Sale of an ancestral apartment that has been owned for less than 3 years

After the death of relatives, various property often remains. Then citizens are faced with questions: how long can you sell housing after entering into an inheritance, whether it is necessary to pay tax and in what amount, whether declaration is mandatory. We will talk about this and much more further.

Many heirs are interested in when they have the right to sell the housing they received. The law establishes that the entry into possession of property occurs on the day of death of the testator relative. This means that you can live in the apartment, rent it out. Also, the heir is obliged to pay taxes on real estate, to bear the costs of housing and communal services.

But it will be possible to dispose only after six months after the death of the testator. Before this period, it will not be possible to sell or donate it.

Within six months, you need to submit an application to a notary about the intention to enter into inheritance rights and wait for the required date. The six-month period is necessary so that all potential applicants have enough time to learn about the death of the testator and assert their rights.

After the specified period, you can get a certificate. It, along with other documents, must be submitted to the Rosreestr authorities. They will register the ownership of the property. An extract will be issued confirming this fact. This can be done through multifunctional centers or the Internet. Only after passing this stage can you engage in buying and selling.

To do this, you need to conclude an agreement with the buyer and submit it for registration with Rosreestr. If the seller who has received the inheritance is incapacitated, the transaction is executed for him by a guardian. In the case when he is a minor, his parents act in his interests (if he is under 16 years old), or he himself with their consent (from 16 to 18 years old). In this case, it will be necessary to obtain permission from the guardianship authorities for the sale.

The spouse's consent to the sale of an apartment inherited by the husband or wife is not required. This property does not belong to the family's marital property. An exception is the case when a different procedure is established by the marriage contract. In such a situation, the necessary document for registration by Rosreestr will be the notarized consent of the spouse to the transaction.

Selling risks

Is it possible to early sell a property that was inherited by will? This is acceptable. To do this, you will need to find a buyer who agrees to wait for the finalization of the transaction until the time comes to enter into the inheritance.

You will need to sign a preliminary contract with him. Under its terms, the parties come to an agreement on the conclusion of the transaction and its registration after the execution of the necessary documents by the heir. Then the final calculation takes place. They also agree on the payment of an advance. At the same time, a potential buyer can immediately move in and live in an apartment, which is prescribed in the contract. However, this option, in addition to the advantage of selling quickly, has many risks.

1. Other heirs may appear who do not want to sell the apartment.
2. A will will be found, according to which property does not go to close relatives, but to other persons. In this case, you will have to return not only the advance payment for the apartment, but it is also possible to incur the costs of paying penalties under a preliminary agreement.
3. The buyer may refuse to pay the final amount and will not want to move out of the apartment, which will cause the need to go to court.

Therefore, when choosing this option, it is necessary to know for sure that there are no other contenders for the inheritance to whom the property could bequeathed by the deceased. You also need to be confident in the potential buyer.

The heir, when selling an apartment that has passed to him, is also not immune from the risks of the emergence of new applicants for property in the future. You can't completely protect yourself.

Currently, notaries maintain a unified register of wills. But if the document was drawn up several years ago, you can find out about its existence only at the time of the announcement of new heirs. If they prove to the court that they have only now become aware of the death of the testator, they will be able to enter into the rights to real estate. In this case, you will have to pay compensation for the already sold property.

To minimize these risks, it can be recommended to notify all relatives of the death of the testator. Find out if there is a will. In the event of disputes, try to challenge such a document, ask the court to apply the statute of limitations.

Tax

Income earned from the sale of housing is subject to income tax. In short, it is called NDFL. Inherited property also falls under these provisions.

The rate is set at 13 percent for residents of our country. This includes those who live in Russia for 183 consecutive days throughout the year. The rest are required to pay 30 percent of the funds received. However, the law establishes a number of cases in which a person is exempt from paying tax.

The owner owns the property for at least three years, while it is received:

• as a legacy
• as a gift from the next of kin;
• on privatization;
• as a rent payer;
• purchases before 01/01/2016.

In all other situations, for exemption from tax payments, you must own an apartment for at least five years. It is possible to change the specified terms in the direction of their reduction by the law of the constituent entities of the Russian Federation.

The countdown of the period of ownership of property passed by inheritance is made not from the date of issue of registration documents for it, but from the moment of the death of the testator.

Example: citizen Filimonov received an apartment after the death of his grandfather in 2008. He completed the registration of documents only in 2016. In 2018, citizen Filimonov sold his living space. Although the certificate is dated 2016, you do not need to pay tax. The heir has been the owner since 2008, that is, over three years.

Sale procedure

The sale of an inherited apartment that has been owned for less than 3 years will require the payment of tax. Taxation is carried out from the price prescribed in the contract. But there are some nuances here. In this case, the important point will be when exactly the inheritance was received.

In this situation, it is necessary to find out the cadastral value of the apartment on January 1 of the year when the sale is planned. The necessary information can be obtained from the multifunctional centers. To do this, an extract for the object or a certificate of this type of value is ordered. It is also possible to issue these documents in electronic form through the Rosreestr website.

It is necessary to compare the cadastral value with the price for which the apartment is sold. If the amount received as a result of the transaction is less than this value, the tax calculation will have to be carried out as follows.

The purchase price under the contract will not be taken into account. To determine the tax base, you need to multiply the cadastral value by a reduction factor. From the amount received and it is necessary to make a calculation. As a general rule, the coefficient is set at 0.7. But the subjects of the Russian Federation have the right to reduce it by their laws. This benefit can be extended both to all citizens and to certain categories, for example, the disabled or pensioners.

If the cadastral value as of January 1 of the year in which the purchase of the inherited real estate was registered is not established, the calculation is made from the price of the contract.

Example: Citizen Lustov inherited an apartment in March 2016. He sold it for 3,000,000 rubles. The cadastral value of this object is set at 4,500,000 rubles. Taxation must be made from the amount of 3,150,000 rubles (4,500,000 x0.7).

Tax deduction

The amount of income specified in the contract or calculated from the cadastral value can be reduced. Only residents of the Russian Federation can do this.

The following types apply.

1. Property deduction.

Its size is set at 1,000,000 rubles. Applicable for the sale of land, apartments, residential and garden houses, rooms. If another building or premises is being sold (for example, a garage), the deduction will be 250,000 rubles. This amount applies to transactions where the subject is a car.

The exception is property used for business purposes, whether it is real estate or a car. In this case, the deduction cannot be applied.

one). Citizen Kuptsov sold the house he inherited for 3,650,000 rubles. He will have to pay tax in the amount of 344,500 rubles. 3,650,000 (received under the agreement) - 1,000,000 (deduction amount) = 2,650,000 x 13% = 344,500 rubles.

2) Citizen Zaripova sold an inherited room in a communal apartment for 900,000 rubles. Since the income received is below the amount of the deduction, the tax amount will be 0 rubles.

Many try to use the so-called trick to avoid the cost of paying tax. When selling, the contract indicates a price equal to a deduction of 1,000,000 rubles or less. In reality, a large amount is transferred. This option has certain risks. So, if for any reason the contract is terminated, the seller, in case of bad faith of the buyer, will be able to get back only the million indicated in the documents.

The tax deduction can be applied for the year only in the amount of 1,000,000 rubles. If several objects are sold during this period, it is determined in aggregate for all of them, and not for each separately.

The deduction also applies if a share in the right to an apartment was sold. However, its size for each of the owners will depend on whether the whole property is being sold, or only part of it. When shared co-owners sell an apartment as a single object under one agreement, the tax deduction is distributed between them. Everyone gets the right to it, depending on the size of their share. When only a share was bought from the heir, he can apply the entire amount to the reduction of income. To make it clear how much is deductible in which case, consider examples from life:

1) Brother and sister Politsaevs inherited an apartment for ½ shares each. Six months later, they decided to sell it to citizen Petrov for 1,500,000 rubles. Since the property was sold as a whole object at a time, both sellers have the right to reduce income by 500,000 rubles. Thus, Politsaev and Politsaeva are required to pay a tax in the amount of 32,500 rubles each.

1,500,000 / 2= 750,000 rubles - the income of each of the sellers.

750,000 - 500,000 = 250,000 x 13% = 32,500 rubles

2) Brother and sister Demidovs inherited a residential building for ½ shares each. Immediately after receiving Demidova, she decided to sell her share for 1,200,000 rubles. The brother did not make any transactions. Since only part of the property is being sold, citizen Demidova has the right to apply the tax deduction in full. She is obliged to transfer tax in the amount of 26,000 rubles.

1,200,000 - 1,000,000 = 200,000 x 13% = 26,000 rubles

1. Costs incurred in acquiring property.

The seller has the right to reduce the income received from the sale of housing by the amount of expenses incurred by him upon entering into the inheritance. These may include:

All expenses incurred must be documented. It should also be clear what specific property they are associated with. It is not allowed to take into account the costs incurred for the design of another object.

Example: citizen Lyalina sold her inherited house for 2,600,000 rubles. When calculating the tax, she reduced the income by the amount of expenses incurred by her when registering the property. 75,000 rubles were spent on notary services, 15,000 rubles on the preparation of house documents. Thus, 326,300 rubles are payable.

2,600,000 - (75,000 + 15,000) \u003d 2,510,000 x 13% \u003d 326,000 rubles.

As a rule, such expenses are not very high. Obviously, it is much more profitable to apply the deduction. However, it is advisable to use the reduction in income on expenses incurred when some other property is sold during the year. In this case, for one object, income is reduced by the amount of the deduction, for the second - by the expenses incurred.

To apply a deduction, or to reduce income by the amount of expenses incurred, is up to the payer himself. No one, including the tax inspectorate, has the right to give instructions on this matter.

Declaration of income

If you are obligated to pay tax on the sale of inheritance property, you must submit a declaration. It is filled in the form 3-NDFL. This can be done both on paper and electronically.

A form of this document can be obtained at any tax office, as well as on the official website. As a rule, a sample filling is also presented there. The following documents must be attached to the declaration, which are the grounds for applying deductions:

• a copy of the sales contract;
• a receipt or receipt for receiving money (if the payment details are not specified in the contract);
• confirmation of the costs incurred for a notary, lawyer, realtor, etc., when not a deduction is applied, but a reduction in the amount of expenses.

When handing over on paper, this can be done personally by the taxpayer or his representative by proxy. It is also possible to send documents by mail. To do this, the letter must be registered, have an inventory.

You can fill out an electronic form for sending on the website of the Federal Tax Service through your personal account or the State Services portal. This will require a digital signature.

The declaration is required to be submitted, even if the tax payable is 0 rubles after the deduction is applied. When the inherited property has been owned for more than three years, nothing needs to be sent to the tax office.

The declaration must be submitted no later than April 30 of the calendar year following the sale. So, if the apartment was sold in 2017, the documents must be submitted before 04/30/2018.

Payment terms and penalties

Income tax must be transferred to the budget no later than July 15 of the year following the sale. That is, for a transaction made in 2017, payment must be made before 07/15/2018.

In the event that the seller has not filed a declaration and has not made the necessary calculations, a fine will be imposed on him. Its size is 20 percent of the amount payable (40 percent if these actions are intentional). In addition, for each overdue day, penalties are charged at 1/300 of the refinancing rate.

But if the payer submitted a declaration in which he calculated the tax, then he is exempt from the fine. Only late fees are charged.

There is a penalty for not submitting the declaration or violating these deadlines. Penalties of 5 percent of the tax payable will be charged for each month.

The maximum fine should not exceed 30 percent of this amount. The minimum amount is also set at 1,000 rubles. Even if the tax after applying the deduction is 0 rubles, you will have to pay 1,000 rubles.

The sale of an apartment after entering into an inheritance entails the obligation to pay tax. Only those persons who have owned property for more than three years are exempted from this. When paying, the calculation base can be reduced by the amount of the deduction or the expenses incurred. It is imperative to submit a declaration, even if the payment is 0 rubles. Penalties are provided for breach of duty.