fact of payment of funds to repay interest.

Example

Romanov I.A. in 2018, with the help of a mortgage loan, he purchased an apartment, with a total value of 2,333,000 rubles. Romanova V.A. acted as a co-borrower on the loan.

• The amount of the loan amounted to 1,889,000 rubles;
• each contributed 222,000 rubles each, for a total of 444,000 rubles;
• loan term 5 years, rate 14%.

By 2019, the Romanovs will pay interest to the bank in the amount of 146,000 rubles.

They turned to the tax office for a refund of 13% of personal income tax on the cost of the apartment, because. income for the last 3 years from Romanov I.A. was more, then he and his wife wrote an application for the distribution of the mortgage interest deduction of 80% Romanov I.A. and 20% Romanova V.A.

As a result, spouses can return:

• from the cost of the apartment at 2,333,000 × 0.5 × 13% = 151,645 rubles.
• Romanov I.A. from interest paid 146,000 × 0.8 × 13% = 15,184 rubles.
• Romanova V.A. from interest paid 146,000 × 0.2 × 13% = 3,796 rubles.

If mortgage payments were made only on behalf of one borrower, but were actually paid by the co-borrower too, then according to the documents confirming payment, the tax co-borrower can provide a power of attorney to transfer funds to the bank in payment of the mortgage. It indicates that the co-borrower transferred funds in such and such an amount, for example, to the main borrower to pay the mortgage.

Such a power of attorney is written in free form and does not require notarization.

Example

Golubev K.T. in 2014, he bought an apartment with his father in shared ownership. The main borrower was the father. By 2017, the amount of repaid mortgage interest amounted to 424,000 rubles, all this time the father transferred payments from his account to pay for the loan. So that the son could also receive a deduction, he wrote a hand-written power of attorney to his father, in which he indicated that the funds for repaying the loan, incl. RUB 212,000 were handed over to his father to pay off mortgage interest, he attached this power of attorney when making a deduction as confirmation of his expenses and received a personal income tax refund.

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Many Russian citizens miss their opportunities, in particular, to receive a deduction for mortgage interest. The state in some cases can return part of the spent funds back to its owner.

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One such return is personal income tax deduction. Every citizen is obliged to pay taxes, and regularly submit reports on their profits, and the operations that are associated with it.

Main information

The deductible amount of tax is applied in different areas. This can be a return on real estate transactions, on the purchase of medicines, paying for education, and much more.

Basically, for those citizens who work, the amount of tax payment is 13%, but it is paid by the employer when transferring wages on a monthly basis.

That is, in fact, working citizens receive 87% of the money actually earned. But there are also ways that you can use when making some transactions in which personal income tax was paid.

Initial concepts

Mortgage tax deduction - assistance from the state, which allows you to receive a certain amount, part of which was spent on acquiring real estate for yourself.

For the reason that the borrower will have to pay the mortgage for a long time, the tax deduction will greatly reduce the financial burden on the budget.

The main types of deductions for which every citizen has the right to apply for a refund:

Standard deductions	Applicable to the privileged category of the population, as well as parents with children
Social deductions	They represent a complex of several areas, such as - educational, medical and charitable and for owners of non-state pension funds
property deduction	This type of deduction can be received by any citizen when selling real estate or spending part of the money on the purchase of a new facility or its construction, as well as if a target loan is taken
Professional Deductions	Provided to owners of special professions engaged in business, private lawyers and notaries, and many creative professions that receive royalties and income for ownership of copyright

There is no statute of limitations for receiving the deduction, but the citizen must work and pay income tax.

It is not necessary to immediately apply for a refund, and you can wait until the main deduction returns, and only then start processing the interest.

Where to go

To receive a deduction, you must have an understanding of where this can be done. All deductions are issued by the tax office at the place of residence and to some other authorities.

You can apply to a citizen for a deduction for interest on a mortgage in the following companies:

Deductions have a set time at which a refund can be received, and in order to receive it, you must personally declare your desire by submitting the relevant documents.

Legal framework

Tax Code of the Russian Federation Art. 220 prescribes the rights and opportunities of citizens, and their features of obtaining a property deduction. Article 218 of the Tax Code of the Russian Federation describes the types of standard deductions, cases and amounts of their receipt.

Letter of the Ministry of Finance of the Russian Federation No03-04-05/20053 dated April 08, 2016 establishes the criteria for the possibility of obtaining a mortgage interest deduction.

The government explains that any loan agreement for the purpose of buying a home or building a house will be equated to mortgage lending, and the citizen has the right to receive a refund.

The main condition is the presence of an indication of this purpose in the loan agreement, otherwise, the citizen cannot receive a refund.

How to get a tax deduction for mortgage interest

Any citizen has the right to receive a tax deduction from mortgage interest 2019 from the moment they receive a document confirming the purchase transaction or.

To obtain it, you must contact the tax office, file a declaration, write an application and provide supporting documents. You can apply for a tax deduction.

Mortgage interest deductions are inherently related to the property type, as often people sell existing homes, pay a down payment, and purchase a mortgage on a new home, paying interest.

You can also get a refund from this operation. In this chain, to begin with, a part of the funds from the cost of housing is returned, and then they are treated with regards to interest.

The deduction when buying an apartment is actually no different from other types of deductions, and any citizen who has purchased real estate can receive it.

The amount of the refund on the paid tax can be maximum 2 million rubles, then the buyer can recover the amount of the tax base (13%) from the purchase, which will be 260,000 rubles.

The right to receive a citizen receives immediately after signing the contract of sale and the estate of the act of acceptance and transfer of this housing to his property.

The recipient can be not only one owner, but also several if the purchase took place with equity participation.

According to the concepts of income, when taking a mortgage on housing, borrowed funds taken from the bank are also considered income in equal measure, and are equated to one's own.

According to the laws, loan funds are considered the same expenses as any other. Interest deduction implies a return of the funds spent in the amount of 13%, which were used exclusively to pay off bank interest, while the main body of the loan is not included in this amount.

You can receive interest only for those past years that they have already been paid. If the citizen has not yet fully paid the interest, he can return part of the funds, continuing to repay the mortgage, and after some time has passed, apply again for a refund.

Refunds are only possible for past interest paid. But another option is also possible, at the end of interest payments, contact the inspection and get a deduction for several years. In this case, the declaration indicates the year in reverse order.

Conditions for registration

Mortgage interest tax deductions are available for:

• upon the fact of expenses for the acquisition of the object;
• the presence of a document proving ownership.

The deduction can be obtained without waiting for the end of the year through the employer, and if you are not in a hurry, you can do everything yourself at the end of the year by contacting the tax office.

If the purchase of housing is carried out in a house that is under construction, the right to housing arises from the moment of acceptance - transfer.

The procedure for issuing a discount

With mortgage lending, the state has additional privileges in the form of discounts. To apply for a discount, you must provide a certificate from the bank confirming the payment of interest on the loan.

But the discount can be obtained only on a part of the interest amount. The application indicates the period for which the citizen wishes to receive a deduction, indicates the calculated amount, and indicates the details for transferring funds.

You can only receive a deduction in a non-cash form. When asked when you can receive money, according to legal grounds, after submitting an application and documents, you can answer that the tax authority has a period of 3 months, during which the audit will be carried out.

Upon the expiration of the term and the correctness of all the data, the citizen will receive a transfer of funds to the details specified by him.

As for the 2-NDFL certificate, it is taken from the employer, and the 3-NDFL declaration is filled out in accordance with the norms, in a ready-made form that can be taken from the inspection.

Many are interested in the question of how many times you can get a refund. The law no longer limits citizens in the number of applications, but this is done at the end of the calendar year for the past.

List of required documents

The main documents for obtaining a tax deduction for a mortgage:

• declaration 3-NDFL;
• passport and TIN of the taxpayer;
• certificate from the employer 2-NDFL;
• statement;
• contract for the purchase of housing and a certificate from the state. registration;
• act of acceptance and transfer of housing;
• loan agreement;
• certificate of interest paid to the bank;
• documents or receipts confirming construction costs, if any, or checks for paying a loan;
• the details to which the tax office should make a refund.

Calculation of the amount of property compensation

The legislation provides for a limit on the costs that the state is ready to incur when making payments.

When purchasing an object, the largest amount considered when calculating the deduction is 2 million rubles. In total, the taxpayer needs to return the amount up to 260,000 rubles.

Features of the return of funds if two co-borrowers

With equity participation, everyone will be able to receive his tax deduction, taking into account the payment of income tax and the amount of earnings.

If one participant works and the other does not, the first participant will be able to receive a deduction if the amount of his income tax exceeds the amount of the deduction, and the second participant will only be eligible for the deduction after he gets a job.

Many people think that the only way to get a tax deduction is to take out a mortgage. However, a similar return can be obtained with any other loan agreements that purposefully went to the construction or purchase of housing.

Mortgage property deduction is a real chance to compensate, even if partially, the costs of a young family associated with the acquisition of housing. But not all families take advantage of this opportunity. This is primarily due to the fact that borrowers do not know about the possibility of receiving such payments. So, below we will discuss the question of how such a deduction is made out and what documents will be required for its execution.

Opportunities for deduction

Citizens of the Russian Federation, foreign citizens, legal grounds engaged in labor activity in our country and paying tax on the income of individuals. persons. This type of deduction is provided only once in a lifetime, in the amount of 13% of the amount of costs incurred by the applicant in connection with the acquisition of residential real estate, with the proviso that its value does not exceed 2 million rubles. This means that if the price of the purchased residential premises exceeds 2 million rubles, in any case, 13% will be accrued only on these 2 million rubles, which means that the maximum amount of the property deduction will not exceed 260 thousand rubles. It is also important to note that 13% of the present value of housing is returned only if the housing was purchased after 2009, the transaction made earlier, involves the calculation of the deduction only from real estate, the cost of which is 2 times less than mentioned earlier.

It should also be said that the parent of a child who has not reached the age of majority is also entitled to apply for this deduction. The point is that if the acquired housing was subsequently registered in the ownership of children, then the parent also has the right to receive a deduction.

The great news for those who own a home with a mortgage is that these people are eligible for a tax deduction. Moreover, this may apply not only to the value of the property itself, but also to the interest that you undertake to pay to the bank in accordance with the contract. The optimal amount of interest, which gives the right to a deduction, should not exceed 3 million rubles.

It must be said that you can apply to the tax office for the deduction due at any time, regardless of when you made the purchase of a home or concluded a mortgage lending agreement.

How is the deduction provided?

A property deduction for a mortgage can be allocated in a total amount and paid in a lump sum, or it can be paid fractionally. The fact is that the annual deduction in the total amount cannot exceed the amount paid by a certain citizen of income tax during the reporting year, when the purchase of residential real estate was made. For example, this is housing purchased in 2010 for 2 million rubles, then you should expect to receive a deduction in the amount of 260 thousand rubles. However, if the amount of income tax for this period you paid no more than 50 thousand rubles, then this means that you can only hope for this amount. The remaining money of the accrued deduction will be paid in subsequent years until its entire amount is repaid.

If we talk directly about receiving a property deduction for interest paid to the bank, accrued on a mortgage loan, then they can be paid at a time, but only if the mortgage is fully repaid. If payments on a housing loan have not yet been terminated, then an annual deduction is provided at a rate of 13%, accrued on the amount of bank interest actually paid during the year. The term of such payments is limited only by the term of the mortgage loan, as well as the optimal limit of the amount used to calculate the deduction, which is equal to 3 million rubles, the amount of the deduction itself will be 390.0 thousand rubles.

Mortgage interest deduction

Those who know firsthand what a mortgage is, they also know that with a long term of such a loan, you have to pay interest on it, the amount of which is a very “tidy” amount, they can reach up to 3 million rubles . If your credit conditions are exactly the same, then you should know that you have the right to apply to the tax authorities located at the place of residence to receive partial compensation for the incurred costs associated with the payment of interest.

To receive a deduction, you will first need to contact the bank and take a certificate stating how much interest will be withheld from you for the entire period allotted for repaying the mortgage loan, as well as interest to be paid annually. Based on the received bank document, the total amount of the property deduction due, as well as the amount of compensation, broken down by years, is calculated.

It should be emphasized that regardless of whether the limit on interest in the amount of 3 million rubles has been exhausted, the borrower has the right to provide a deduction for interest on a mortgage only once in a lifetime, and only in relation to a single residential property.

But the fact is that since 2014, the legislator has given citizens the right to apply for an additional charge of the amount of the deduction when buying a second (subsequent) residential premises, if the first one was purchased after 2009, and its cost was less than 2 million rubles. In this case, the additional accrual will be calculated already from the residual value of the maximum amount of the calculation. That is, if the first living space was purchased for a million rubles, and the amount of the deduction was 130 thousand rubles, then as a result of the acquisition of subsequent residential real estate, with a higher value (for example, for 3 million rubles), you can count on the remainder of the maximum deduction from the remaining amount, that is, another 130 thousand rubles.

Don't know your rights?

Documents provided for calculating the property deduction

1. First of all, of course, you will need a document proving the identity of the applicant. For Russian citizens - this is a passport of a citizen of the Russian Federation, and for foreigners - a passport of a foreign citizen or any document equivalent to that.
2. Declaration (form 3-NDFL) (See How to fill out a declaration (NDFL3) when buying an apartment?).
3. To confirm the withheld amounts of income tax, a certificate of form 2-NDFL is provided, it must be taken from the accounting department of your enterprise (organization, company). It should be said that income tax is paid only from a “white” salary, so if you have a minimum salary, get ready to receive a tax deduction in doses over several years.
4. You will also need documents that can confirm the costs incurred in connection with the acquisition of housing: this is a contract of sale, a certificate of ownership, an act of acceptance and transfer, a copy of the mortgage lending agreement and a bank statement on the interest accrued by the lender.
5. If the property was purchased for children, then official papers will be required that can confirm the relationship of the borrower with them.

Withdrawal through the employer

The deduction provides for payment in two ways: directly through the tax organization - by allocating the total annual amount, or through the employer through monthly additional payments.

How does this happen

If you plan to use the calculated deduction for a specific purchase, then of course, a more profitable option is to receive the entire amount at once at once. In such a situation, it is better for you to prepare the entire set of documents for submission to the tax authority and get ready to wait, from about 2 to 4 months, for a decision that the tax office must make regarding the granting of a deduction and transfer of money.

In order to speed up this process and if you have no special plans for these funds, you can get them at your enterprise. To do this, you will also have to apply to the tax office at your place of residence with the mentioned set of documents and receive an order, which subsequently must be submitted at the applicant's place of work. Based on such an order, the employer has the right to exempt you from paying income tax on income received, its amount will be paid to you on a monthly basis as an addition to your basic salary. Its size is calculated very easily - it is enough to calculate 13% of your "white" salary. It should be emphasized separately that such a method of paying a tax deduction is possible only until the expiration of a 3-year period from the date of purchase of a residential property. If during this period the accrued amount of the deduction is not paid to you in full, then in any case you will have to contact the tax authority for its “remainders”, then it remains only to wait for the receipts.

An example of calculating the amount of the due deduction

For example, an apartment worth 3 million rubles was purchased under a mortgage program. The mortgage is issued for 15 years, during this period the interest accrued on the loan is 2 million rubles.
In such a situation, you have the right to count on a property deduction calculated at a rate of 13% of the cost of housing, but not more than 2 million rubles - which is 260.0 thousand, and in addition to this amount, another 13% of 2 million ( that amounted to interest on a mortgage loan) - this is another 260.0 thousand rubles. As a result, the total amount of the payment due to you will be 520.0 thousand.

The only restriction is that 260.0 thousand rubles for the direct cost of housing can be paid to you at a time (provided that such action allows you to withhold and pay income tax). But 260.0 thousand for "mortgage" bank interest will be paid to you during the entire loan period (if it is not completed yet).

It is important to emphasize that both spouses have the right to return 13% of the amounts paid for the purchase of residential premises, provided that they carry out labor activities and pay tax on their income in good faith.

Persons who do not have the right to provide a property deduction

1. Working "unofficially", therefore, not paying income tax;
2. Engaged in individual entrepreneurial activities and using a simplified or patent system of taxation;
3. Citizens who have become owners of housing paid for by other persons, as evidenced by the documents submitted for consideration (payment orders, checks, etc.);
4. Persons who previously applied for a tax deduction for another or the same residential real estate, the cost of which is from 2 or more million rubles, as well as minus, for accrued bank interest.
5. They can also refuse to calculate the deduction if the applicant provides false information or an incomplete set of documents necessary for processing a property tax deduction. In this case, you have the right to deduct from the moment you submit the missing documents or submit correct data.

The refusal of the tax authority on other grounds is considered unlawful and can be appealed to the higher structural divisions of the tax inspectorate or to the court.