Is it possible to get taxes back for buying a summer house? How to get a tax deduction for buying a summer house? I sold my dacha but I want it back
In some cases, when purchasing a plot of land, it is necessary to obtain the consent of the spouse. Read more about this in.
How is a preliminary agreement terminated?
Most often used in cases where . If it is necessary to terminate it, then, since no legally significant actions take place on its basis, its termination occurs in a simple way.
However, it must be remembered that the advance payment can be returned, but the buyer will not receive it back, since it acts as a pledge (or guarantee) for the conclusion of the contract, and the seller can dispose of it at his own discretion.
Termination of the preliminary purchase and sale agreement can occur in simple written form and without the participation of a notary. However, for the parties to be more confident in completely releasing themselves from their obligations, notarization will not hurt.
Termination of a purchase and sale agreement is a process no less troublesome than its conclusion. However, thanks to its careful regulation by the Civil Code of the Russian Federation, it can be carried out quite easily. The main thing in this case is to fully comply with the requirements of current legislation.
A husband and wife - let's call them Andrey and Zhanna - decided to sell their unfinished house and land. A buyer, Boris, was found quickly: the couple’s dacha looked very good. We agreed on a price, drew up the paperwork, and Boris became the owner of the property. But not for long. Andrei and Zhanna, as if coming to their senses, felt that they had sold too cheap. Perhaps relatives and friends convinced them of this. One way or another, the couple decided to regain their dacha by any means possible. They didn’t skimp and hired a good lawyer to find the necessary clues. And imagine, the lawyer managed to achieve a decision from the district court in favor of his clients. How?
The trick failed
(from the magazine “Homestead farming” No. 3, March 2009)
A husband and wife - let's call them Andrey and Zhanna - decided to sell their unfinished house and land. A buyer, Boris, was found quickly: the couple’s dacha looked very good. We agreed on a price, drew up the paperwork, and Boris became the owner of the property. But not for long. Andrei and Zhanna, as if coming to their senses, felt that they had sold too cheap. Perhaps relatives and friends convinced them of this. One way or another, the couple decided to regain their dacha by any means possible. They didn’t skimp and hired a good lawyer to find the necessary clues. And imagine, the lawyer managed to achieve a decision from the district court in favor of his clients. How?
On behalf of Zhanna, a lawsuit was filed against the defendant - Andrey and a third party - Boris for recognition sales transactions invalid real estate, application of the consequences of invalidity of the transaction. On what basis? And, they say, her husband Andrei, without her knowledge and consent, sold Boris a disputed home ownership, which is their jointly acquired marital property (I will explain to readers that such consent, and notarized consent, really had to be obtained). The defendant, Andrey, naturally acknowledged his wife’s claims – it was a common interest. And the third party, of course, did not agree with this and filed a counterclaim against the spouses to recognize him as a bona fide purchaser of the property.
But, as already stated, the district court decided in favor of the spouses and ruled that each of the parties must return the other is everything received under the transaction. Boris filed a cassation appeal with the regional court, but this instance also considered that the deal should be declared invalid with all the ensuing consequences. And yet Boris did not give up: he filed a supervisory complaint with the Supreme Court of the Russian Federation. And he achieved his goal.
It turns out that for some reason the district and regional judges did not take into account that Boris had completed the house, and spent about 500 thousand rubles on this. And from this it follows that the subject of the dispute was not an unfinished house, but, as lawyers say, a modified property. The court had no right to ignore these arguments, since in accordance with Part 2 of Article 167 of the Civil Code of the Russian Federation, when returning property in kind, its condition must be taken into account. Improvements made to the property that increase its value must be reimbursed by the party to whom the property is returned. Failure to apply restitution is a serious violation of the law.
But the most important thing: the judges did not attach importance to some very significant circumstances related to the acquisition of a plot of land by the spouses and the construction of a house. Meanwhile, from the text of the purchase and sale agreement concluded between Andrey and Boris, it is clear that land plot belongs to the seller - Andrey on the right of ownership based on the resolution of the head of the administration of the village council dated December 2, 1992, and the unfinished residential building belongs to him on the right of ownership on the basis of the resolution of the head of the administration of the same village council dated December 28, 1992. This is also confirmed and a certificate of state registration of rights, issued already in 2005. It turns out that the land plot and the unfinished house are not common property spouses (not their joint property), but the property of Andrey alone. Therefore, Zhanna’s consent to the sale of real estate was not required.
In general, both the decision of the district court and the ruling of the cassation instance canceled, and the case will be reviewed by the district court. We can say that the spouses’ cunning was unsuccessful; they wasted money on a lawyer.
Until recently, it was possible to return 13% of the price of purchased real estate only when purchasing or building an apartment, room, residential building or part thereof. Now a tax deduction is also provided when purchasing a summer house. Both the plot and the house are real estate objects.
If the cost of each object exceeds 2 million rubles, then they can be registered separately for different persons so that everyone can receive a deduction. If the cost of a plot with a house is within two million, then in the purchase and sale agreement for a dacha it is better to register the object as a “single real estate complex” or “a plot of land with a house.” A person who is officially employed, for whom the employer pays income tax, can return 13 percent of the cost of the dacha (maximum 260 thousand rubles).
Essentially, a deduction is a refund of income taxes paid.
How to return income tax when buying a summer cottage?
When purchasing an apartment (house, room, land plot for individual housing construction), a citizen has the right to return part of the money spent on it.
That is, the home buyer has the opportunity to take advantage of the property tax deduction. the amount of which is 2 million rubles. Let us turn to Article 220 of the Tax Code, which tells us that the tax deduction is applicable only in the case of the purchase of housing.
What is a tax deduction when purchasing land?
The plot must be purchased for individual housing construction (IHC) with documentary evidence of the permitted use of the land and have a structure suitable for habitation on the territory.
That is, if you bought a residential property, that’s it, you can return your personal income tax. Let us cite the explanations of the Ministry of Finance, which expressed its opinion in letter dated October 29, 2010 No. 03-04-05/7-652 - “if a garden house meets the requirements for residential premises and is recognized as a residential building on the basis of the conclusion of an interdepartmental commission, then its owner has the right to receive a property tax deduction.”
The deduction is received after state registration of residential real estate when it is purchased simultaneously with a land plot or after construction. The owner of the plot can receive a deduction if he has official income. The amount of previously withheld personal income tax is paid from the budget when earlier personal income tax deductions are made from wages received. If the amount of income is less, the unused balance of the deduction is used in the next year (years), and the personal income tax withheld during the period must be returned to the person upon application.
After 2014, the deduction can be applied to several real estate objects - a house, apartment, room, land plot within the limit established by law.
Have you bought a cottage or an apartment? Save on taxes!
If you are lucky enough to purchase a country house and (or) a plot of land, then, having closed the summer season, you can begin collecting documents to apply for tax benefits.
The person who bought the apartment will also be able to save on taxes. How to navigate complex tax legislation in order to get the maximum benefit?
Let's look at typical situations from practice. First of all, it is worth keeping in mind that today the maximum tax deduction for the purchase of real estate is 2 million rubles (Article 220 of the Tax Code of the Russian Federation). The essence of the benefit is that the state returns a 13 percent income tax on the amount that a citizen spent on the purchase of an apartment or dacha, land plot or on the construction of a country house.
Since it is allowed to write off up to 2 million rubles as preferential expenses, then, accordingly, you will be able to receive a maximum of 260 thousand rubles (the same 13%).
Buying a dacha return of income tax
Every citizen who has purchased a home has the right to apply for a tax deduction for the purchase of residential premises once in their life. I am often asked in letters how to get it and what documents need to be collected. By law, the state is obliged to return 13% of the price of the property we purchased to us.
As a result of an income tax refund, you can receive 260 thousand rubles.
That is, this is the same income tax that is withheld from your salary every month. But there is a limitation: the maximum deduction for the purchase of housing today is two million rubles. You don’t have to rush too much to apply for a tax deduction. This can be done not only within three years from the date of purchase of real estate, but also later in any month of the year convenient for you. However, all the money will not be given at once.
Previously, a tax deduction was provided only in case of purchasing an apartment, room, part or an entire residential building. But today you can also claim it when buying a summer house. But this is not possible in all cases, but when the dacha has the status of a residential building intended for year-round use.
Taxation
The house and site must have certain characteristics in order to... The house must be officially recognized as residential. It is in such a building that you can obtain permanent or temporary registration. The permissible purpose of the site is or. The maximum amount from which a tax refund is allowed in this situation is up to 2 million rubles .
The procedure for selling a house is regulated by the following provisions of the Tax Code of the Russian Federation:
- Art. 220 on providing a property deduction.
- Clause 3 art. 208 on receiving income in Russia and abroad.
- Art. 228 on calculating the amount of taxes upon receipt of certain types of income.
As a result, income tax is paid in favor of the Russian Federation if it is received in Russia or on the territory of the CIS countries. The right to a tax refund arises for residents of the country, even if they live in other countries.
The following tax features are established in the area of obtaining deductions:
| Taxation and benefits | Buying a summer house | Selling a dacha | Responsibilities of the copyright holder |
The tax amount is set:
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The tax is paid only if a gift agreement is concluded with those who are not relatives. The tax is paid on the total price of the dacha. | Personal income tax is not paid:
Important! A period of 5 years is established for purchased real estate since 2016. |
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| Land and property taxes | These taxes are paid using receipts sent by letter from the tax office. At the regional level, privileged categories of citizens may be exempted from paying taxes on land and property. | ||
| The payment is provided only to citizens (residents of the Russian Federation). Non-residents cannot receive a deduction for a summer residence. | Buyers receive a deduction for a residential building with a plot starting in 2010. | The seller is given a deduction depending on the period of ownership of the dacha. |
As a result, the obligation to pay tax for a dacha located in Russia applies to all citizens. The opportunity to receive a refund appears only for working citizens, since they pay personal income tax. Persons with a residence permit and foreigners are not entitled to a deduction.
Attention! According to Art. 220 of the Tax Code of the Russian Federation, a deduction can only be provided for the purchase of a building that has the status of a residential building, and not a residential building. This is why it is so important to know the real status of the building located on your site.
Who is eligible for the deduction?
It is provided only to officially working citizens. These are the persons who pay personal income tax and are residents. And in essence, the deduction is provided from a portion of the funds paid.
The right is granted once during life. It can be obtained for one taxable object. If you have a dacha at the same time, you can return the money only in one transaction. In this case, the right of choice remains with the owner.
According to the law, it is not provided to the following categories:
List of documents
You will need the following package of documents to receive payment:
- Statement of the established form.
- Passport.
- Certificate of income 2-NDFL from the place of work.
- Declaration 3-NDFL.
- Payment document confirming payment of the contract.
- A copy of the purchase and sale agreement.
- An extract from the Unified State Register of Real Estate for the object or a certificate of ownership, if available.
How to get a deduction?
You need to find the tax office at your place of residence. Here you submit your application along with the required set of documents. You can apply for payment of the deduction in the year of the transaction or later, within 3 years after the conclusion of the contract. In the latter case, the application will have to be submitted annually, receiving part of the compensation after the application.
Payments may be made in one of the following ways:
Note! The applicant has the right to choose a method convenient for himself.
Terms of service
The right to receive a deduction for the sale of a summer house is regulated by Art. 220 Tax Code of the Russian Federation. The size, conditions and options for receiving payment are determined.
The following general conditions apply:
Starting from 2016, the period of ownership of real estate has increased from 3 to 5 years for all transactions, except for contracts on a gratuitous basis (privatization, donation). After this period has expired, you can submit documents for deduction taking into account the full price of the transaction. If you do not wait until this period expires, you will have to pay tax on income received.
The same requirement applies to pensioners who are citizens of the Russian Federation. If the pensioner is not a resident of Russia, he will not be given a deduction.
As a result, citizens who bought a dacha can receive a deduction. If certain conditions are met and documents are provided, they will be able to receive compensation.
The video will reveal the intricacies of returning property deductions when purchasing real estate.
