Tax deduction for the purchase of housing by pensioners

In the case of buying a home, residents of the Russian Federation can return part of the amount they paid in the form of a personal income tax refund. However, this opportunity is not for everyone, but only for those who pay income (13%) tax. Accordingly, people living on benefits, pensions and other non-taxable payments fall out of this category. However, with the entry into force of law No. 330-FZ of 21.11.11, and retirees (starting in 2012) will be able to regain some of their personal income tax.

Features of granting a deduction to pensioners

First of all, let's define what is a tax deduction. This is the amount of the cost of housing, personal income tax with which you can return when buying real estate. He relies on those who purchased not only an apartment, but also a separate room, section, dacha, house. However, an indispensable condition is the receipt by the buyer in the year prior to the purchase of income taxed at a rate of 13%.

If there were none, but they are in the current (or are expected in the future) year, you can file the declaration later - within three years from the purchase. But how, then, to be pensioners? According to the adopted law, pensioners who bought an apartment have the right to postpone the period of payment of personal income tax accepted for accounting, but for no more than three periods. In other words, they will be able to receive a tax deduction when buying a home, but only if they have acquired the property no later than three years after retirement. This rule does not apply to cases where pensioners have a taxable income at a thirteen percent rate (for example, if they continue to work).

Use the right to return personal income tax can only once, so the filing of a declaration of buying an apartment should be treated very responsibly. After all, the value of the tax benefit will directly depend on the value of the property . However, the tax refund is not unlimited: tax deductions for the purchase of housing can be limited to either two million rubles, or a combination of costs for the acquisition of this property. The interest on the target loan is deductible in a separate order.

Thus, the maximum personal income tax, which can be returned when buying real estate, is 260 thousand rubles (13% of 2 million), or 13% of actual costs. This means that when buying a house worth 1,200,000 rubles, the refund will be 156,000. But if the price of an apartment was 4 million, the return will only be in the amount of 260,000.

If the personal income tax paid by pensioners for the three preceding years is not enough to cover the amount of compensation, the unused balance will simply "burn out".

Example of giving a deduction to pensioners

Let's consider how the deduction will be provided, using the following example: DM Mamonov retired on January 1, 2011. In 2005 he bought a room in a two-room apartment worth 510,000 rubles. In October 2012 the room was sold, and instead of it a studio apartment for 2 500 000 rubles was bought. In 2009, the amount paid by Mamonov Personal Income Tax was 39,070 rubles. In 2010 - 40 030 rubles. In 2011 Mamonov did not work and the income tax did not pay.

The maximum tax deduction for the purchase of housing in this case is:

• 510 thousand rubles - expenses incurred to purchase an apartment;
• 2 000 rubles - a fixed limit.

In the first case, the amount of compensation will be equal to only 66,300 rubles (510 thousand * 13%). For three years before buying an apartment, the pensioner paid taxes to the budget of 39,070 (2009) and 40,030 (2010), which means that 66,300 rubles will be reimbursed to the refund. The counted 12 800 thousand will not be reimbursed! Note that the same tax deduction for the purchase of housing for the amount of 510 thousand rubles Mamonov could have received in 2006, when buying a room. In this case, the pensioner would no longer be able to count on the recovery of personal income tax from the purchase of a second estate.

In the second case, the calculation of the recoverable personal income tax will look like this: since the cost of the apartment (2,500,000) is more than the established limit, the compensation amount will be 260,000 (2,000,000 * 13%). However, the amount of personal income tax paid for three years is 79,100 rubles (39.07 thousand + 40.03 thousand), and it will rely on reimbursement. The balance of 180 900 (260 thousand - 79.1 thousand) will not be reimbursed.

If the apartment was bought by Mamonov in 2014, the right to tax deduction for the purchase of a pensioner would be lost altogether.

Thus, for pensioners, the tax period is limited, for which they can reclaim the income tax, and hence the recoverable amount. Otherwise, the procedure for granting a deduction is the same as for other categories of citizens.