of April 17, 2012 No. ED-4-3/6475 @
About provision of property deduction
The Federal Tax Service in connection with the arrived requests of taxpayers and tax authorities according to the income from sale of the apartment acquired at the expense of non-paid subsidy based on the state housing certificate reports the following about procedure for determination of tax base.
For example, the family acquired in 2011 the apartment at the expense of means of the state housing certificate in common ownership on shares to everyone. Certificate holder is mother, and the means received according to the state housing certificate are issued on all family. At the same time the family members entered in the certificate lose the right to the state housing certificate in the future. Same year the apartment was sold at the acquisition price.
Whether each of family members has the right to reduce the income from sale of the apartment by expense amount on acquisition of the apartment, made at the expense of the means received according to the state housing certificate,
According to the subitem 1 of Item 1 article 220 of the Tax Code of the Russian Federation (further - the Code) the taxpayer in case of determination of the size of tax base on income tax has the right to the property tax deductions, in particular, in the amounts received by the taxpayer in tax period from sale of apartments, which were in property of the taxpayer less than three years, but not exceeding in general 1 000 000 rubles.
Instead of use of the right to the property tax deduction provided by this subitem, the taxpayer has the right to reduce the amount of the chargeable incomes by the amount of the expenses which are actually made by it and documentary confirmed connected with receipt of this income including in the amount of the amounts spent for initial acquisition of alienable residential objects.
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