New personal income tax exemption rules for the sale of children's shares in real estate

Since 2024, amendments to the Tax Code have entered into force, simplifying the taxation procedure for the sale of housing purchased using maternity capital. Now the minimum period of ownership of children's shares is considered not from the moment of their registration, but from the date of purchase of the property by the certificate holder.

When is the sale not subject to personal income tax?

Income from the sale of real estate is not subject to taxation if the property has been owned for at least 5 years (in some cases, 3 years). The shortened period applies if:

Housing is the only one;

The right of ownership was obtained through privatization, donation from a close relative, or under a lifetime maintenance agreement. The term of ownership is calculated from the moment of registration of the right in Rosreestr or full payment under the DDU. Features of the sale of housing with maternity capital When buying an apartment with a mortgage using maternity capital, the parents immediately take ownership of themselves, and the shares are allocated to the children only after repayment of the loan. Previously, this created a problem: if the parents sold the apartment before the expiration of the minimum period of ownership, the children's shares were subject to personal income tax.

Example:

The apartment was bought in 2017, the mortgage was repaid in 2024, and shares were allocated to the children at the same time. Until 2024, when selling, the tax was charged on children's shares, since their ownership period was shorter. Now the term of ownership of children's shares is calculated from 2017 (the date of purchase), and not from the moment of their registration. This rule also applies to housing purchased under other government programs that require mandatory allocation of shares to children.

Do I need to file a declaration?

If the transaction is exempt from personal income tax, you do not need to file a 3-personal income tax. However, it is recommended to notify the tax service by April 30, 2025, providing explanations and supporting documents. The innovation simplifies the process of selling family housing and reduces the tax burden on families who used maternity capital. (The text has been adapted to meet modern requirements, the accuracy of information has been preserved, and readability has been improved.) If you need to add something or change the style, let me know!