On January 1, 2016 the changes concerning taxes from property sale will enter
It will be a question of the changes made to the tax law still a year ago. They concerned article 271.1 edition of Federal Law of November 29, 2014 No. 382-FZ. And here, since January of next year these innovations gain validity. Time came to think, which consequences it can have concerning the real estate acquired in new year.
The legislation enters definition - "the minimum deadline of possession of real estate". For that real estate which was received when carrying out the paid transaction, for example, of purchase and sale or individual share, 5 years will be considered as the minimum deadline of possession. At inheritance, receiving real estate in gift, and also transfer under the contract of the lifelong contents with dependence, or privatization, the limit period of possession is defined 3 years.
But there is more to come innovations.
So, if in the contract of purchase and sale the sum of 70 percent of a cadastral project cost is provided below, for charge of a tax the income in the sum of the same 70 percent undertakes.
It should be noted that the most part of the sellers owning real estate less than 3 years try to state smaller cost in the contract to reduce the tax sum.
All listed changes are applicable to real estate which will be acquired after January 1, 2016. The housing bought till this time, it is possible to sell 3 years later, without paying a tax, and the sum received from its sale isn't compared to the cadastral. Here recommendations to be engaged in registration of the rights for real estate until the end of the current year are pertinent.
It should be noted such moment - the legislation provides reduction to zero minimum deadline of seizing (item 4 of Art. 271.1) for separate categories of taxpayers, as well as the sum of decreasing coefficient (item 5 of Art. 271.1).
Having analysed all above-mentioned, the conclusion what it will become unprofitable to invest in real estate arises. So, the housing bought at a construction stage can be sold on a concession of the rights before the act of a reception-transmission is signed. After all the object as that doesn't exist yet, there is only "a right of the requirement", so, cadastral cost too isn't present. Besides, developers often ask to specify that sum specified in the first contract of individual share in the contract of assignment.
Selling secondary housing, "deadline" can be reduced if to issue housing in property and to present it to relatives, for example, to parents or the full age child. It is actual if you don't wish to expect 5 years and you plan to sell object further, respectively, "deadline" will be defined 3 years. All cases are individual, and it is necessary to consider them taking into account all standards of the legislation.
Added: 11.11.2015
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