How long and how long can you sell an apartment after buying it?

Last update: 05/26/2022

How long does the process of selling an apartment take?

If you answer this question briefly and without going into details, then – from 5 working days to six months, or even more! This is the range of sales periods in the real estate market! How come? Why such an unclear answer? And what does this sales period depend on?

This is where detailed explanations are needed.

To understand how long an apartment purchase and sale transaction takes , you need to understand what it consists of. Moreover, for the Seller and for the Buyer these may be different terms! Another mystery? Nothing like this!

After all, the Seller can put up for sale and advertise his apartment for several months until a Buyer is found. And the Buyer, on the contrary, can quickly select and view several suitable apartments and make a purchase decision within a matter of days. So it turns out that the duration of the sale-purchase of an apartment is different for them.

In this case, the buyer can regulate the duration of the purchase process himself. He himself determines how much time to spend searching for an apartment and how much time to check documents. The Seller, on the contrary, in relation to the time (term) of the sale is forced to rely on the will of the market and the demands of the Buyer in the process of checking the “legal purity” of the property.

Therefore, further we will look at what makes up the time spent on selling an apartment from the Seller’s position (and we will give examples below). This will help the Seller not waste time on useless experiments and will tell him how to speed up the sale of his apartment.

How do alternative transactions with apartments take place? What is the procedure there? – see the link.

How long does it take to sell an apartment

 

1. time to find a buyer (exposure in advertising, showing apartments, waiting for a Buyer);
2. time to prepare the transaction (the Buyer has been found, we negotiate, collect documents, check out of the apartment, wait until the Buyer checks everything, agree on the terms of the transaction and cash payments); if the Buyer has a mortgage, then we are still waiting for approval/approval from his bank;
3. time to draw up an apartment purchase and sale agreement and formalize the transfer of money (we meet at the transaction, read and sign the contract and settlement agreement prepared at the previous stage);
4. time to register the transaction (the terms here are regulated by Rosreestr).

Now point by point - what time is spent on in the process of selling an apartment, and what the Seller needs to do to speed up this process.

“We guarantee you!”... Should you believe the promises of realtors - read here.

The duration of exposure in advertising and the Buyer's expectation depends on how well the advertisement for the sale is written (including the quality of photographs of the property), on the adequate price (in comparison with its closest competitors), and on the general state of the real estate market (growth, decline or stagnation).

Therefore, in order not to delay the sale time, the Seller needs to take care of the pre-sale preparation of the apartment, the attractive appearance of the advertisement, and not be greedy in determining the price of his home.

If the price of an apartment is too high, then the loss of time will continue until the Seller realizes this and brings the price to the market level.

And he will just have to come to terms with the current state of the market.

Refund of the advance (deposit) for the apartment. Is it possible? The answer is in the note at the link.

At the same time, you should agree on the method of transferring money for the apartment and on the terms of the Sale and Purchase Agreement (more about this in the links in the Glossary). If all the terms of the transaction are prepared in advance, proposed and agreed upon with the Buyer, then no separate time investment will be required.

With the agreed conditions and the prepared Apartment Purchase and Sale Agreement, we enter into a deal . That is, the Seller meets the Buyer, for example, in a bank, where the transfer of money will take place.

An agreement on the terms of payment is signed there.

Then, here or in another place (for example, at a notary), the Sales and Purchase Agreement is signed and, together with other documents, is submitted for registration (to the MFC, to the Rosreestr branch, or the registration is entrusted to a notary).

All this rigmarole with the execution of a transaction for the purchase and sale of an apartment usually takes place within one day.

Then we simply wait for the allotted time until Rosreestr registers the transfer of rights under the transaction (this takes 3-9 business days, for more details see the link in the Glossary). After which we receive the documents back, sign the Transfer Deed, hand over the keys to the apartment, and that’s it – the deal is completed.

Is it worth doing renovations before selling an apartment? Or is it better to sell it “as is”?

What else can affect the timing of the sale of an apartment?

The time frame for selling an apartment may increase due to unforeseen circumstances , which in practice occur suspiciously often. What is this about?

Unforeseen delays can be associated both with paperwork and with purely everyday reasons that were not taken care of in advance. For example:

• ordering a fresh Extract from the Unified State Register took 3 days from the Buyer instead of one (3 days is the official period for issuing extracts from Rosreestr); or
• The buyer insisted on receiving ND and PND certificates for those apartment owners who caused his distrust (this may take a week); or
• the Seller’s family members check out of the apartment for a long time before the transaction (if this was part of the terms of the sale); or
• everyone is waiting together for the decision of the inspector of the guardianship and trusteeship authorities (if there are minors or incapacitated people in the apartment); or
• an encumbrance of rights was discovered, or an accumulated utility debt, or a cadastral error in Rosreestr data, or an illegal redevelopment; etc.

All this, of course, takes time, and the execution of a transaction for the purchase and sale of an apartment can take several weeks.

In addition, the apartment seller should keep this point in mind. Rosreestr has the right to suspend the registration of a transaction if the registrar has questions and/or discrepancies are discovered in the register data and the submitted documents. In what cases this happens and how it is dangerous for the Seller is described at the link in a separate note.

To reduce the time it takes to complete a transaction and avoid unexpected delays, the Seller must consider these options and take action in advance. How all this is done is described in STEP-BY-STEP INSTRUCTIONS (see link at the end of the article).

How to issue a power of attorney for the sale of an apartment - see this article.

How to speed up the sale of an apartment?

What if the Seller desperately needs to sell his apartment quickly? How can he speed up the sales process as much as possible? In Moscow, for example, there is a special service for such hurry-ups - urgent purchase of apartments .

If you contact such an office, you can sell your apartment in a very short time (literally in 3-5 days), without bothering with advertising, searching for a Buyer, etc. They will even help you collect documents. Everything is fast and convenient. Except for the price!

As you know, you have to pay for pleasure. Pleasure is the absence of red tape and loss of time, minimum effort and maximum comfort. And this very pleasure costs the Seller money, which is deducted from the market value of his apartment. The fee for such acceleration of sales ranges from minus 15-25% of the market price. It hurts... but quickly.

Therefore, if life does not force you to resort to extreme measures , then it is better to sell the apartment in the usual way, and reduce the sales time as described above.

From what price does the Seller of an apartment pay tax? What is the taxable base - see here.

Examples of calculating the time it will take to sell an apartment

In general, the essence is this: the actual purchase and sale transaction of an apartment (preparation + registration + registration) does not last long, literally, a matter of days, sometimes weeks. The main loss of time is spent on advertising the apartment and searching/waiting for a Buyer (this can take months).

The fastest option for selling an apartment (through urgent purchase):

1. Search for a Buyer = 1 day (if you apply for a service for the urgent purchase of apartments);
2. Preparation of the transaction and express verification of documents = 2-3 days (if there are no obvious obstacles, encumbrances or unexpected surprises with documents);
3. Registration of the transaction (preparation and signing of the Sale and Purchase Agreement, actions for transferring money) = 1 day;
4. Registration of the transfer of rights under the transaction in Rosreestr = 3 days.

TOTAL: 6 – 7 working days.

Typical (average) option for selling an apartment based on real market practice (using the example of Moscow):

1. Search for a Buyer = 1-3 months (if the price is adequate to the market and the market itself is not in a state of decline);
2. Preparation of the transaction, collection of documents and their verification by the Buyer = 5-10 working days (depending on the need to obtain certificates from the Guardianship, ND and PND, registration certificate and other documents for special cases);
3. Registration of the transaction (preparation and signing of the Sale and Purchase Agreement, actions for transferring money) = 1 day;
4. Registration with Rosreestr = 3-5 working days (depending on the method of concluding the agreement - notarial or in simple written form).

TOTAL: 1.5 – 4 months.

How long an apartment will be advertised also depends on its liquidity . For example, a one-room apartment in a residential area is more liquid and will “go away” faster than a three-room apartment in an expensive and prestigious center.

It is clear that no one knows the exact time it will take to sell an apartment, and the indicated time frame is the “average temperature in the hospital.” Nevertheless, this is at least some kind of guideline for those who are faced with the task of buying and selling real estate for the first time.

How to act as an apartment seller - from assessing your own home and placing an advertisement, to completing documents and receiving money for the sold apartment - is described step by step in our INSTRUCTIONS >> “Apartment Seller”.

Professional support from a lawyer in matters of purchasing a home is NOT superfluous. Find legal advice on real estate and transaction support HERE .

• "SECRETS OF A REALTOR":
• How the purchase and sale transaction of an apartment takes place can be seen on the interactive map STEP-BY-STEP INSTRUCTIONS (will open in a pop-up window).

When can you sell an apartment after purchase: after what time?

If immediately after purchasing an apartment the need arises for a second sale, many people have a reasonable question: when exactly can they sell the apartment after purchase? There are certain details and nuances that should be taken into account. Let's consider this issue in more detail.

When can you sell an apartment after purchasing it?

The apartment can be sold literally at any time if all the conditions for this procedure are met:

• there has been a complete transfer of ownership rights;
• the mortgage has been paid in full;
• a citizen who wants to sell an apartment has the opportunity to pay sales tax, etc.

In simple terms, if all the issues are settled, the documents are drawn up, the contract is registered, and the buyer is now the new and sole owner of the property, then he can sell his apartment even within a minute from the moment the transaction is completed. There are no legal restrictions on this process.

However, as mentioned earlier, when selling an apartment you must pay a tax of 13% (in accordance with Federal Law No. 382 of November 29, 2014). This rule also applies to a mortgage loan and when purchasing an apartment through maternity capital.

Taxes when selling an apartment

If there is a need to urgently sell the purchased apartment, then you need to keep in mind the specifics of paying tax:

1. If the apartment has been owned for at least 3 years, no tax will be charged on such an apartment upon sale.
2. Tax is not required to be paid when selling an apartment worth less than 1 million rubles.

Read more about what tax you need to pay on the sale of an apartment here.

The 3-year rule applies in all situations for the sale of an apartment, if one is received:

• by inheritance;
• on privatization;
• under a rent agreement;
• as a gift.

If apartments obtained in one of the specified ways and corresponding to one of the points are sold, there is no need to pay tax.

For all other cases, this period increases to 5 years. But the amount of sale of an apartment required for tax exemption does not change.

Many citizens try to evade paying taxes by writing an inaccurate price for the apartment in the purchase and sale agreement.

Often, this method does not work, causing the inspection commission to have certain doubts about the authenticity of the transaction, after which an additional check is ordered, during which the violation is revealed.

It is not recommended to do this, since evading tax is unacceptable and is punishable by corresponding financial liability if a tax return is not provided.

Therefore, when urgently selling an apartment after purchase, it is better to do the legal thing and pay taxes, and initially additionally make sure that you have the required amount of funds on hand to pay the tax.

Considering all the information above, you can sell an apartment at any time, the main thing is to do everything legally, pay taxes and generally follow the legal requirements regarding this procedure. In general, the process of selling an apartment is identical to any other cases, and determining the timing of drawing up a purchase and sale agreement is an individual matter.

What is important for the owner to know about how long it takes to sell an apartment after purchase, and about the taxation procedure?

Circumstances often arise that require you to sell a newly purchased apartment.

Sometimes citizens invest free money in real estate for subsequent resale.

Such actions are not prohibited by law, but in this case, home sellers are subject to some restrictions. Read more about this in this article.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.  

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call +7 (499) 577-04-19. It's fast and free!

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How long does it take to start managing real estate after purchasing it? Is it possible right away and when is the best time?

After the parties sign the purchase and sale agreement (SPA), on the basis of Article 549 of the Civil Code of the Russian Federation, the transaction is considered completed. But this does not yet provide grounds for the disposal of acquired real estate, since according to the provisions of Article 131, paragraph 1 of Article 551, paragraph 2 of Article 558 of the Civil Code of the Russian Federation and Federal Law No. 218-FZ of July 13, 2015, the agreement acquires legal force only after registration.

Registration is carried out to enter information about the transaction and the transfer of ownership of the apartment. This procedure can last up to 1 calendar month, and in case of violations – up to 3 months.

After it is completed, the buyer will receive:

• agreement with a note on registration of the transaction;
• extract from the Unified State Register of Real Estate.

The time frame for registering a transaction can be reduced to 10 days if the parties contact the MFC at the same time , and a notarized agreement will be registered after 3 days.

If, having bought an apartment, the person who has taken ownership rights intends to immediately sell it, then he should consistently perform the same actions that he just performed when buying an apartment, but now from the position of a seller. At the same time, he has a new obligation - to pay personal income tax for the sale of recently purchased residential premises.

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The only restriction on transactions with newly acquired real estate arises from the Tax Code. Taxation standards for citizens provide for the withholding of personal income tax (NDFL) when they sell real estate.

Based on Federal Law No. 382-FZ “On Amendments to Parts One and Two of the Tax Code of the Russian Federation”, adopted on November 29, 2014, sellers are taxed if the objects:

When can you sell an apartment after purchase without taxes, after how many years

Tax legislation considers the sale of an apartment inextricably with the income received from this transaction.

Accordingly, such transactions (or rather, the funds received) are subject to personal income tax, the amount of which is currently 13%.

However, there is a condition regarding the limitation of ownership of real estate, upon the occurrence of which the transaction is exempt from taxation. But how long should it take for this to happen? The answer is below!

When can you sell an apartment after purchase to avoid paying tax?

So, how long can it take to sell an apartment after buying it? Should many years pass or will a shorter period suffice?

Until the first day of 2016, the legislation had a general rule for everyone, according to which sales without taxation could be carried out after three years of ownership of real estate, including an apartment.
However, starting from the specified date, this period when it is possible to sell an apartment without tax was retained only for persons who purchase housing for certain reasons.

The total term to date is five years. This decision was made as a result of countless speculations in the real estate market, in particular related to tax evasion.

As before, persons who received an apartment on the following grounds are exempt from taxation:

• as an inheritance;
• as a gift;
• through free privatization (state privatized apartment);
• by agreement of life annuity (maintenance).

Persons who purchased housing or those who carried out paid privatization must wait 5 years after purchase before being able to sell the property tax-free.

If the apartment was purchased with a mortgage

A mortgaged apartment is taxed on a general basis. Purchasing real estate with a mortgage, by its legal nature and from a tax point of view, is no different from a regular purchase and sale. For this reason, the five-year rule to sell an apartment tax-free also applies to such housing.

It must be borne in mind that tax legislation refers to the ownership of real estate. Thus, mortgage apartments can be issued in two ways:

• with the transfer of ownership to the debtor and the imposition of an encumbrance on the apartment;
• with the bank retaining ownership rights.

The moment at which owners of mortgaged housing acquire ownership is of key importance. Thus, if the mortgage agreement provided that ownership would pass upon repayment of the loan, then the limitation period for tax purposes should be calculated from the corresponding date of making the last installment.

If the agreement establishes that ownership passes at the time of purchase, and an encumbrance is placed on the apartment, then the limitation period is calculated directly from the moment of purchase.

However, if such a condition is not established in the agreement, which happens very rarely, then the general rules of civil law apply, according to which ownership rights are transferred when the counterparty fulfills the obligation to pay in full.

If the apartment was purchased with maternity capital

Maternity capital is a social benefit. According to the general rule of tax legislation, social benefits are not subject to personal income tax. For this reason, many people mistakenly believe that a transaction for the purchase and sale of real estate using maternity capital is also not subject to tax.

However, this is an incorrect conclusion. Only the amount of maternity capital itself is not subject to tax. But, if it is used for other taxable purposes, then the exemption does not apply. The statute of limitations for possession is also five years. So, it will not be possible to sell an apartment immediately after purchase using maternity capital without taxation.

How does the type of property affect the tax upon sale?

As already noted, the statute of limitations is 5 years. However, this rule has the following caveats:

• if the apartment was purchased before January 1, 2016, then the statute of limitations is 3 years;
• if it was purchased after the specified date (for example, in 2018 or 2023), then the period during which the apartment must be owned is 5 years;
• Also, for the sale of housing received through gratuitous transactions (if privatized, accepted as a gift, inherited) or under a lifelong annuity agreement, a statute of limitations period of 3 years applies.

Thus, if the seller owns the apartment for more than the specified period (3 or 5 years), then the obligation to pay tax is removed from him . It is important to understand that it is not the type of property that determines personal income tax, but the type of income or category of taxpayer that allows him to receive a benefit.

Tax amount

The tax on the sale of real estate that was owned by the seller less than the statute of limitations is called personal income tax and is equal to 13% of the amount of income received. It is important that it is the income received that determines the specific amount of payment, because many people mistakenly believe that the tax is calculated on the entire sale price.

The amount of tax can be calculated according to the following rules:

• if the sale is carried out at a higher price than the purchase, then the tax is calculated on the specified difference;
• if the sale price is less than the purchase price, then the person does not pay tax.

As you can see, such rules provide a wide opportunity to evade tax obligations. Therefore, when concluding a transaction, many people try to indicate a lower amount in order to avoid paying tax. After all, previously there was a rule according to which transactions amounting to less than a million were not taxed.

Since 2016, a rule has been in force where taxation is tied to the cadastral value. So, if the transaction amount is less than a million, but also less than 70% of the cadastral value of the object, then taxation is carried out in any case. Moreover, the tax amount will be calculated from the difference between the transaction amount and the cadastral value.

Who is exempt from paying tax

As already noted, persons who have owned it for more than five years are exempt from paying personal income tax when selling an apartment, subject to the previously noted reservations. The legislation does not provide for other types of exemption from this tax.

At the same time, without providing a complete exemption from personal income tax of this type, the legislation assigns to each apartment seller the right to deduction. So, there are two types of deduction:

• refund of property tax from any property under ownership in the amount of 1 million;
• tax refund taking into account expenses incurred for the sale of the apartment.

In both cases, the deduction can be returned to the taxpayer either gradually, throughout the year, or all at once, at the end of the relevant year. Of course, each of these types of deductions must be certified by the tax service. You can do this as follows:

1. When certifying the right to a deduction in the amount of a fixed million rubles, it is necessary to present a citizen’s passport and a purchase and sale transaction.
2. To certify a deduction from actually incurred expenses, it is necessary, in addition to the state passport and the transaction, to submit payment documents confirming the expenses incurred.

It is worth noting that a deduction in the form of a million rubles is provided to each citizen once in his life until the limit is completely exhausted. A deduction from expenses is provided for each sale according to the amount of expenses incurred.

Nuances

In this situation, tax legislation establishes two types of violations for which the same legal sanction is imposed:

• non-payment of tax;
• refusal to provide information to the tax service.

Both offenses are punished equally. Thus, for late payment, 5% of the unpaid amount is charged every month. However, the amount of the total fine cannot be more than 30% or less than 1000 rubles. For complete non-payment of tax, a fine of 20% of the unpaid tax amount is established.

Unlike the standard option of paying property tax or personal income tax, where the tax authority itself sends a notification when the obligation to pay tax arises, in this case the taxpayer himself must submit a declaration from the moment the transaction is concluded.

After this, the tax service registers the tax base, establishes the tax amount and issues a receipt to the payer. Thus, if a person fails to fulfill the obligation to file a declaration in a timely manner or does not pay the tax at all, then the financial sanctions indicated above will be applied to him.

How long after buying an apartment can you sell it?

In accordance with the provisions of the Tax Code of the Russian Federation, a tax of 13% on income received as a result of the sale of an apartment that has been privatized may not be paid if a certain time has passed since the date of registration of the property as the property of the seller.

So, if residential real estate was registered as the property of an individual before 2016, then such housing can be sold without paying a 13% tax after three years. If the apartment was privatized in 2016 or later, then sale without paying tax is possible only after five years.

For apartments that were given to citizens by inheritance or as a gift, a three-year period remains.

The increase in the period after which a tax-free sale of housing is possible is caused by the state’s fight against the speculative tendency in the real estate market, when individuals, purchasing housing at a lower price, resell it at a higher price, thereby extracting unearned income.

For an apartment owner to be able to sell an apartment without paying tax, three or five years must pass. This period depends on the period of time in which the residential property was purchased.

Thus, for all transactions that were concluded for the purchase of housing before January 1, 2016, there is a three-year period, after the expiration of which you can sell the housing without paying 13% tax.

In the event that housing was purchased after 01/01/2016, the period that must be waited is already five years.

The legislator made an exception only for apartments that:

• received by inheritance;
• donated by close relatives;
• received under a life annuity agreement.

For such real estate, a period of three years is left.

In addition, local authorities in each specific case may decide to exempt a specific individual from paying tax when selling an apartment that was purchased after January 1, 2016.

The three-year or five-year terms begin on the date the homeowner receives a certificate of title. And if such an owner sold the housing before the expiration of the three-year or five-year period, then he is obliged to pay 13% of the amount he received from the sale of the apartment.

When can you sell an apartment after purchase, how many years must pass in order not to pay tax?

According to Russian legislation, citizens' income is taxed. Profit received from the sale of real estate is also subject to taxation.

Reducing the tax percentage or evading its payment by legal means is a natural desire of a person who does not want to part with a large sum of money.

Let's look at how to sell real estate and not pay personal income tax to the state.

Is it possible to sell an apartment immediately after purchase, under what conditions?

By becoming the owner of property, a citizen receives the right to dispose of it at his own discretion. The only limitation is that the owner must not violate the rights of third parties by his actions.

Is it possible to sell an apartment immediately after purchasing it? Yes, the legislation does not set any time limits. However, the property owner should remember that income received from the sale is subject to tax at the rate of 13% of 70% of the cadastral value of the apartment.

How long does it take after purchasing a home to sell it tax free?

The need to pay income tax is limited in time. The state has provided a benefit for citizens who have been owners of property for a long period - they are exempt from tax. Since the amount of personal income tax is quite large, most property owners are interested in when they can complete a purchase and sale transaction without losing money.

General provisions on terms of sale

How long should an apartment be owned before selling? It depends on who the previous owner was:

• 3 years if the property was received from a close relative;
• 5 years if the property was received from a distant relative or stranger.

It also matters how the current owner became the owner of the apartment. He could receive it as a gift, inherit it, buy it - in this case the rule of kinship applies. If the property was acquired as a result of privatization or under a lifelong maintenance agreement with rent, then the period is 3 years.

If you bought an apartment from your aunt, you will need to wait 5 years and only then sell the property, because she is considered a distant relative.

The law on such a temporary framework was adopted in 2016. Before this, the maximum period that the owner had to wait was 3 years and did not depend on family relations with the previous owner. Consequently, if a citizen purchased housing before 2016, the old conditions apply to its sale.

If housing was purchased with maternity capital

Does the temporary period condition apply to housing purchased with maternity capital funds? Social benefits are not subject to taxes, but this does not mean that the seller is exempt from personal income tax. The purchase and sale transaction will take place according to general conditions, and parents will have to wait at least 3 years from the date of purchase of the living space.

These are not the only difficulties parents will face. Since the apartment was purchased with maternity capital funds, the child is its co-owner and is registered in it. Transactions with real estate to which a minor is involved must occur under the control of the guardianship and trusteeship authorities.

To sell a home, parents will need to apply to the local administration and guardianship authorities to issue permission for the transaction. Without such permission, the contract is considered invalid.

If the buyer and seller manage to agree and transfer funds, the Rosreestr employee will refuse to register the property in the name of the new owner if he cannot provide permission from the guardianship authority.

The apartment was purchased with a mortgage

The general rules for paying taxes apply to a mortgaged apartment. Since it was purchased from a third party, the citizen must wait 5 years from the date of receipt of ownership and only then formalize the sale. However, this is where difficulties arise. At what point does a citizen become the owner of an apartment purchased with a mortgage?

Such nuances are most often specified in the mortgage agreement with the bank. There are 2 options:

1. Ownership rights arise from the moment the mortgage agreement is signed. The apartment actually belongs to the citizen, but is under the encumbrance of the bank. It is possible to sell it without paying personal income tax after 5 years from the date of registration of the mortgage, but it is still difficult to do this. Since the housing is under encumbrance, any transactions with it must be carried out with the permission of the bank, which is reluctant to resell mortgaged real estate.
2. Ownership arises when the mortgage is paid in full. During the entire loan repayment period, the citizen is not in fact the owner of the property. Therefore, without paying tax, he can sell the apartment only when 5 years have passed after the end of the mortgage payment. Considering how long mortgage payments last in practice, a person can count on a profitable sale 20-25 years after signing the contract.

READ ALSO: when can you sell an apartment after donating it without tax?

What if the mortgage agreement does not say anything about when ownership becomes due? Then the general rules of the Civil Code come into force. According to the Civil Code of the Russian Federation, a citizen becomes the full owner only after repaying loan obligations in full.

Who is exempt from paying tax when selling a purchased home?

How to avoid paying tax or at least reduce it? You can reduce your personal income tax by taking advantage of one of the government benefits:

1. Tax deduction. Tax is imposed on amounts over 1 million rubles. Therefore, it is necessary to deduct 1 million rubles. and pay income taxes on the balance.
2. Expense deduction. The owner of the apartment can deduct the costs of purchasing the apartment from the amount of income.

For example, he bought a house for 4 million rubles and sold it for 2 million rubles. - in this case, only half of the original cost of the apartment is taxed. You can take into account the costs of repairs and redevelopment of real estate, but they will need to be documented by the tax office.

Is it possible not to pay tax at all? Possible options:

• the property was sold for less than 1 million rubles;
• the costs of purchasing an apartment exceed the income from its sale;
• the owner has owned the living space for more than 3 or 5 years.

It is impossible to take advantage of two deductions at the same time - both tax and expense. Also, you should not artificially lower the value of real estate and sell it for less than 1 million rubles.

, having received the rest of the money from the buyer bypassing the contract. To prevent fraud and evasion of personal income tax, the cadastral value of real estate is taxed, not the market value.

It is impossible to avoid paying tax without breaking the law.

How long can it take to sell an apartment without tax after purchasing it?

Sometimes in the process of purchasing real estate there is a need to immediately sell it. Therefore, it is important for owners how long it takes to sell an apartment without tax after purchasing it.

Tax innovations were introduced into the law enforcement system not long ago, so many citizens simply do not know the necessary features of selling housing. For many, the process of implementation itself is something incomprehensible. Hence the excessive reliance on real estate agents.

The law does not limit the owner as he wishes, but the main goal is to protect people from real estate fraud. NK strives for full transparency of not just the real estate transaction itself. Every step and every step when selling an apartment must be made transparent. After all, the fairness of the transaction and its legality depend on this.

General provisions on terms of sale

Until a certain time, there was no need to register property rights in our country. Until the 90s, the system worked smoothly, the laws were strict and severely punished attempts to make money through the sale of real estate. But the 1990s crashed the market, and hundreds of scams flooded the area.

The legislator was forced to establish regulations on the minimum period for using one's property rights: 3 years. According to analysts, it was precisely this installation that helped stop countless “pyramids”.

The law clearly stated that if a person sells housing before 3 years, he has an obligation to pay sales tax. The purchase of an object for a lower price than its sale is interpreted by law unambiguously: obtaining material benefits, profit.

Market value was taken as the basis for calculations. But since 2016 the situation has become even more categorical. Now the value of an object is based on only one criterion: the assessment according to the cadastral passport.

The law also changed the minimum terms of ownership of real estate: from 3 to 5 years . But when it is better to sell an apartment under such deadlines is the decision of the owner himself.

Who is not affected by the timing innovation?

The change in the minimum period for tax exemption did not affect all categories of citizens. For some, nothing has changed:

That is, questions about when you can sell an apartment after donation without tax have not become more acute after the new amendments. According to the law, even if the apartment is given as a gift, the minimum period of ownership will not exceed 3 years. But it is necessary to take into account the close relationship between the donor and the recipient.

Benefits apply if the property is transferred as a gift to the closest relatives by blood. This could be a gift from a father/mother to children or grandchildren or vice versa.

If privatization was carried out in 2016, the deadlines remain the same as before.

Heirs are not affected by this change due to ethical standards, since the period of ownership for them is calculated only from the date of death of the one who leaves the inheritance. Renters found themselves in the same conditions.

For them, the terms also begin to be calculated only from the moment the annuity ends. This usually also occurs after the death of the annuitant.

But when, after a donation, you can sell an apartment, if the recipient turns out to be a third party or not a very close relative, the law does not limit it. But they have the opportunity to sell real estate without tax after 5 years.

Determination by calculation of deadlines

Under any circumstances, before thinking about when you can sell an apartment after purchase, you must accurately determine the starting date for the minimum period. For some reason, people who have taken possession of real estate without purchasing do not attach importance to the dates in the document. In fact, this inattention may result in you still having to pay tax.

If the property has passed into ownership from the rentholder/testator, the tenure period begins to count from the date of death or from the day the inheritance was opened. Other deadlines cannot be reduced or taken as a basis. When an object is purchased under a sales contract, the period is counted from the registration of the transfer of ownership.

In the video, the lawyer will tell you in detail about the calculation periods:

Particular attention should be paid to purchases in new buildings . The point is that by investing in a new building as a shareholder, a person does not yet become the owner. He is just a participant in the construction of the future home. Moreover, this house does not yet have the most necessary thing: an address. Therefore, in this case, the period starts only from the period when the entire house is registered and the shareholder receives ownership rights.

When is the best time to sell an apartment?

When you can sell an apartment after donation without tax, the law answers clearly: after 3 or 5 years.

If there is no urgent need, it is best to sell the property after the minimum period has expired. First of all, you will not have to pay taxes, even if you can reduce your tax rate.

Receiving a tax deduction and the ability to exclude the expense part make the transaction process the most loyal for the parties. There is no need to hide the true amounts or play a “double” game during implementation.

However, while the pilot option is being developed, you will have to study the laws on your own in order to be able to protect your rights when buying or selling real estate.

When can you sell an apartment after purchasing it?

How long after buying an apartment can you sell it? This issue worries citizens who have purchased real estate, but for certain reasons there is a need to re-sell it.

In addition, many people do not understand how and in what cases is tax paid when selling a property? All these questions can be answered in the article.

Buying real estate is a long-awaited event for many, but it is associated with large financial costs.

There are several ways to purchase living space:

1. In a new building (including under a DDU agreement, which is associated with economic benefits). If you use the services of a realtor, their cost will be reduced, since purchasing an apartment in a new building eliminates many formalities.
2. On the secondary market. Purchasing an apartment with a “history” is a more complicated procedure, since it becomes necessary to study who lived in it, whether all citizens were discharged, etc.

The entire acquisition transaction consists of several stages:

1. Selecting sellers (you can use intermediary services to find a suitable apartment).
2. Inspection of apartments (at this stage, the defects of the objects and their advantages are identified, the houses in which they are located are additionally inspected, it is recommended to inspect no more than two options per day).
3. Negotiating with the seller (if after an inspection a decision has been made to purchase a certain residential space, negotiations begin with the seller regarding cost, payment, etc.).
4. Drawing up a contract (in this case, the opinions of both parties are taken into account, since it is impossible to include in the contract the wishes and requirements of only the seller or only the buyer).
5. Registration of the transaction in Rosreestr (as soon as the agreement is registered, the new owner will be given the keys to the apartment).

Making a deal

• Completing a transaction is a labor-intensive job that requires special skills and abilities.
• When implementing it, it is necessary to check the legal “purity”.
• This term hides:

• the authenticity of the documents presented;
• absence of claims to the apartment from third individuals, etc.

At this stage, you will need to review extracts from the house register and request a registration certificate.

It is important to clarify whether utilities have been paid, whether minors are registered in the property, whether encumbrances have been imposed on it (for example, arrest).

1. If an advance is made for real estate, then it is necessary to draw up an agreement confirming the transfer of part of the funds (usually the amount reaches 10% of the total cost) to the seller.
2. This document will confirm the seriousness of the intentions of each party.
3. When concluding such an agreement, liability is established for failure to comply with its terms, for example:

• if the seller does not fulfill them, he is obliged to return the deposit in double amount;
• If the buyer refuses to purchase the apartment, then it remains with the seller.

Here you can download a sample advance payment agreement for the purchase of an apartment, a sample receipt for receiving an advance payment for the purchase of an apartment.

Current legislature

There is currently a law in force according to which property sellers are required to pay tax on the sale of an apartment.

Its cost is set at 13% of the profit received from the sale. However, there are a few exceptions, which will be discussed below.

Changes

In 2018, the Ministry of Finance developed and prepared amendments to the Tax Code of the Russian Federation, more precisely to Article 23 of this document.

Provisions were submitted to the State Duma for consideration to adjust the form of taxation of citizens when they carry out transactions related to the purchase or sale of real estate.

The introduction of changes was planned back in 2013, and received support from the President. As for the content of the changes, it is important to note that they are aimed at generating profit from the activities of investors who invest large sums of money in apartments for their subsequent sale.

How long after buying an apartment can you sell it?

After purchase, the apartment can be sold immediately, but only if it is possible to pay tax.

This is a fairly large amount of funds, so many people are interested in the question: when can you sell an apartment after purchase so as not to have to pay it?

To avoid paying tax

How many years must it take to sell real estate in order to be exempt from paying taxes? In three years.

If you sell an apartment earlier, then the law will regard this as a desire to receive a profit.

Consequently, a tax of 13% will be charged on the difference between the prices of the apartment (for which you bought and for which you are selling). Now you know after what time payment of funds can be avoided.

For a mortgage

Often an apartment is purchased in accordance with a mortgage agreement. If it is available, it is also necessary to pay tax if the apartment has been owned by the family for less than three years.

Do you know how long it takes to sell, donate and exchange apartments after purchase?

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How many years later is it permissible to sell housing after purchasing it?

If the apartment was purchased before 01/01/2016, the alienation period without paying taxes to the state is 3 years. If the living space was purchased after January 1, 2016 - 5 years.

The minimum period indicated above begins to take effect from the moment the certificate of ownership is received. Read about how to register ownership of an apartment after purchase here.

Legislative documents

Legislatively, tax exemption is regulated by Article 217 of the Tax Code of the Russian Federation “Income not subject to taxation (exempt from taxation)”, namely clause 17.1.

Tax amount

If you sell an apartment under 5 years of ownership, you will pay 13% of the profit received . If the apartment was inherited or donated or received under a lifetime annuity agreement and you sell it up to 3 times in ownership, pay 13% of the difference between the cadastral value of the apartment and the price for which you sell it.

In all other cases, do not pay anything.

The tax deduction completely covers the amount that must be paid to the state . In order to use it, it is necessary to calculate the actual profit received from the sale of housing, and the tax deduction is calculated from this value. In some cases, such benefits may be denied, but they will definitely indicate the reason.

This method is ideal for those who received an apartment as a gift or inheritance, that is, practically free.

When will it be possible to donate or exchange real estate?

How long after purchasing a home can you give it as a gift? Is it possible to exchange it right away?

Donation or exchange procedures can be completed the next day after receiving a certificate of ownership.

When donating, you will need to pay taxes . To avoid paying taxes on a gift or exchange, you must wait 3 years from the date of purchase of the home.

Taxes are required to be paid only in cases where urgent resale of an apartment is required. If you wait 3-5 years, the owner will be able to avoid tax payments of 13% and make money on the resale of the property. Some programs will allow you to save significantly more; to use them, carefully study the options described in the article.

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