A tax deduction for building a house can be a nice housewarming gift. It’s not often that the state gives us monetary compensation, but the case of housing is a pleasant exception! 🙂

Many of us dream of living in a separate house outside the city: clean air, peace and quiet all around. Finally, the dream came true and the house was built, but the costs slightly overshadowed the joy of its fulfillment.

A refund of income tax during the construction of a house will help significantly recoup costs and return a fairly impressive amount spent on the construction of suburban housing.

This benefit is one of the types of property deductions to which every citizen of our country has the right, subject to a number of conditions. Let us consider in more detail who can take advantage of this preference and what are the conditions for receiving it.

Not every person can claim a deduction, but only those who meet the requirements established by law. Namely, to apply for benefits you must:

• Be a citizen of the Russian Federation and reside on its territory for more than 183 days. In other words, to be a resident of the Russian Federation. For those who are not, the state will not confirm the deduction;
• Pay 13% income tax on your income. That is, work and receive a salary, from which you personally or your employer deduct a portion of the funds for personal income tax on a monthly basis.

If a citizen does not have taxable income, well, for example, is unemployed or an individual entrepreneur using special regimes under which he does not pay personal income tax, then he has no right to claim a deduction.

Thus, you can only get back the amount that was deducted from your salary during the year. Read more about the mechanism for generating the amount for annual payments.

What costs can be reimbursed?

Not all expenses for building a house will be reimbursed by the state, but only part of them. The list of costs is clearly defined and cannot be expanded. So, you can return the money spent on:

• Payment for construction and finishing work of the house;
• Purchase of materials for construction and finishing;
• Providing communications (gas, water, sewerage, electricity);
• Development of design and estimate documentation;
• Payment of interest on a housing loan (mortgage), if the house was purchased with bank funds;
• Repayment of interest on refinanced housing loans.

It should be separately noted that if the house is not built from the beginning, but is purchased unfinished, the costs of its completion and finishing can be reimbursed only if the purchase agreement indicates that the house was purchased unfinished.

But the costs of purchasing furniture, plumbing, and other home furnishings are not refundable.

How much money will the state return in the end?

It is a mistake to believe that if, say, 5 million rubles are spent on the construction of a cottage, the state will return all five million. No. The deduction limit is limited:

• Two million for the construction and finishing itself (the main deduction);
• Three million to pay off the interest on the mortgage loan.

Total: 5 million rubles. Of these 5 million rubles. you need to calculate 13%. And thus, the maximum that you can get is 650,000 rubles. = 260,000 (for house and land) + 390,000 (for mortgage).

Example. Bochkina Maria built a house in the Moscow region in 2019 and spent 3 million rubles on it, which she took out as a mortgage from a bank at 12% per year. In the first year, she overpaid the bank - 480 thousand rubles.

In 2020, she can apply to the Inspectorate for a refund of the spent funds. Even though the construction cost 3 million, she will receive a deduction only in the amount of 2 million rubles, and for interest only in the amount actually paid, that is, 480 thousand rubles.

At the end of 2019, Maria will be able to receive 322,400 rubles:

• 2 million rubles. * 13% = 260,000 rub.
• 480 thousand rubles. * 13% = 62,400 rub.

But it should be noted that in order to receive this entire amount within one year, Bochkina had to pay income tax in the amount of at least 322,400 rubles. If her annual income and taxes are less, then the unpaid balance will be carried forward to the next year.

After she receives the main deduction, she will be able to separately claim mortgage expenses each year. And so on until her overpayment amounts to 3 million rubles.

It should be noted that this limit only came into effect in 2014; previously, the amount of overpayment did not play a role. And it was possible to receive a mortgage deduction from the full amount of interest paid (in excess of the principal amount of the loan).

How many times can you receive the benefit?

The main deduction can be claimed several times before the limit is used up. That is, if, say, the house was built for 1.5 million rubles, the balance is 500 thousand rubles. You can declare, for example, during the next construction or purchase of an apartment. If the limit has been reached, it will not be presented again.

Thus, a deduction of 2 million can only be received once in a lifetime. Read more about changes since 2014 and the possibilities of repeated deduction for purchased housing.

The same rules apply to the mortgage deduction, with the only exception that it is claimed only for one apartment. That is, if the overpayment on one mortgage did not reach three million, you will not be able to claim a deduction for the next apartment, also taken with bank funds. All about the return of interest on a mortgage loan.

Why is it beneficial to get married?

Separately, it is worth mentioning the distribution of benefits among spouses. If, during the construction of a house and its ownership, the spouses write an application for the distribution of the deduction in proportions of 100 and 0, then the spouse who refused the deduction in favor of the second will subsequently be able to receive his deduction.

This is convenient if buying an apartment or building a residential building costs just over 2 million rubles. Also, husband and wife can distribute and return.

But if the amount spent is over 4 million rubles, then the refund will be in the amount of 2 million rubles. each spouse can receive! Thus, the deduction for a family may no longer be two, but four million for the main one and 6 million for the mortgage.

But if the house is in shared ownership, the deduction will be automatically distributed in the amount of shares. But for married couples there is an exception to this rule: the husband and wife can return personal income tax to by writing.

What to do if an apartment or house is registered in the name of a child or bought by a pensioner? You will find information about this "".

How to get a benefit

The procedure is simple: you need to collect a package of necessary documents. Here is a video that will clearly show what documents are needed for a property tax deduction:

And then you can get it from the Tax Inspectorate or at your place of work. Here are the main steps in brief.

Let's go to the tax office

1. It is necessary to collect all the necessary documents (on the costs of construction, finishing, laying communications, on the ownership rights to the constructed house and on the mortgage taken);
2. for income tax 3-NDFL and application for a deduction;
3. Obtain a 2-NDFL certificate from your employer;
4. Submit them to the Inspectorate at the place of registration;
5. Wait until the 3 months allotted for document verification have expired;
6. If the Inspectorate has confirmed the deduction, it will have another month to return the funds to your current account.

We get it at work

The deduction can also be obtained through the employer. To do this, you also need to collect a package of documents to confirm the deduction and submit it to the Inspectorate.

After a month, you will need to receive a notification of the confirmed right to deduction and submit it to the accounting department of the enterprise. In this case, the employer will not deduct 13% from the salary every month.

The main advantage is that you can receive a deduction from your employer without waiting for the end of the year. But see other advantages and disadvantages of this return method.

In order to calculate the most financial option for returning hard-earned funds, a professional’s view of your situation is very important. To receive the most profitable tax deduction, leave a request for a consultation or fill out a 3-NDFL declaration.

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Each taxpayer during the construction of a residential building who has not yet used a property deduction has the right to receive a tax deduction up to a maximum amount of 2,000,000 rubles. The maximum amount of income tax that you will receive in your hands is 260,000 rubles.

In this article we will look at the following issues in more detail:

• How to get income tax when building a house

• Costs of building a residential building

• List of required documents for income tax refund

• Methods for filling out and submitting a declaration to the tax office

Property deduction for building a house

You can receive a deduction for the costs of constructing a residential building only after the registration of ownership.

There is no statute of limitations for the property deduction, but it can be returned only for the three years preceding the filing of the declaration and only for income received in the year of registration of property rights and later.

The legislator grants the taxpayer the right to take advantage of the property tax deduction only once. If the property deduction cannot be used in full during the tax period, the balance is carried over to the next year and beyond.

The maximum tax deduction cannot exceed 2,000,000 rubles, excluding amounts used to pay off interest (if a mortgage was taken out for the construction of a house).

The costs of constructing a residential building are:

• costs for the development of design and estimate documentation;

• expenses for the purchase of construction and finishing materials;

• expenses associated with the work or services of a construction company for the construction, completion of a house, or finishing of a house;

• expenses for the purchase of a residential building, including those with unfinished construction;

• costs associated with connecting to electricity, water supply, gas supply and sewerage networks.

List of necessary documents for obtaining income tax when building a house

To reimburse the deduction for the construction of a house, you must prepare the following package of documents:

• Declaration in form 3-NDFL;

• A copy of the Certificate of registration of ownership of the house;

• Copy of the passport;

• Copy of TIN certificate;

• Certificate of income in form 2-NDFL for the reporting year (from all places of work for the reporting year);

• A copy of the loan agreement (if a construction loan was taken out);

• A copy of the Certificate of registration of ownership of the land plot;

• A copy of the contract with the construction company;

• A copy of payment orders, cash receipts, invoices confirming the cost of expensive construction materials;

• Application addressed to the head of the tax authority at the place of registration for the provision of a property deduction;

• An application addressed to the head of the tax authority at your place of registration for a refund of income tax to your personal account;

Methods for filling out and submitting the 3-NDFL declaration

Drawing up a 3-NDFL declaration to receive a property deduction for building a house is a complex procedure; in order to prepare the necessary package of documents, draw up a declaration and submit them to the tax office, it will take you a lot of time. If an error is made, you will have to re-draw up the declaration and submit it to the tax authority again, thereby increasing the period for consideration and payment of the deduction.

Therefore, we recommend contacting specialized accounting companies, such as BUKHprofi. BUHprofi specialists will draw up a declaration and prepare all the necessary documents and applications within a day. Next, the company's courier will meet you at a place convenient for you to sign the declaration and applications, followed by submission to the tax authority.

This method is not only convenient, but also reliable: it minimizes the risk of an erroneously drawn up declaration, as well as distortion of the submitted data.

Many citizens know that when buying a home, they can receive partial compensation from the state in the form of a refund of income taxes paid.

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But you can take advantage of this benefit not only when buying, but also when building a house. How to reimburse expenses incurred during the construction of a home?

Conditions

You need to think about how to return the tax deduction when building a house in advance of construction. The final amount of the deduction is directly dependent on the amount of money spent.

To do this, it is necessary to document the costs. The maximum amount of compensation from the state is thirteen percent of two million rubles, that is, two hundred and sixty thousand.

A tax deduction is a type of state compensation provided for by tax legislation. The regulation of such compensation is provided for in the Tax Code of the Russian Federation.

Its amount varies depending on the amount of funds spent. But at the same time, the volume of the basic basis for calculation cannot exceed two million rubles. A tax resident of the Russian Federation has the right to apply for a tax deduction when constructing a home.

This can also be a person who does not have Russian citizenship, but has resided on Russian territory for at least one hundred and eighty-three days over the previous twelve months. The main condition is the regular payment of income tax by the applicant.

As a rule, the employer pays income taxes. If the employment is not officially registered and the employee receives a salary without any documentary support, then it will not be possible to issue a tax deduction.

Also, minor citizens, non-working pensioners, students, entrepreneurs and the unemployed are not eligible for deductions.

A citizen who used various subsidized funds for construction is also not entitled to receive a tax refund. In this case, citizenship and collected papers on expenses incurred do not matter.

Refunds of personal income tax are excluded when using maternity capital for construction. The same applies to construction projects with financial assistance from the employer.

If we outline the main conditions for the return of personal income tax during construction, they are as follows:

• the citizen must be officially employed, that is, be a taxpayer of the Russian Federation;
• construction was carried out only at one’s own expense without the use of government subsidies or employer assistance;
• expenses must be documented.

It is important that you can only issue a tax refund once. There is no tax deduction for re-construction.

There are also some nuances of tax refund when building a house. For example, what if the house was built with money from a loan? In this case, the Tax Code of the Russian Federation states that a tax refund is possible only when applying for a targeted loan.

That is, if the loan was taken specifically for construction. When applying for a consumer loan, no compensation is due.

And if you purchased an unfinished house, how to get reimbursement of expenses? In this case, deduction is possible only if the purchase agreement states that an unfinished house is being sold.

If a house is built on land purchased specifically for this purpose, then you can apply for a deduction only after the citizen has acquired ownership of the land and house.

How to apply

To apply for a construction tax refund, you must contact the tax office at your place of residence. When applying, you will need to submit the necessary documents.

The next step is to fill out the declaration. In addition to the funds spent on construction, it is necessary to indicate all available income, for example:

• sale of property;
• provision of one-time services;
• receiving payment for rent and the like.

• individual data of the applicant;
• article defining the right to receive a tax deduction during construction;
• amount to be refunded;
• bank account to which funds should be transferred;
• signature and date.

You can also get your income tax back through your employer. In this case, a similar application to the tax authorities will be required. After checking the information and if the decision is positive, the Federal Tax Service issues a notification.

It should be submitted to the accounting department at the place of work. Throughout the year, wages will be paid without deducting thirteen percent.

The peculiarity of compensation is that in a year you can only receive an amount equal to the amount of income paid. That is, if a taxpayer paid, for example, seventy thousand rubles in personal income tax during the year, then this is exactly the amount he will receive.

The unpaid balance of the tax deduction is carried forward to the next year. You need to repeat the entire procedure of applying to the Federal Tax Service, resubmit documents and apply for compensation for the current year.

What documents are needed

The most important thing when applying for a personal income tax refund after building a house is to provide all the necessary documents.

These include:

• purchase and sale agreement of a land plot for individual housing construction;
• financial documentation confirming the purchase of construction materials (sales receipts, receipts, bank statements, receipts, acceptance certificates);
• certificates of work performed when involving construction companies (for connecting communications, completing or constructing a house, drawing up an estimate or project).

All other expenses, for example, the purchase of construction tools or repayment of bank commissions, are not taken into account when applying for a tax deduction.

In addition to documents evidencing expenses incurred, you will need to provide:

• declaration completed according to the form;
• a certificate from the place of work about income in the form;
• application for a tax deduction;
• application for compensation for overpaid income tax;
• Bank account details or a copy of your passbook.

In order to correctly fill out the 3-NDFL tax return, you will also need to prepare certain documents, in particular:

• certificates from all places of work for the years indicated in the declaration, issued by the employer’s accounting service in form 2-NDFL;
• a document confirming the ownership of housing;
• act of acceptance and transfer of housing, if there is participation in shared construction;
• agreement of purchase and sale, assignment of claim or investment;
• payment documents with mandatory indication of full name. (receipt cash order, seller's receipt of funds, bank payment);
• taxpayer's passport details, permanent registration address, postal code;
• bank account details.

Terms for returning personal income tax for the construction of a private house

Currently, there is no statute of limitations for filing an application for a property deduction.

However, it should be borne in mind that the right to a personal income tax refund arises only from the moment of acquiring ownership of the house. That is, upon receipt of the owner’s documents, you can apply for a deduction only the next year or later.

Years before the owner’s right is confirmed, it will not be possible to receive a personal income tax refund. That is, expenses incurred in earlier years cannot be included in the base for calculating compensation.

As for the return period, it all depends on the refund option. If the taxpayer decides to return the money through the tax office, he will receive the funds to his current account in a single payment.

In this case, the return period may take up to six months. First, a thorough check of the applied taxpayer and all his documents is carried out within three months.

Do you know that the cost of building a house can be reduced and this can be done on the basis of the law? The Tax Code of the Russian Federation provides for working citizens such a support measure as a property deduction. When building a house and finishing it, the state will return part of the funds; you just need to provide a package of documents to your tax agent.

What is a tax deduction

A tax deduction is a portion of the tax that is returned to the taxpayer. The Tax Code of the Russian Federation provides for the construction of a residential building. Thus, the state seeks to stimulate the construction of new houses and make ready-made houses and apartments more affordable.

Who can count on receiving a deduction

All working citizens of the Russian Federation, whose income tax is 13%, are entitled to receive a property deduction for the construction of a house. The main thing is that they have Russian citizenship and pay taxes to the treasury, i.e. worked officially on the territory of Russia.

They are entitled to a refund in an amount equal to the full income tax rate when purchasing a plot of individual housing construction, for payment for development work, as well as for the cost of purchasing building materials.

What are the conditions for its provision?

The conditions for providing a tax deduction for the construction of a new house are specified in According to the law, it is provided to a citizen for:

• costs of developing a house project;
• expenses for the purchase of building materials;
• expenses for paying construction workers, architects and other specialists taking part in construction;
• costs for connecting to utilities.

Deductions are provided only for the above expenses. They will not be provided for any others that do not fit this description. You will not be able to receive a deduction for the purchased concrete mixer or drill, since they do not belong to any of the above categories.

What documents are needed to obtain

In order to exercise your right, you must collect a set of documents confirming your identity and right. Below are the documents for property deductions during the construction of a house that the tax agent will require from you:

• photocopy of passport;
• application for a deduction for the construction of a house (this information should be indicated in the document);
• income certificate;
• income statement;
• a document confirming ownership of the plot;
• a copy of the certificate for the land plot;
• a copy of the construction contract;
• checks, receipts, any documents confirming the amount of construction expenses.

If you have minor children in your family, you must also provide a birth certificate for each child. If you have at least one adopted child, you will have to provide a decision from the guardianship and trusteeship authorities that the child is in your care.

The money is not returned in cash or to a personal bank account. They are issued along with wages at the place of work at the cash desk or on a work bank card. Moreover, if you work 2-3 jobs at once, you have the right to receive it from all places of work. In this case, copies of the documents should be provided to all employers acting as tax agents.

According to the law, you do not have to submit an income tax return. However, this document contains information that will take some time for the tax authorities themselves to obtain. To speed up the application review process, it is better to fill out and submit the declaration.

Deduction amounts

The amount of the deduction depends on the amount of money spent on the purchase of building materials, payment of workers, etc. In accordance with the law, you have the right to a property deduction in the amount of up to 2 million rubles. However, if housing is not being built for living in, but for sale, then the amount will be no more than 250 thousand rubles, provided that the value of the real estate is less than 1 million rubles. In this case, the time factor should be taken into account. The maximum amount of property deduction for the construction of a house is equal to the amount that was provided in the month when the balance was formed, carried forward to subsequent periods.

A property deduction is not provided if the housing was purchased or built with maternity capital funds or employer funds. It is also not provided to non-working pensioners, since the pension is not taxed, which means there is nothing to deduct.

Is it possible to get a deduction for unfinished housing?

It often happens that not just a plot or house plan is purchased, but an already rebuilt or almost completed building. For example, a plot of land has been purchased on which the foundation and basement have already been erected. In this case, can you expect to receive a deduction for an unfinished house? The law states that you can get it not only for the purchase of a plot, but also for an unfinished house, and even for its finishing (if the house is built, but there is no finishing in it).

Naturally, you will not be able to receive a deduction for the funds that the previous owner spent on the construction of a private house. You will also have to document that you received an unfinished house. That is, it makes sense to register all those buildings and document what was actually done before the previous owner purchased the house. This must be done immediately after purchase, so that later there are no misunderstandings when determining the amount of tax deduction for the construction of a new house.

To receive a deduction for an unfinished building, in addition to the documents that are submitted when building a house from scratch, you must also provide an acceptance certificate for unfinished housing. This is true even if you have purchased a share in it.

To receive a property deduction for building a house, you should contact your employer. If you work for a large enterprise and you do not have direct access to your manager, your application must be submitted to the human resources department. If it is not possible to contact the employer, the application and package of documents can be submitted at the nearest tax office.

Is it possible to get the deduction again?

The law does not provide for receiving a tax deduction again. Even if you buy another home or change jobs, you cannot count on receiving a deduction for building a house a second time.

Every citizen has the right to receive a property deduction for the construction of a house. The law allows you to take advantage of a tax deduction for the construction of a house, for example, the other spouse, adults, working children and other family members, but only with their permission.

Is it possible to get the balance as a deduction?

It happens that during the construction of a private house, not the entire amount of the deduction provided by law was spent. For example, during the construction of a house you were able to reimburse the amount of less than 2 million rubles. Then you or someone in your family decided to build another house. Can I use the remaining funds? If you are not engaged in the construction of houses exclusively intended for their subsequent sale, then you can, but only within the remaining amount and subject to the conditions prescribed in Article 220 of the Tax Code of the Russian Federation.

How is the deduction calculated for shared participation in an apartment building?

Property tax deductions for construction and finishing can be provided if the taxpayer has a certificate confirming ownership of the purchased housing. It must be submitted along with the application. Moreover, you can get it not only from purchased building materials, but also from interest on the loan, if a residential building was erected with the amount received.

If you participate, you will be able to receive it only after the house is put into operation, since only after that a certificate will be issued. Until you have this document, you will not be able to receive a property tax deduction for shared construction. A certificate of ownership is included in the mandatory package of documents, given that not everything is clear with construction companies in Russia yet. If the construction period specified in the contract is more than 3 years, you will not be able to receive a deduction.

Payment procedure

As soon as it becomes possible to receive a property deduction during construction, it is necessary to submit a pre-prepared package of documents to the employer or to the tax department. Within 3 months, the tax service will check the documents, and if there are no reasons for refusal, the deduction will be credited and issued along with the salary.

If a decision has not been made within 3 months, the taxpayer has the right to demand from the tax service the transfer of penalties in the amount of the current refinancing rate.

If the deduction is refused due to an incorrectly completed package of documents (there are no certificates, the wrong data is provided), the request can be made again.

The tax authorities send the decision on refusal or issue by mail to the taxpayer’s place of residence. At the same time, they must indicate the reason for refusing to issue a property tax deduction. They are required to send explanations in writing to you by mail at your residential address.

Possible problems

When returning funds, problems may arise that will lead to you losing the opportunity to receive a property deduction:

• Due to the length of construction work. In order to receive a deduction, you must provide an acceptance certificate. If for some reason the construction has been delayed for more than 3 years, it will no longer be possible to obtain it.
• Delay in processing documents confirming ownership. Most often, participants in shared construction encounter this problem when the construction company fails to complete the construction within the deadlines specified in the contract or does not complete it at all.
• The emergence of controversial situations when checking documentation by tax authorities. Officials may require additional certificates or confirmation of the legality of transactions. Sometimes they do not indicate the reasons for the refusal, which is a violation of the law.
• Unscrupulous developers. This is one of the most common reasons why tax deductions are not provided. In their desire to earn as much as possible, they often forge documents, delay the completion of the project, and indicate other prices in the documents.

If the above problems arise, you should go to court. This is the only way to get the funds you are rightfully entitled to and resolve the controversial situation, or at least punish those responsible for preventing you from exercising your right.

Instead of a conclusion

Property tax deductions for the construction of a house are a legal right to reimburse, if not all the funds spent, then at least part of them. Construction of a residential building is not cheap. If there is an opportunity to save through tax deductions, it would be irrational not to take advantage of it.

Today in Russia it is widespread to purchase apartments in buildings under construction. Most often, when purchasing housing under construction, they enter into either equity participation agreements in construction or share accumulation agreements with a housing construction cooperative (HBC). At the same time, a long period of time, including several years, may pass between the moment of concluding the contract and receiving an extract from the Unified State Register of Real Estate (certificate of registration of property rights). Therefore, the natural question becomes: when will it be possible to apply for a property deduction when purchasing an apartment in a building under construction? Immediately after concluding an agreement to purchase an apartment? After paying the full cost of the apartment? After concluding the act of acceptance and transfer of the apartment or receiving an extract from the Unified State Register of Real Estate (certificate of registration of property rights)?

In this article we will consider in detail the question of when exactly you can apply for a tax deduction when purchasing an apartment in a building under construction.

Obtaining a property deduction when purchasing an apartment under a share participation agreement in construction

When purchasing an apartment in a building under construction under an equity participation agreement the right to a property deduction arises from the moment the buyer signs the housing acceptance certificate. In this case, there is no need to wait to receive an extract from the Unified State Register of Real Estate (certificate of state registration of ownership) for housing. This position is supported by para. 4, 8 pp. 6 clause 3 art. 220 of the Tax Code of the Russian Federation, Letters of the Ministry of Finance of the Russian Federation dated 03/16/2015 N 03-04-05/13862, dated 03/06/2015 N 03-04-05/12102, dated 09/10/2013 N 03-04-05/37207, dated 02/27/2013 N 03-04-05/7-145, dated December 26, 2012 N 03-04-05/7-1442, as well as in the letter of the Federal Tax Service of Russia dated May 25, 2009 N 3-5-04/647@.

Thus, when purchasing an apartment in a building under construction, the taxpayer has the right to apply to the tax authority to grant him a property tax deduction on income for the tax period in which the transfer deed was signed.

Example: Orekhov A.I. paid for the purchase of an apartment in a building under construction according to an agreement on shared participation in construction in 2017. Construction was completed in 2018, and at the end of the same year Orekhov A.I. accepted the apartment for use and signed the apartment acceptance certificate. The certificate of registration of the right was issued only at the beginning of 2019. Since the acceptance certificate was signed in 2018, at the beginning of 2019 Orekhov A.I. submitted documents for a tax deduction for 2018 and returned the income tax (NDFL) he paid during 2018.

Obtaining a property deduction when purchasing an apartment under an assignment of claims

Similar to purchasing an apartment under a shared participation agreement, a property deduction can also be obtained in the case of purchasing housing under an agreement on the assignment of rights of claim. In this case, the right to deduction also arises from the moment of signing the act of acceptance and transfer of housing. In accordance with the explanations of the Ministry of Finance of the Russian Federation, in this case, it is necessary to provide the tax inspectorate with a copy of the equity participation agreement under which the right of claim was assigned (Letter of the Ministry of Finance of Russia dated August 29, 2014 N 03-04-05/43347).

Example: In 2017, Petrova S.F. purchased an apartment in a building under construction under an assignment of claims. In 2018, construction of the house was completed, and Petrova S.F. signed the acceptance certificate for the apartment. At the beginning of 2019, Petrova S.F. submitted documents for a tax deduction to the tax office (attaching an agreement on the assignment of claims) and returned the income tax (NDFL) paid for 2018.

Obtaining a property deduction when purchasing an apartment under a share accumulation agreement with a housing cooperative

Another common option for purchasing housing in a building under construction is purchasing an apartment under a share accumulation agreement with a housing construction cooperative (HBC). According to the position of the regulatory authorities (Letters of the Federal Tax Service of Russia dated March 14, 2016 N BS-4-11/4127@, Ministry of Finance of Russia dated April 23, 2013 N 03-04-05/4-403), the taxpayer acquires in this case the right to a property deduction subject to two conditions:
- an act of acceptance of the transfer of the apartment must be signed (or another document confirming the provision of an apartment to the member of the cooperative);
- a member of the housing cooperative must pay his share contribution in full.

Starting from the period when both of these conditions have been met, you can receive a property deduction.

Example: Artemov S.I. is a member of the housing cooperative. In 2017, he entered into a share accumulation agreement and paid his share contribution in full. In 2018, the construction of the apartment building was completed, and Artemov S.I. accepted the apartment for use by signing the acceptance certificate for the transfer of the apartment. Thus, taking into account the full payment of the share contribution, Artemov S.I. has the right to receive a property deduction starting in 2018, when he signed the apartment acceptance certificate.