Likbez: when in 2022 you need to contact the Federal Tax Service when buying or selling a home, and when not

In order to issue a property deduction in connection with the acquisition of housing and return income tax, it was always necessary to apply to the Federal Tax Service with a declaration and supporting documents. But recently there have been exceptions to this rule.

First, you can now get a tax deduction for the cost of buying a house or apartment in a simplified manner, directly through your employer. To do this, you do not need to submit a declaration to the tax office and then receive a notification for the employer (as before).

Now, in the same year when housing was purchased, a citizen submits an application to the Federal Tax Service confirming the right to a property deduction, attaching a copy of the contract for the purchase of real estate (possible through the Personal Account on the website of the Federal Tax Service).

The application is considered within 30 calendar days (unlike the previous 3- x months for a desk audit).

If the right to the deduction is confirmed, the Federal Tax Service itself sends the appropriate notification to the employer — and he does not withhold personal income tax from the citizen’s earnings until he receives the entire amount of the deduction.

The taxpayer himself no longer needs to apply to the Federal Tax Service for a notification for the employer.

Secondly, a home buyer does not need to apply to the Federal Tax Service for a property deduction at all (even with an application confirming the right to deduction and documents) if:

• he has a Personal Account on the website of the Federal Tax Service,
• and the housing purchase transaction was carried out through a bank that supports the exchange of information with the Federal Tax Service (the list of such banks is published on the website of the tax service).

In this case, the bank itself will provide the tax service with all the information necessary to confirm the right of a citizen to receive a property deduction.

After that, the Federal Tax Service will send him an application to his Personal Account, by filling out which, the taxpayer will soon receive a personal income tax refund.

Applications will be formed in personal accounts before 02 March of the year, following the year of purchase of housing — if the bank provides data before March 1, and if later — then through 02 days after submission of information (Law dated 02..620# 30-FZ).

At the same time, it remains possible, as before, to issue a personal income tax refund by submitting a declaration to the Federal Tax Service and supporting documents.

Sale real estate and filing a declaration

When real estate is sold after the owner has expired the deadline for owning it, he is not required to pay personal income tax or file a declaration with the Federal Tax Service.

Let me remind you that the deadline for ownership is now 5 years from the date of registration of ownership of real estate. But in exceptional cases, this period is reduced to 3 years:

• if the property was donated, inherited, privatized or received under a rental agreement,
• or the owner sold his only housing (Art. 183.1 Tax Code of the Russian Federation).

If the property is sold before the deadline for owning it has expired, then the seller, as a general rule, must report on the income received to the Federal Tax Service — by submitting a declaration before 11 April next year.

At the same time, he will not necessarily have to pay personal income tax on the amount received from the sale (in particular, if he sold the object for the same amount as he bought it, the tax is not charged).

However, the filing of a declaration was still mandatory — therefore, the owner could receive a fine if he did not file a tax return on time.

But now there are cases in the law when real estate is sold before the deadline for ownership (of 5 years or 3 years) has expired, and the owner does not need to apply to the Federal Tax Service with a declaration of his income.

In particular, when real estate is sold for no more than the amount of the property deduction provided for by law (1 million rubles — for rooms, apartments, houses and land plots, and 250 thousand rubles — for other real estate objects).

For example, a citizen sold a garage in 2021 for 98 thousand rubles, which he himself bought 3 years ago (i.e., the deadline for ownership has not yet expired).

He does not have to pay personal income tax from the sale, because, taking into account the deduction required by law in 250 thousand rubles, his taxable income in this case is equal to zero.

And now, according to the new rules, he is also not required to submit a declaration (Law dated 02.. 620 No. 305-FZ).

However, a declaration to the Federal Tax Service is still indispensable if housing is sold before the expiration of the ownership deadline:

• and at the same time you need to pay personal income tax on income received from the sale,
• or the tax is not charged for other reasons than the application of the property deduction.

In particular, if the value of the sold housing does not exceed the amount for which the owner once bought it.

Or housing is sold by a family with two or more children, while buying another housing that is larger or more expensive in terms of cadastral value (subject to a number of conditions, they are exempt from paying personal income tax in such cases, but not from filing a declaration — art. 217.1 Tax Code of the Russian Federation).

A source: Legal details

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