How many years can you sell an apartment in order not to pay tax

2024 Author: James Gerald | [email protected]. Last modified: 2023-12-17 14:00

As a result of the sale of the apartment, the owner receives income from which the tax is levied. But sometimes this can be avoided. After how many years can you sell an apartment in order not to pay tax in 2021?

When is tax required

After purchasing an apartment and registering the property, the owner can dispose of the property at his own discretion. It is not only about using and leasing. The owner can sell the property. But it should be borne in mind that such transactions, according to the law, indicate the receipt of income. This means that a tax is levied on him, for the payment of which there is a specified time.

In accordance with paragraph 4 of Art. 228 of the Tax Code of the Russian Federation, the tax is paid on profit from the sale of housing until 15.07 of the year that comes after the year of the transaction. For this, a 3-NDFL declaration is drawn up, which is submitted to the tax office before April 30.

If this document is not submitted, and the tax is not paid on time, the taxpayer will have to pay a fine. The FTS determines the amount by charging 5% for each month. If the declaration is submitted, but the tax has not been paid, then only a penalty will be collected for each day of delay.

When you don't have to pay

In some cases, personal income tax is not charged. In this situation, the date of purchase and the duration of the ownership of the object are taken into account. The declaration does not need to be drawn up in 2 cases:

• if the home was purchased before 2016 and was owned for more than 3 years;
• if purchased after 2016 and has been owned for more than 5 years.

It turns out that it is necessary to focus on these terms, taking into account the date of the transaction. In all other cases, the tax is considered mandatory.

After how many years can you sell an apartment in order not to pay tax in 2021? As it turned out, this is available after 3 years of ownership if the property was purchased before 2016.

The minimum period is valid in the following cases:

1. The property is registered after privatization, inheritance or donation. This also applies to cases where the property is arranged on the basis of an agreement with the maintenance of dependents throughout their lives.
2. The seller at the time of the transfer of rights to the sold housing to the new owner did not have other real estate, that is, if it was the only one. In this case, there should not even be a fractional ownership.

The term of 5 years is valid in other cases. The time of ownership starts from the date when information about the new owner appeared in Rosreestr, that is, the registration of rights to housing was completed. It is determined in the extract of the USRN or a certificate that was issued before 2016. This applies to many cases: buying, donating, building.

Exceptions:

1. In case of inheritance, the term begins on the date of death of the testator.
2. For housing, the ownership of which is determined by the court - after the release of the court decision.
3. If the housing has been privatized, the term is indicated in the extract of the USRN or the agreement on the transfer of ownership.
4. In fractional ownership, the term is determined from the date of purchase of the first of the shares.
5. If the dwelling is issued under the renovation program, the period of ownership of the replaced dwelling is set.

Tax reduction earlier than the minimum period

The size is determined based on the following parameters, which reduce the taxable base:

• property deduction in the amount of 1 million rubles is applied;
• the existence of a contract, which indicates the purchase of a sold home, allows you to establish a tax based on actual expenses.

Citizens have access to only one of the deductions presented. If property or actual costs are used, the result may be negative or zero. Then the tax does not need to be paid.

Sale of housing in a new building without tax

If the right of ownership in such a house is formalized, then the same rules apply as in other cases. The exception is apartments with spending on building materials, finishing work, paperwork.

And if the property object has not been registered, then the sale and purchase is carried out through the assignment of rights under the DDU. Then a tax of 13% is charged.

But there are also features:

1. The object under construction, which has not been commissioned, does not have a cadastral valuation. The seller independently determines what price will be indicated in the contract.
2. The minimum period of ownership is calculated after registration of the property in the Federal Registration Service.

The law establishes how many years an apartment can be sold in order not to pay tax in 2021. When dealing with real estate, it is necessary to be guided by the current regulations.

Summarize

1. Tax is levied on the sale of the property.
2. In some cases, owners are exempted from paying it if several conditions are met.
3. Tax reductions are sometimes allowed.