Improve the price - is it legitimate? We decided to buy apartments for yourself, chose your favorite, agreed about everything. And the seller says, let's specify the price in the sale contract below the real one.
You have round eyes. What for?But why tell this seller.
The seller has income from the sale of an apartment, if sold more than bought. From such income, i.e. From the difference between the price of buying and selling, you need to pay taxes. NDFL 13%. It should be understood that the tax arises not always. According to paragraph 2 of Article 217.1 of the Tax Code of the Russian Federation when selling real estate, income does not arise and the tax is not paid if the object was owned by the seller
The deadline for the period or 3 years is recognized for cases when the only housing is sold or real estate to the seller has passed under the contract or inheritance, but from close relatives, or under the privatization agreement or rent with the right of life lifelong residence. But here there are nuances, about it just below. Or 5 years old for all other cases. By the way, 5 years will be in cases where the seller has other real estate (share) in the property, acquired earlier than 3 months before the current transaction. Then the rule of 3 years does not work.
This includes, by the way, the transactions for the exchange of apartments under the Renovation program. The countdown of the new apartment begins with the beginning of the ownership of the old housing, which is handed over to the city.
But, if the apartment is sold before the deadline, it begins bargaining about the rise of the price ...The seller does not want to pay taxes and therefore asks to reduce the price in the contract.
The price difference is usually issued by agreement or ordinary reception on the transfer of "extra" money.
✔️ With a mortgage of banks now, of course, take such transactions. And that's not all. At the same time, in the loan agreement, the goal will be indicated by the acquisition of housing and inseparable improvements. Something in such a spirit.
By the way, these banks work with understatement:
Until any amount - Gazprombank, Minbank, Raiffeisenbank, Rosbank House (but not in all offices), Sberbank, Unicreditbank, PSB, Bank St. Petersburg.
Up to 1 million rubles - the Bank Opening and BZhF.
Until the loan amount - Ak Bars Bank, Absolut Bank, VTB, Sovkombank, Alfa-Bank, Bank Zenit, TKB, Surgutneftegazbank, Metalinvestbank, Uralsib, Mortgage 24 (Rusnarbank) (or up to 70% of Cadastre)
Do not underestimate the price - RSHB, the Russian Federation.
✔️ If there are government subsidies, then with the understatement there will be problems. If without subsidies, then the banks agree on the transactions, but with the subsidies, the understatement will not be accurate. Maternal capital, for example, the Pension Fund may refuse to translate if the transaction does not help.
✔️ Subsidy sum, for example, on the program, a young family may be lower. After all, when paying compensation, the price is estimated from the purchase agreement. Those. Get in a smaller amount than you could.
✔️ Property tax deduction for percentage in mortgage can also be lost, because In fact, it turns out not quite a target loan, not only purchase. And the deduction is given on targeted loans.
✔️ if the deal will be challenged or suddenly the seller will change his mind in the process, then the transaction can terminate (after a court, of course), and you can only return the amount under the contract. Money on receipt is another court and other disassembly with the seller.
✔ yes and, if the deal passed on a non-market price, then the courts are often considered that you have not shown caution, prudency and good faith. With all the ensuing consequences.
So the rorestra began to slow down the transactions with an understatement, paying attention to the difference in prices in the loan agreement and the acquisition agreement. List the carousel.
Registration is suspended. As parties will explain to Rosresser, the difference in prices is not clear.
Of course, a single case, but you understand. At any beginning there is a system ...
