Sale of privatized dwelling, how long before it can be sold after privatization

Housing law > Privatization > Can you sell an apartment immediately after privatization?

Many have been asked questions about sales since the privatization of apartments.

Privatization is referred to as the process in which the property is transferred to the property of a citizen who previously owned the property on the basis of a social employment agreement, after which the property may be disposed of at its own discretion.

But the processing of transactions has its own characteristics, so it is better to examine in advance whether an apartment can be sold immediately after privatization.

Privatization allows renting, selling, insurance

Primary privatization implies a direct change in the status of housing – from public to private – the sale of an apartment or house in the future depends on this procedure and its terms.

If privatization is very recent, then the sale involves the application of standard schemes, as if the transaction had been made well before the change of status.

The most important thing is to issue a basic document confirming the right to own property, which is usually a certificate, where the rights are described.

Sales can be handled on their own, but it is permissible to seek assistance from real estate employees, and it is not recommended that the price be reduced artificially to pay less taxes; otherwise, there are problems in litigation.

Before the transaction itself takes place, it is recommended that all the nuances associated with this direction be examined:

1. If a dwelling owned by a minor is sold, it is important to create a more comfortable environment in the future, or at least not to make it worse.
2. Real property automatically becomes general if acquired during marriage.
3. The tax can be increased if someone decides to reduce the cost of the apartment.
4. If the house or apartment is sold to close relatives, the latter will not be able to receive a tax deduction.

Benefits of sales after primary privatization

The main advantage is that a person already has almost all of the documentation in his hands. The paper will be up to date if the property is sold. You don't have to spend time collecting it all over again. The best thing to do is sell it to close relatives, because the cost is reduced. The important thing is to get ready for these deals to take special control.

Core document: certificate of ownership

In lieu of a certificate of ownership, an extract from the Secretary of State is issued for registration.

The certificate of ownership had been issued to any property since 1998, confirming that the property itself, like the change in the status of the facility, had been registered by the State.

The form, the appearance of the certificate are different, there are no uniform requirements for it, and it depends on the time it is issued.

But any certificate contains certain information, including:

• Description of special conditions, if any.
• A basis document defining the law.
• Information about the owner.
• Technical indicators, object characteristics.

In transactions prior to 1998, the owner may not have any evidence, since no documents had been issued until then, nor are the certificates given to those who bought apartments after 2016.

This document is now being replaced by a discharge from the Single State Real Estate Register, which describes the ownership of the real property itself. An application to Rostreest or IFC is written to obtain such an release. You can use the official websites of Rosreest and State Services to submit a written request. The reply is also issued in print or electronic form.

Printing is better if it is not intended to be used in person; this document is stamped, and the person responsible is signed.

Sale of an apartment through a real estate agency

If the agent is in good faith, he will take the following actions at the time of sale:

1. It's a powerful ad for a real estate facility. It's not just the use of popular websites, advertising boards. Every realtor has his own information channels. It's got to be called up with potential buyers on the database. You need to find a place that's good enough to speed up the sale, increase the price.
2. Market valuation: the professional knowledge of the agency ' s representatives helps to implement objects based on real data. You can call independent valuers if you want to.
3. Checking apartments from a legal point of view: There is a list of factors that require the most careful approach to verification; these actions are verified by a practice that has accumulated over the years; thus, there is no doubt about the reliability of the transaction on either side.
4. Legal escorts are complete. Professionals develop all necessary documents, including permits, property certificates, and so on. Agents will indicate where and when a special assurance from a notary is required. It will be mandatory to clarify the procedure for notifying owners of the sale of shares when necessary. Many professionals monitor changes in laws to ensure that the knowledge obtained is applied in practice.
5. Assistance in transfer, calculation and registration. Experienced professionals accompany the transaction at all stages, from the first to the last. Agents can register on their own if they have notarized credentials.

Package of documents required for sale

We need to take care of all the paperwork in advance.

Conclusion of the agreement itself

For a notary, the documentation package contains the following entries:

• Certificates of approval for sale by the guardianship and guardianship board are needed if the rights of minors are affected.
• Valuation certificate for the market value of the facility.
• The consent of the spouse in the case of joint property.
• A certificate from the HEC that there are no public debts.
• Report on the number of family members registered in the privatized apartment.
• Documents confirming the lawful possession of property.
• Technical documents describing the main characteristics of the accommodation.
• Copies of all the pages of the passport where the sheets are filled in.

The absence of communal debts and prescribed citizens is an important condition for the sale to proceed quickly, and in some cases buyers agree to a deal, even if the apartment has certain debts on utility payments.

Registration of a sales agreement

The notary prepares and issues to the applicant an extract from the register

When a transaction involves a notary office, you need to register an action, which is already the responsibility of the Rostreestra authority.

How is the privatization of rooms in communal apartments going?

The registrars of the documents will need the contract of sale itself, as well as a certificate of ownership of the new owner, after the parties have paid for the public service, the registration itself takes about a month.

The price of the State is usually shared equally between the parties concerned; the option is that the parties concerned are present at this stage, not in person, but their legal representatives, with the relevant documents, and the notary is then given a document describing the authority.

Tax features

The sale of apartments is taxable; therefore, the seller must report to the FNS as soon as the procedure is completed on the profits it has received; the tax is transferred to the budget with a standard rate of 13%; all Russians are subject to a deduction of a value not exceeding 1 million.

If the apartment is sold for a given amount or less, the tax is simply not paid, and the NPFL is now determined by reference to the so-called cadastral value of the facility.

This rule, however, does not apply to privatized housing; the apartment is exempt from taxes not immediately after the transfer of public property to private property, after which the citizen must be the legal owner for a period of time.

Features of the procedure

The legal status of owners or proprietors, the real estate itself, is just some of the factors that make transactions difficult.

Share ownership

Each owner of the dwelling must give written consent

If the apartment is privatized on a few persons, they are all owners; the sale of such an object is permitted only if all owners agree to such an action.

There are no other nuances, and the overall arrangement is the same as that of the same owner.

Documents for the privatization of land – from to

The rest of the owners have a dominant right to sell if the owner of the share sells only one.

In order to sell the object to others, it must be confirmed that other citizens have renounced their rights.

If a person is prescribed

From a legal point of view, the issue is rather complex.

Several main features need to be taken into account:

• When you sell a regular apartment, it's simple-- a signed person is released voluntarily or on trial.
• In the case of a privatized apartment, even after a court decision, it is almost impossible to obtain a solution.
• The buyer must demand a statement from the address before the transaction and the transfer of ownership are registered.

The difficult situation is that at the time of privatization, a citizen's registration was at his address, but for one reason or another he was unable to participate in privatization, he was able to officially sign a waiver, and then there is a high probability that all transactions involving a particular real estate object will be cancelled. No matter how long it took.

If the interests of the minor are affected

You can only sell an apartment with a minor owner with the consent of the guardianship authorities

The situation is common where a minor child is registered at the address, but he is not the owner; then, as an alternative, the citizen is registered at another address before the transaction is complete.

Otherwise, a discharge is only possible if there is a court decision for a recently privatized painting.

Children under 14 years of age must be registered only with their parents, as stated in article 20 of the Criminal Code of the Russian Federation, and all members of the family must, in such circumstances, take care of their discharge and re-registration.

If the minor is the owner, then the sale will require the consent of the guardianship and guardianship authorities.

It is important to buy other dwellings that meet certain requirements at the same time:

1. The deterioration of housing conditions is prohibited.
2. In the new apartment, the child's share should be no less than in the old one.

Sale of flats with children ' s shares:

Sale of unprivatized apartments: Is it permissible?

From a legal point of view, that's not possible, because a natural person is not affected by such an object, but the law allows for solutions to such situations if necessary. The most important thing is full trust between the parties, which has been going on for some time.

Reordering a social employment contract to a salesman is one of the acceptable options. Then the money is given to a salesman who's sort of "executed" from an apartment. The joint processing of privatization by both sides is a more common solution.

First, the seller makes a deposit for the apartment, for the paperwork and for the expenses; once the privatization is done, the apartment is sold and passed to the buyers.

The sale of a privatized and non-privatized dwelling has its nuances; it is not so many, but it is better to deal with them in advance.

You can sell a dwelling immediately after privatization, but then you have to pay a tax of 13%, only after five years of ownership, so sometimes it's better to wait.

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26 July 2023 Victoria M. 26

Sale of the apartment after privatization (purchase of housing) in 2023, in less than 3 years, 5 years

Many people who finally got their own apartment after privatization are starting to ask some questions that need to be answered: the most acute and often asked question is whether it is possible to sell the apartment after privatization. The short answer is impossible, so we need to get deeper in order to tell about all the nuances.

Privatization is the transfer of the dwelling to property after the citizen has occupied the area under the right of social employment; the transfer takes place free of charge; once the citizen has acquired the property, he or she has the right to dispose of the property as he or she deems necessary.

Is it okay?

It is possible to sell an apartment that a citizen received after privatization, even on the following day, under the law of the Russian Federation, that is allowed. In addition to living in the territory and selling it, a person may also rent, give, bequeath or contribute to the capital of a legal person.

But two points must be made before the sale: to complete the privatization process with registration of the right, and to pay the NPFL after the sale of the property; if the sale of the property is due to the acquisition of new real estate, the income tax paid can be refunded.

There are only three limitations:

• Use only once;
• There is a limit of 2 million roubles;
• are available only to those citizens who pay the NPFL.

Details of the conversation

An honest sale of an apartment after privatization is possible only if there is a basic document – a certificate of ownership – it is necessary to ascertain the reality of the ownership of the property in question.

The sale procedure can be carried out either on its own or through an agency that will take over all the time-consuming and hard work, but it will be cheaper to sell the apartment on its own.

To carry out the operation legally, you must remember a few nuances:

• A sales contract must be registered in the registry.
• You don't have to take the benefit of lowering the official price of the transaction in order to reduce the tax; if you do that, you can't prove that the buyer had to pay more than the contract.
• Tax deductions are not made if the property is sold to close relatives.
• If the apartment is sold by the spouses, it is considered jointly acquired property.

Time frame for the sale of the apartment after privatization

Right away.

When you ask how long you can sell a privatized apartment, the answer is simple: you can sell the apartment right after it's taken possession of a citizen. You have to pay a tax of 13 per cent of the total value of real estate before the transaction is settled. If the apartment is worth less than 1 million roubles, the tax is not paid.

In addition, selling immediately after privatization is the most advantageous option for a transaction; one-time privatization can also be negotiated with the buyer, in which case all necessary documents must be collected to formalize the ownership of the property; the composition of the documents is the same as in the case of simple privatization.

During the entire process, the buyer must pay a small deposit to assure the seller that the property was being transferred to another person ' s hands as soon as the request for the privatization of the square had been granted.

Less than 3 years

In 2023, amendments were introduced to the Tax Code of the Russian Federation, which now provides that the payment of NPFL is 13 per cent only if the period of ownership of the property received is less than three years.

In 2023, there were only three exceptions to the rule: housing was inherited or donated; if the property was transferred by a close relative, the tax was also not paid; the dwelling was transferred under a life-long contract.

The declaration for the sale of an apartment owned for less than three years is carried out according to the following plan: it is necessary to go to the FNS inspection and take the form of the 3-NDFL, and it can also be obtained from the Nalog.ru website, only to print out the sample. If more than one person is in possession, each person must make a declaration.

Lists to fill:

001, 002	Section 1 calculates the tax base, specifies the exact amount of the tax, the amount to be paid to the budget and the amount to be recovered.
List A	The source of income is indicated.
List E	Tax deduction calculation.

A package of the following documents should also be placed in the declaration:

• Sales contract, with the addition of a transfer document;
• A copy of the certificate of ownership of the property in question;
• Copies of documents confirming the transfer of funds.

Upload 3-NDFL form sample

The privatization of land under the garage requires the collection of a package of documents and the passage of a specific privatization procedure.

Is it true that the privatization of the apartment has been extended until 2023, you can learn from the article on this reference?

Less than 5 years

They say, "If you have any property, you will not have any property, nor will you have any property, nor will you have any property, nor will you have any property, nor will you have any property, nor will you have any property, nor will you have any property, nor will you have any property, nor will you have any property, nor will you have any property, nor will you have any property.

If the dwelling is located in a cooperative house, the date of entry into possession shall begin only on the date of payment of the last drink, and in some cases also the date of the signing of the certificate of acceptance/transfer of the property from the cooperative to the owner.

In cases where the shareholders own less than3 or 5 yearsThey are required to file a declaration with the FISS, and there is also a potential for savings in equity ownership, thanks to the legitimate method of reducing income when the amount is not allocated in accordance with the original shares.

This option works only if it is properly processed, where everything is detailed for each owner of the privatized dwelling.

Each region has its own tax rate, so it is necessary to calculate it carefully. For each region, the local authorities set the rates themselves. The maximum rate allowed under the Tax Code is 0.1 per cent of the total cost of the dwelling.

If a citizen has other plans or these taxes are too much for him, he can sell a privatized apartment; the tax is paid only if the duration of the possession is less than three years; in addition to the payment of the NPFL, the amount paid will have to be declared to the FNS.

13 per cent is paid if the apartment has been in possession for less than three years, otherwise it is not necessary to pay the tax and declare it.

Some benefits may also be accepted for the owner, which will help to obtain more money from the sale and reduce the tax paid; the tax reduction methods are in place if the owner plans to sell the real estate received in order to spend money on the purchase of an apartment in another area, the purchase of more in the area, and so on.

Property deduction	It's worth knowing here that the only way to reduce the base is with an apartment that is within two million rubles, in which case the deductions from the sale will be until the seller returns.260,000 rublesOnly an officially employed person who pays taxes at all times can use this method.
Netting	This method is used to purchase new housing within a calendar month, and the tax rate is not charged because the State can obtain its own by buying new housing.

Nuances of propiska and rights

A propiska is a sign that a person owns this property, but there are cases where this seal is not required to have real estate rights; without a propiska, you can own an apartment if you have signed a contract of employment or free of charge or a testator's refusal.

Registration is not limited to persons who own an apartment; if the owner of a real estate gives his or her consent, the outsider may obtain a propiska from the owner; this is done on the basis of a court decision on the right to use the non-owner.

There is also a difference between the right of use and the right of ownership, so that the owner may not be registered in the apartment, whereas the person so prescribed may not be the owner of the property, and therefore the owner has the right to evict and discharge the tenants when selling the property.

The propiska does not permit the use of the dwelling, so there is a clause in the terms of the sales contract whereby all members of the family are removed from the register at the time of the transaction.

If he does not do so, he may file a complaint with the court, which shall be submitted to the passport table; such a request shall always be granted, after which he shall be expelled.

But there are some nuances, because in certain situations prescribed may leave the right to use the dwelling even after the sale:

• Persons who do not accept the privatization of the dwelling;
• Persons who are in an apartment on the basis of a testator ' s request;
• Juvenile children without parents or under guardianship;
• Rent recipients.

Further consideration should be given to each situation:

Elimination of privatization	If such a refusal is made, the person has the right to use the dwelling indefinitely; all members lose the right to use the dwelling, except those who have previously refused privatization; there are many problems with this law, as many apartments lose their value and some people become tied to property forever.
Repository waiver	It is not lawful for a person to inherit a bequest in which there is a bequest, nor is it lawful for a person to have a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest.
Children under guardianship or without parents	Such a citizen may be evicted only after obtaining permission from the guardianship and guardianship authorities, i.e. if the child has nowhere to be sent and placed or the conditions are inappropriate, he or she will remain in this apartment with full use of the territory.
Beneficiaries	Former owners who have sold the area under a contract of life imprisonment with dependency, and under the terms of the contract, such a citizen is entitled to housing in an apartment and cannot be evicted.

The right to use the dwelling is also reserved for citizens who reside in it under a contract of employment or free of charge.

In the sale of such an apartment, the buyer becomes the lessor automatically; such cases are referred to as "encumbered apartments".

Citizens living under these contracts will lose their right to use upon expiry of the contract or termination with the new owner of the dwelling.

The law itself seeks to regulate such situations by means of a paragraph according to which every person entitled to use the dwelling must be specified, and sometimes the seller is not given a certain amount until all his relatives and family members have left the acquired property.

• The privatization of housing is a legitimate right of every citizen, and this right can be exercised free of charge.
• What documents are needed for the privatization of the land, you can find out from here.
• Read also about the special features of privatization of land in horticulture.

Attention!

• Because of frequent changes in legislation, information sometimes becomes obsolete faster than we can keep it up to date on the website.
• All cases are very individual and depend on many factors, and basic information does not guarantee that your problems will be solved.

That's why you have 24/7 expert consultants working for you!

APPLICATIONS AND APPLICATIONS ROUNDLY AND WITHOUT DAYS OF EXPERIENCE.

Sale of the apartment after privatization

Since 1991, a law had been passed whereby every citizen had the right to enter the municipal housing in which he or she lived and was registered into his or her personal property.

This legislation has "opened" the hands of public housing employers and provided them with excellent opportunities:

• They became full owners of apartments;
• The owners were able to rent the property and make additional profits to the family budget;
• It was possible to sell housing at a market price (which is a large sum, especially given that the apartment was provided free of charge);
• After the owner ' s death, the property was legally transferred to the possession of his direct heirs;
• The owners could make a will in favour of third parties (both natural and legal);
• It was possible to mortgage an apartment when a loan was issued to a bank.

At the same time, however, the new owners of the dwellings received burdens in the form of:

• Maintenance of the dwelling and contributions for the maintenance and maintenance of the home territory (access, elevator, etc.) at its own expense;
• Annual payment of property tax.

Special features of the sale of a privatized dwelling

No operations can be carried out with municipal housing, so in certain circumstances citizens living in a public apartment are beginning to wonder whether and how they can be sold with a privatized dwelling.

For example, it may be necessary to sell housing if the family plans to move to another neighbourhood of the city or to another settlement (or even a country) at all.

No one wants to leave the house to their own fate, and no one else will be able to provide a new dwelling.

So selling an apartment is the only way out of this, and you can add a little bit to the money you've earned to buy a place where you're planning to move. Situations where selling real estate is the only reasonable solution, there's a lot to it, so personalizing municipal property is the right and legitimate way to solve problems.

The sale of a privatized dwelling has enough nuances and subtleties to take into account before starting the whole process. First of all, it is necessary to ascertain the current status of the dwelling, i.e. to make sure that it is subject to privatization, since it cannot be privatized under Russian law:

• Housing from the department ' s housing stock;
• Housing in an emergency and demolition house;
• Military vests;
• Service apartments.

If real estate falls within the scope of Act No. 1541-1 "On the privatization of the Russian housing stock", it is possible to take the necessary steps to collect the necessary documents and to apply to the relevant authorities for private ownership of the dwelling.

Only after the completion of this procedure, which may last from one to three months, and the receipt of the Property Registration Certificate by the registration authority, can it be considered for sale.

The answer to the question of whether or not a privatized apartment can be sold is clear – yes. Privatization of housing implies the right to dispose of it, including the right to sell it.

The law does not impose any restrictions on options for managing privatized real estate other than those that violate the rights and interests of other citizens.

How long can you sell an apartment?

Russian legislation allows for the sale or disposal of property by any other means immediately after the registration of property rights in Rosreestre; if a municipal apartment, owner or group of owners is to be privatized, they will be handed over to the agreements of privatization which need to be referred to the territorial registration authority.

It would also be necessary to provide a package of accompanying documents and to write a statement on the ground; the registration of property rights would take an average of 10 to 14 days, after which each participant in the privatization process would receive a copy of the Certificate.

From the time of receipt of the document establishing ownership of the dwelling, the owner (owner) may make any transactions with privatized real estate, but this must take into account the form of ownership into which the municipal apartment has been transferred after privatization, as it depends on how easily and quickly real estate can be sold.

We're issuing the Housing Inundation Act.

Privateized housing may be owned by:

• Single;
• Jointly;
• I'm a part-timer.

A single form of ownershipThe sale of privatized housing is possible without further difficulty or difficulty, since the owner is one person, the solution of which is independent of third parties.

• Minors;
• Children with disabilities;
• Persons with disabilities;
• Dependents and other vulnerable groups.

Attention, the presence of identified persons in the apartment makes the sale process much more difficult, but it does not make it impossible.

With joint ownershipBoth spouses are full-fledged owners, and neither of them has the right to dispose of the privatized dwelling area without prior agreement with the other owner; and if one of the spouses opposes the sale of the dwelling, the other can sell it only under the following conditions:

• After divorce (when housing is divided equally between husband and wife);
• After the trial (if one of them filed a claim for a share in the apartment).

This could be a stumbling block for the sale of a privatized dwelling, so the choice of the form of ownership must be taken with full responsibility and seriousness even before privatization begins.

Share of propertyReal estate means a share in the dwelling for each participant in privatization who has reached the age of 14; each of them is a full owner of his or her share and has the right to dispose of it at his or her own discretion.

But there is one "but." With regard to the sale of privatized real estate, priority in the choice of buyer is given to other owners with shares in the apartment.

If none of the real owners of the share wishes to buy the share, the owner may sell it to third parties from the outside.

The sale of a privatized dwelling should take into account another factor: since the municipal dwelling has been transferred to the private property of the new owner free of charge, the amount earned is considered by law to be net profit, and according to the Russian Tax Code, all income of natural persons must be taxed by NPFL.

Under Russian law, any transactions involving privatized property are not subject to taxation; therefore, if more than three years have elapsed since the privatization of the apartment, the NPFL is not required to pay for the sale of real property; if the act of selling the property is carried out in the first three years after the privatization, the income tax will be paid.

When a privatized dwelling is sold, the seller will have to pay a tax.

Buyer ' s risks on purchase

When purchasing a privatized dwelling, the buyer may face a number of problems and difficulties, if not a loss of both money and housing.

Even in cases where real estate documents are in order, the owner has a certificate of ownership in his hands, as well as a written notarized consent to the transaction from his family members, the buyer may still face certain risks.

The most common phenomenon among these real estate transactions is the existence of so-called "failures" from privatization..

They are those who were fully entitled to participate in privatization and to own a share of the apartment, but for some reason they have for some reason formally refused to participate in the process and have given their consent to the privatization of the apartment without them.

The new owner, having become a full owner of the property and having acquired the right to dispose of it, is not entitled to obstruct the exercise of the right to use the dwelling indefinitely by those who have previously refused to take part in privatization.

Experts do not recommend the acquisition of privatized real estate if registered persons have refused to participate in privatization at the time of sale.

If there are "departures", it is necessary to search for them before a sales contract is concluded and to require them to declare in writing that they have changed their place of residence voluntarily, and they realize that they are thereby deprived of any right to use the apartment being sold.

Once the written statements of each "failant" are in hand, the transaction can be processed, but the contract must contain a paragraph listing all those who have refused privatization and determining their right to an indefinite use of housing.

The buyer, by signing this paragraph, automatically agrees to the purchase of an apartment with a "new name".

To avoid all kinds of trouble, it is necessary before buying a dwelling:

• See carefully the information on the subject and the contents of its law-making documents;
• Check whether there are currently no registered persons in the apartment, especially minors, disabled persons, orphans, etc.;
• See if there are "failures" to privatization;
• Ensure that the actual layout of the dwelling is in line with the technical plan of the BTI;
• Check the information to see if the apartment is encumbered (for example, if it is not).

It will be difficult for an ignorant person to understand all these subtleties on his own, so it is better to be insured and to use the services of a professional lawyer.

Tax on sale

Together with the right to dispose of immovable property, the owner, after privatization, also acquires certain obligations vis-à-vis the facility, the first being the obligation to pay an annual property tax, the amount of which may vary according to the region in which the apartment is privatized.

The Russian Federation's tax legislation establishes a upper limit which cannot exceed this type of taxation – 0.1 per cent of the market value of property acquired in private ownership.

Another form of tax on the disposal of property is NPFL, so in order to avoid its payment in a real estate transaction, owners are interested in how long after privatization it is possible to sell an apartment to relieve themselves of this obligation?

If the new owner decided to sell property in the first three years after privatization, he would be obliged to pay 13 per cent of the value of the dwelling, a tax on the income of natural persons, since the investigation was considered by law to be profit-making (some of the properties the seller had received free of charge). In 2017, some changes were made to the Russian Tax Code, under which it was possible to avoid paying NPFL when selling privatized housing, but only if it had been privatized at least three years since the registration certificate had been received.

The essence of this method is that the cadastral value of the dwelling sold is reduced by 1 million roubles and the balance is taxed, i.e. the tax base is significantly reduced.

This means that NPFL is not paid for the sale/purchase of an apartment with an cadastral price of 1 million roubles or less.

A rental agreement for a room in an apartment.

But there are some nuances here:

• The right to tax deduction can only be exercised once in a lifetime;
• Only officially employed persons are entitled to a property deduction;
• The maximum value of real estate to determine the tax deduction is 2 million roubles, i.e. the maximum deduction is 260,000 roubles.
• If, within one year of the sale of the dwelling, the seller buys a new dwelling, the tax base will be the difference between the sale of the privatized dwelling and the purchase of real property (if the amount of the purchase exceeds the amount of the sale, it is not necessary to pay the tax and the buyer must receive the State ' s supplement for the difference).

For example, if a citizen sold a privatized apartment for 1.5 million rubles in April, he would have paid 195 thousand rubles to the treasury, and in November of the same year he bought a new dwelling for 3.2 million rubles.

This means that the State must pay him a tax deduction of 260,000 rubles (maximum permissible value), but given its tax obligation of 195,000 rubles, he will receive only 65,000 rubles from the Treasury.

(260 -195 = 65).

Question-and-answer

Question: How to sell a privatized dwelling with a minor child?

Answer:........................................................If minors are registered when selling a privatized dwelling, this will significantly complicate the process of processing the transaction.

In order for the sale to take place without excesses, and in accordance with the requirements of Russian law, children must be discharged from the dwelling before signing the contract and placed in an apartment that is no less than the previous one, i.e. that the conditions of residence as a result of the change of place of registration of minors will not deteriorate.

Question: Can you sell your share of the apartment without consent?

Answer:........................................................This issue is regulated by the Civil Code of the Russian Federation, which stipulates that the sale of a share in privatized housing is possible only with the consent of the other "collectors" of the owners, but it is possible to carry out what is intended (sold) without their consent.

1. It is written to notify each co-owner of their intention to sell the share (to do so better so that then there is a documentary confirmation of their intention in writing, for example, by registered letter).
2. Once the notice has been received, "rollers" are given a certain period of time to consider and decide whether or not they will buy the share.
3. If none of the co-owners of the privatized dwelling has indicated their wish to buy the share after the statutory deadline (1 month), the law permits the sale of the share to a third party, regardless of whether the other co-owners agree with the decision or not.

Question: Is it possible to sell privatized real estate with a prescribed person?

Answer:........................................................Despite the fact that people are registered in the apartment, this is not a major obstacle to the disposal of property through sale, but it is important to remove the registered persons from registration before the sale is processed.

If they refuse to be released voluntarily, the owner of the dwelling has the full right to apply to the courts for a decision on the matter and to demand the compulsory release of the persons concerned, giving a strong argument for the application (in the particular case, the forthcoming sale of privatized housing).

How long after privatization can you sell your apartment?

I have been unable to understand for a long time what privatization is and what rights it can give me until I have carefully considered the issue: the most important advantage of resorting to privatization is that the applicant becomes the full owner of the apartment or house and can dispose of the property at his or her discretion.

I got an apartment from the factory a long time ago, but I didn't plan to privatize until the family council decided to move to another part of the country.

After that, she took up privatization and, immediately upon receipt of the property certificate, placed the dwelling on sale.

When I looked for information on the subject online, I found out several times how long after privatization it was possible to start selling an apartment, and as a result, I wrote this article, where readers can learn all the details about the subject.

How long can real estate be sold after privatization?

Since privatization is, in fact, the transfer of public property to private property, at the end of the process, the owner of the dwelling has the right to full ownership of the property, including the sale or lease, and the issue of timing is very relevant, since sometimes it is necessary to quickly privatize and sell the dwelling.

According to the law and the law in force, an apartment that has been privatized can be sold at any convenient time; it is mandatory to have legal documents, including an EGRN statement; when the discharge is issued and all the necessary marks are present, the owner is entitled to prepare the purchase and sell the dwelling.

In simple terms, it is not necessary to wait for a certain period of time immediately after the privatization of housing; once real estate has become property, all possible manipulation becomes available. If the parties are willing to make a final deal, you can sell the apartment the next day.

Tax features

Since the procedure for the sale of housing involves the preparation of certain documents, the notary should be involved in the transaction; usually, these specialists inform the owners of the dwelling of the tax obligations to be fulfilled; the seller may have some costs that should be known in advance:

1. Privatization does not involve the payment of government duties or taxes because the service is free of charge.
2. The government will have to pay for the cadastral passport.
3. The individual ' s income tax will have to be paid for the sale of the dwelling if the circumstances so warrant.

There may be additional costs associated with the processing and preparation of documentation, and it is therefore necessary to calculate the total amount in advance. Income tax is not always paid, but only under certain circumstances:

• Realization of housing immediately after privatization. 13 per cent of the value of property will be taxed;
• The amount is calculated at 13 per cent of the cost of the dwelling.

Tax payments are made according to the rules described in the CNC of the Russian Federation, so any evasion of regulations can lead to administrative and sometimes criminal penalties.

When can I get a tax exemption?

The cost of selling the property could be significantly reduced by the circumstances in which the tax amount could be avoided.

It is important here to act in accordance with the law in order to avoid a fine or other penalty.

• Real estate costs less than 1 million rubles, usually in rural areas, where property prices are lower than in urban areas;
• 5 years ' ownership of property: If 5 years have passed since the privatization date, the tax shall not be paid;
• It is important that a citizen be officially employed and acquire new real estate within a year of the conclusion of the primary transaction.

All the conditions are laid down in the legislation in force, so tax officials usually have no questions, and it is better to consult a lawyer in advance if a dispute arises.

What benefits do pensioners receive?

The only advantage that older persons have is to obtain exemption from the real estate tax; the exception is property, a value of 300 million rubles and more; as regards the privatization of housing and its subsequent sale, a standard scheme is used.

Conclusion

The conclusion of the presentation is as follows:

1. There are no restrictions on selling an apartment immediately after privatization, but there may be additional costs.
2. The expenses are related to the income tax, which is set by the sale of property; once a citizen sells an apartment or house, he or she will have an obligation to pay the tax amount.
3. There are circumstances that allow for exemption from tax payments, but it will take time and some action.