Who would not be able to receive a tax deduction when buying a home
Before answering the question in the title, let's look at what a tax deduction is. Almost all officially working citizens of our country give 13% of their monthly salary as personal income tax. The employer sends a certain amount (it depends on the amount of your earnings) to top up the budget. But you Finance these payments. The tax deduction gives us the right, under certain conditions, to partially refund the funds paid for taxes. The state seems to agree that part of your income is invested in some good cause and approves the tax deduction. In fact, it looks like this: you either get a "tax break" for a certain period, or a certain amount of the money you paid is returned to your account.
What is the basis for obtaining a tax deduction?
This includes purchasing a home (property deduction), paying for expensive medical treatment, education costs, and charitable donations.
Let's look at the topic of buying a home and answer the question: who can't get a property deduction?
You can't get a property deduction if the seller is a close relative of yours. This does not mean that buying a living space from a father or brother is prohibited. Buy, but keep in mind that there is no tax deduction as a result of this transaction. Despite the fact that the purchase and sale operation is not formal, and you actually paid for the purchase in full.
In this sense, it is more profitable to buy housing from outsiders than from relatives.
You can't outsmart the system and hide the fact of kinship. The tax service will conduct the appropriate verification using open databases. Even if you are lucky right away, they will sort it out and return the money forcibly.
But still, you can find loopholes. For example, for you, your mother - in-law is almost a mother, but for the tax service - not. And if you make a deal with your mother-in-law, and not your wife (they have a relationship with the mother-in-law), then you can get a deduction. Similarly with the brothers.
When buying an apartment from your brother, you should not expect a deduction, but when buying from your wife's brother-there is a chance.
Another important point: if you do not work officially or receive a salary & quot;in an envelope", you are not entitled to a tax deduction. Only the actual tax paid or accrued on your income is refunded by tax deduction. If the landlord does not officially work or pays taxes as a private entrepreneur under the simplified procedure, the tax deduction will also be denied.
You can also not get a property tax deduction in the following cases:
if you are not a resident of the Russian Federation; if the house was bought outside of Russia; if you paid for housing is not their money (except mortgage);
if the housing is still officially is not your property, no act of transfer and acceptance (for new buildings).
The right to a tax deduction when buying a home can only be used once. The limit on the amount that can be refunded is 2 million rubles. You can return up to 260 thousand rubles (13% of the maximum possible amount). Accordingly, if you have already received a tax deduction once, you do not have the right to claim it again.
Added: 16.04.2020
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