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LETTER OF THE FEDERAL TAX SERVICE OF THE RUSSIAN FEDERATION

of August 15, 2013 No. AC-4-11/14910 @

About possibility of inclusion by the taxpayer in structure of property tax deduction on income tax of expenses on finishing of the apartment acquired in the secondary market

The Federal Tax Service concerning possibility of inclusion by the taxpayer in structure of property tax deduction on income tax of expenses on finishing of the apartment acquired in the secondary market reports 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 the taxpayer has the right to property tax deduction in the amount of the expenses which are actually made by the taxpayer, in particular, to new construction or acquisition in the territory of the Russian Federation of the apartment, the room or share (shares) in them.

On acquisition of the apartment, room or share (shares) in them, in particular, join in actual expenses:

- expenses on acquisition of finishing materials;

- expenses on the works connected with finishing of the apartment, room.

According to paragraph 16 of the subitem 2 of Item 1 of article 220 of the Code acceptance to deduction of expenses on finishing of the acquired apartment is possible if in the agreement based on which such acquisition is performed acquisition not complete by construction, in particular, of the apartment without finishing is specified.

Thus, the taxpayer has the right to include in structure of property tax deduction the expenses connected with finishing of the apartment only in case of acquisition by not finished apartment construction in the house under construction.

This line item is approved with the Ministry of Finance of the Russian Federation the letter of 02.08.2013 No. 03-04-07/31040.

Bring the specified letter to subordinate tax authorities.

Valid counselor of state of the Russian Federation 2 classes

S. N. Andryushchenko


 

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