LETTER OF THE FEDERAL TAX SERVICE OF THE RUSSIAN FEDERATION

of October 24, 2012 No. AC-4-2/18053 @

About implementation of tax control by provision of the property tax deductions

The Federal Tax Service in connection with the arising questions regarding implementation of tax control by provision of the property tax deductions pays attention to the following.

According to the subitem 2 of Item 1 of article 220 of the Tax Code of the Russian Federation (further - the Code) in case of determination of the size of tax base on income tax the taxpayer has the right to the property tax deduction in the amount of the expenses on new construction or acquisition which are actually made by it in the territory of the Russian Federation of the apartment house, the apartment, the room or share (shares) in them, the parcels of land provided for individual housing construction, and the parcels of land on which acquired apartment houses, or share (shares) in them, but no more established size are located.

The tax deduction can be provided to the taxpayer by two methods:

1) according to Item 2 of article 220 of the Code in case of submission of the tax declaration by the taxpayer in tax authority upon termination of tax period;

2) according to Item 3 of article 220 of the Code before the termination of tax period in case of the address of the taxpayer to the employer.

For confirmation of the right to the property tax deduction the taxpayer represents to tax authority:

- in case of construction or acquisition of the apartment house (including not ended by construction) or share (shares) in it - the documents confirming the property right to the apartment house or share (shares) in it;

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