When can you sell an apartment purchased with maternity capital? When can you sell an apartment after purchasing it? If the housing is in a state of encumbrance

How to sell an apartment and avoid taxes? – a question that interests many homeowners. After all, you don’t want to lose 13% of the proceeds. And the practice of indicating a fictitious small amount in the contract is not primarily beneficial to the buyer, who in this case will not be able to receive a tax deduction or will not receive it in full. But in some cases it is still possible to sell an apartment without taxes. And there is almost always a chance to reduce tax payments.
How to sell an apartment in a new building without tax?
Unfortunately, it will not be possible to sell a new apartment without tax. Payments can only be avoided if the property is owned for more than a minimum period. For housing purchased before 2016, this is 3 years, and for those apartments purchased after January 1, 2016, it is 5 years. The date from which the period of ownership is counted is the date of entry of the registration of ownership rights in the Unified State Register of Real Estate (USRN).
But since three years and even five years for a new building is not a critical period, it is quite possible to wait for the deadline when you can sell the apartment without tax and formalize the transaction. The advantage of such a wait will be the opportunity to make good repairs while waiting for the house to shrink. Many buyers pay close attention to this point.

How to sell an apartment by inheritance without taxes?
As in the case of a new building, you can sell an apartment after a gift without tax only after a certain period of time, it is three years - regardless of how you received the property as a gift or by inheritance. The starting date of the period is the date of registration of ownership of the living space.
But selling an apartment without paying tax, if it is jointly owned by spouses, after the death of one of them (when the other spouse inherits it) is quite possible. Since in this case the reference date will be the moment of initial registration of real estate ownership.
When can you sell a privatized apartment without tax?
As in the case of an apartment received as a gift or inheritance, sales tax can be avoided only three years after registration of the property.
When can you sell an apartment without paying taxes?
There are several options in which you can sell an apartment without paying tax before the deadline established by law.

The first of them applies to both purchased real estate and received as a gift or as a result of privatization. If the transaction amount or 70% of the cadastral value of the living space is less than 1 million rubles, then the owner is exempt from paying taxes. This is the so-called standard tax deduction.

The second case when it is possible to reduce sales tax or avoid it altogether is to reduce the tax base by the amount of expenses incurred for the purchase and renovation of an apartment or the construction of a house. You will need to attach documents to your tax return showing the actual expenses incurred. In this case, tax is charged only on the difference between the sale amount and the purchase amount (plus repair costs). If the expenses were higher, then no tax is paid at all.

How long can it take to sell an apartment without tax?
The law sets exact periods of three and five years for real estate acquired at different times and in different ways. But, as mentioned above, taxes can be avoided by wisely using tax deductions. There are other ways to circumvent the law - for example, selling living space in separate shares. After all, every owner of a piece of real estate has the right to receive a tax deduction.
Before selling, it is best to contact specialists who will advise you on all the nuances of the existing situation and help you minimize tax payments or avoid them altogether.

The question of the possibility of putting up for sale an apartment with a mortgage is very important. Some mortgage property owners face financial difficulties: for them, monthly payments become unbearable. Others have a desire to purchase more spacious housing. And still others would simply like to make money on a mortgage.

These and other factors force the owner to think about selling a mortgaged home. But the living space does not belong to them entirely. So is it possible to sell an apartment purchased with a mortgage?

Those who are concerned about this issue can exhale calmly: mortgaged real estate can be sold in the current 2019. Only the sales procedure must be carried out competently, guided by the established rules. Articles No. 29 and No. 33 of the Federal Law concerning mortgage lending provide the borrower with the right to operate and sell an apartment purchased with a mortgage.

At the same time, the owner of a mortgaged home must remember the key rule: he does not have the right to make any transactions with the apartment (including selling) without the consent of the credit institution. Otherwise, all rights to real estate are transferred to the bank (Article No. 301 of the Civil Code of the Russian Federation).

How to sell a mortgaged apartment?

There are four ways to sell a mortgaged home:

Early loan repayment.
Independent sale.
Selling with the help of a bank.
Sale of debt obligations.

Early repayment

This method involves finding a buyer who will agree to buy a property with an encumbrance and will give the seller money to pay off the remaining debt early. Finding such a buyer is not easy: encumbering an apartment often scares away potential buyers.

The early mortgage repayment scheme is relevant when selling housing under construction. Living space in new buildings with a good layout is in high demand, and a conscientious developer usually has no end to buyers for those apartments that are at the final stage of construction.

How is the procedure for selling an apartment under the early mortgage repayment scheme? The first step is to obtain the bank's consent. The borrower will need to indicate the reason for early repayment of the loan, because this is not very profitable for the bank. Further stages of the procedure:

Determining the amount of debt on a loan.
Drawing up an agreement between the borrower and the buyer (certified by a notary).
Extract of the borrower and all family members (including minors) from the mortgaged living space.
A deposit in the amount required to repay the mortgage in full.
Closing the mortgage and removing the encumbrance from the apartment.
The final stage: re-registration of the transfer of ownership of the apartment in the registration chamber.

Independent sale

Key recommendation for the seller: do not hide from the potential buyer the fact that the property being sold is secured by the bank. Such behavior will be regarded as involving the buyer in a scam.

The transaction itself is simple. The main thing is to do everything according to the law. Let's say the buyer liked the apartment and decided to purchase it, knowing that the property is under encumbrance. The further course of the transaction is as follows:

The buyer contacts the lender expressing a desire to repurchase the collateral.
Bank employees draw up a preliminary purchase and sale agreement with him and notarize the document.
The buyer deposits the amount necessary to pay off the debt into one safe deposit box, and the remaining amount for the borrower into another.
The encumbrance on the apartment is removed.
A purchase and sale agreement is drawn up in Rosreestr.
The bank and the borrower gain access to the cash deposit boxes.

Sale of mortgage housing by bank

When using this scheme for selling mortgage housing, the bank no longer acts as an outside observer. He conducts the transaction from beginning to end, issues his cell, and takes care of all the documents. Only signatures are required from the seller. Bank employees will independently contact the Registration Chamber.

The buyer of a mortgaged home deposits funds into the lender's safe deposit box, and puts the difference between the cost of the home and the mortgage debt into another safe deposit box. Next, the bank informs the Registration Chamber about the repayment of the loan, and the encumbrance is removed from the object of sale.

This scheme is not very profitable for the borrower: the bank is not particularly interested in selling the apartment at a higher price. It is important for him to repay the debt, so it is enough that the amount of the debt is similar to the cost of the apartment.

Sale of debt obligations

This method involves the borrower selling his debt obligations to the bank. In this case, the mortgage loan is reissued to the new borrower. The bank enters into an agreement with the buyer to transfer the remaining part of the loan to him. Thus, the new borrower becomes the owner of the mortgaged living space and the debtor of the loan.

Many buyers themselves want to purchase an apartment that is under encumbrance, because mortgaged real estate is often offered at a lower cost. For such buyers, the procedure for obtaining a mortgage loan is almost no different from the standard one:

The candidate provides a package of documents for consideration of the application for a mortgage loan.
If approved, an assessment of the purchased property is carried out.

The re-registration of collateral in Rosreestr is handled exclusively by the bank. The borrower only has to sign a document on the assignment of the debt obligation.

In case of re-issuance of a loan, another credit institution may act as a buyer. In such a situation, the mortgage loan is transferred to the bank that provided a new loan to pay off the old one. This is a fairly common occurrence these days, as banks reduce the loan interest every year. And the borrower, who has found a bank with a more acceptable interest rate or more favorable conditions, refinances the mortgage by transferring the debt to another credit institution.

This procedure brings undoubted benefits to the borrower. However, not every bank agrees to such a transaction: some banks do not allow on-lending under any pretext, others impose penalties on the borrower, which sometimes reach considerable amounts.

Tax obligations

The seller of mortgage housing should take into account one nuance: if the property has been in his ownership for less than 3 years and is sold at a higher price, he will have to pay tax on the sale of the apartment (13%).

Nuances of selling real estate purchased with a military mortgage

According to the law, housing purchased using targeted housing and mortgage loans, until the loan is fully repaid, is collateral not only from the credit institution, but also from the Ministry of Defense of the Russian Federation.

The encumbrance will be removed from the apartment only after the loan is fully repaid and after the borrower reaches 20 years of service. The scheme for selling such an apartment usually includes finding funds to repay the mortgage loan.

The transaction algorithm is as follows:

The seller notifies the bank and Rosvoenipoteka of his desire to sell the home and remove the encumbrance.
Verifies the amount of debt with the bank.
Repays the amount owed.
Finds a buyer for housing.
Receives a document on the removal of the encumbrance.
Receives a document on ownership from Rosreestr.
Selling an apartment according to the usual scheme.

Important: to repay the debt to Rosvoenipoteka (as well as to repay part of the debt to the creditor bank in the case of a civil mortgage), you can use funds received as part of maternity capital.

Video: Procedure for selling mortgaged real estate

Documents for the sale of mortgaged real estate

Carrying out the procedure for selling mortgage housing requires the borrower to prepare a full package of documents. What does it include?

document confirming solvency;
purchase and sale agreement with the buyer;
certificate of absence of debt on the loan;
loan mortgage;
a document confirming that the buyer has transferred funds to the property, which will be used to repay the loan balance;
a document confirming the removal of the apartment from encumbrance.

Thus, it is possible to sell an apartment with a mortgage. And even in several ways. The main thing is to carry out the procedure competently, without hiding anything from either the bank or the buyer.

After the birth or adoption of a second child, the family receives very significant financial support from the state - maternity capital. It is proposed to spend it on the education of growing children, a significant increase in the mother’s future pension, or improvement of uncomfortable living conditions. According to statistics, it is the latter option that is used most often by more than 90% of Russian families.

The received certificate allows you to solve the most pressing problem - the lack of your own housing. However, situations often arise when it is necessary to sell coveted real estate - for a larger apartment, when hidden defects are discovered, or when it is necessary to move to another area or city. An exciting question arises: is it possible to sell an apartment purchased with maternity capital, and if so, how best to do this in strict accordance with Russian legislation.

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

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the numbers below. It's fast and free!

Are there any restrictions when selling an apartment?

According to existing legislation, Article 2, Paragraph 36 of the Civil Code of the Russian Federation, it is impossible to sell an apartment purchased with a family certificate without special permission from the guardianship and guardianship authorities. By allowing the use of maternity capital to purchase or improve housing, the law sets a single, but important condition - all family members, regardless of age, must have access to the apartment being purchased. This means that even young children become owners, and it is possible to sell this apartment only after notifying the relevant authorities about the upcoming transaction.

Guardianship authorities closely monitor compliance with the rights of minors, therefore, in order to receive a positive response regarding the upcoming sale of an apartment purchased using a family certificate, you will need to prove that:

children will not be deprived of their share in property rights;
living conditions will comply with sanitary standards and will not become worse than existing ones.

Only in this case can a permit be obtained, without which the sale of housing is impossible.

By ignoring the fulfillment of these conditions and making the sale or purchase of housing without permission, you can be left without a new apartment due to the cancellation of the transaction.

Obtaining a sales permit and the necessary documents

According to the law, the sale of an apartment purchased with a family certificate occurs in the presence of representatives of the guardianship authorities or with permission from this authority, which should be obtained in advance. If the apartment is sold to improve living conditions, which will be documented, or to deposit the money received from the sale into the account of a child rented to an orphanage, there should be no obstacles to issuing a permit. Parents only need to write an application and provide the necessary documents:

a statement from parents or guardians, written in their own hand according to the approved form, and, if necessary, a document confirming the absence of parents (certificate from places of imprisonment, death certificate, decision on deprivation of parental rights);
birth certificates of all minor children and adult passports;
a responsible statement from adult family members about their consent to the child’s participation in the upcoming transaction;
appraisal document;
documents for the apartment;
certificate of non-existent debt on utility bills.

If you want to exchange an apartment for a private house, you will need to provide documents about the availability of communications and the quality of the material from which it is built. If all documents are in order, the permit is issued within the time limits established by law.

If life circumstances force one to change the apartment to another, smaller one, permission to carry out the transaction is issued only if the child retains a share of the same area. In this case, the shares of the remaining family members may decrease. If the exchange for a smaller apartment is related, for example, to the need to receive money for the treatment of a child, the guardianship authorities will accommodate, but only if there are supporting documents.

Sale of an apartment purchased with a mortgage

If the apartment being prepared for sale was purchased with a mortgage with maternity capital as a down payment, and the new property will also be purchased on credit, some difficulties may arise in obtaining permission to sell. In this situation, when drawing up a loan agreement, the new home becomes the subject of collateral. If the loan is not repaid, the apartment must be put up for sale, and the fact that there are children registered in it prevents this. Or the apartment being purchased has not yet been completed, and it is not possible to quickly allocate the children’s shares.

The problem occurs quite often and is completely solvable. Parents must certify at the notary's office an undertaking that their shares will be allocated to minor children no later than six months after the housing is put into operation.

Unfortunately, the fulfillment of this promise is not monitored at the proper level due to the presence of too many authorities involved in the transaction: Russian Register, pension fund, guardianship authorities. As a result, for various reasons, the obligation remains only on paper, and children are deprived of state-guaranteed housing. But in this case, the most affected may not even be them, but the apartment buyers.

Risks for buyers of real estate purchased using a family certificate

When thinking about the question of how to sell an apartment purchased with maternity capital, you should not only quickly finalize the deal, but also calculate all the possible risks in case of non-compliance with some of the requirements of Russian legislation.

Failure to respect children's right to housing can lead to disastrous consequences. After reaching the age of majority, they have three years to go to court to invalidate the home sale transaction due to the deprivation of their legal share. This fact will be most unpleasant for real estate buyers. In case of cancellation of the transaction, they will be obliged to return the apartment to the previous owners. They, in turn, must return the money received for housing, but, if they do not have it, they can pay the agreed amount in installments.

What does this mean for the buyer? Not only has annual inflation significantly reduced the importance of the money supply, but even that will have to be expected for an unknown amount of time. It is also disappointing that, in order to reduce mandatory taxes, the real cost of an apartment is sometimes underestimated. One only has to feel sorry for the participants in the transaction, but again mostly for the buyer. If this was the buyer’s only home, he really risks being left on the street.

How to speed up the sale of an apartment?

If you want to improve your living conditions by selling an apartment purchased with maternity capital and purchasing another one with or without using a certificate for another child, it is best to carry out both transactions simultaneously. In this case, obtaining permission from the guardianship authorities will be much easier and faster.

Compliance with legal norms and rules guarantees the absence of any difficulties and the transaction can be completed as soon as possible. It is only advisable to take into account an important fact - if the apartment offered for sale was purchased earlier than 3 years ago, and its cost is more than one million rubles, the tax on sale will be significantly higher. Therefore, if there is no special need, it is advisable to wait a little.

Young families often use government assistance funds in the form of maternity capital to purchase housing. If they want to sell in the future, people wonder whether it is possible to sell an apartment purchased with maternity capital.

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According to Russian legislation, there are no obstacles to such transactions; the laws do not stipulate anywhere that it is impossible to sell living space purchased with maternal capital. But in practice, special permission from the guardianship and trusteeship authorities at the place of residence is required, since they carefully monitor compliance with the rights of minor children.

It can be sold legally, but subject to certain conditions. The complexity of the transaction will depend on the age of the children and future living conditions. If you are selling a home in which children have a share (since maternity capital was used during the purchase), you are required to provide equivalent living space in another location. It is possible to allocate a larger share elsewhere, but a smaller one is not possible; the trusteeship will not allow it (except for individual cases). When purchasing a new apartment, children's rights advocates will want to make sure that future living conditions comply with sanitary standards, so they will check everything.

An apartment purchased with maternal capital is sold in the following cases:

The previously purchased housing does not meet the requirements of sanitary standards or turned out to be unfavorable (bad area, noisy neighbors, cold, leaking roof, etc.).
The family decided to change their place of residence and move to another city.
The family now has money to buy a bigger and better home.
You urgently need money, so you need to exchange housing for a smaller one (if you can allocate an equal share to the children, there will be no problems).
We urgently need money for vital needs, but the apartment previously purchased with maternity capital is small, and the children’s share will not be allocated (theoretically, this problem can be solved, the issue is considered individually, depending on what the money is needed).

Possible options on how to legally sell housing purchased with maternity capital:

If a child has reached the age of 18, he has legal capacity and has the right to participate in property transactions, so the issue is resolved simply - the child’s written consent is required.
If the child is under 18 years of age, his interests are represented by his parents or guardians, and his rights are protected by the guardianship authorities, so their permission for the transaction will be required:
- in the case when you plan to sell your old home and buy a new home with better characteristics, it is not difficult to get approval;
- if you want to exchange for housing with a smaller area, but keep the child’s share or allocate even more, there will be no problems either (if the living conditions meet the established standards).
If you are faced with trouble and urgently need money for serious treatment of a child, and you only have an apartment at your disposal, purchased with maternity capital, the guardianship and trusteeship authorities may allow you to sell it, even if the child does not have a share elsewhere. But such issues are resolved on an individual basis; many medical certificates will be required to prove that money is really needed for treatment. Then there will be strict control over where and for what you used these funds.

What happens if you sell your apartment without permission from the guardianship authorities?

If you manage to sell property bypassing trusteeship, be prepared for serious consequences. Problems can arise even after many years, both for the seller and the buyer.

If you sold an apartment and used the funds for other purposes (the state has established the purposes for which maternal capital is allowed to be directed), if fraud is discovered, they will be forced to return the money to the treasury. They will be held administratively liable and fined.
When a child whose rights were violated during the conclusion of a transaction turns 18 years old, within three years he can file a claim in court, and the court will be on his side, the transaction will be annulled.
If the deal is cancelled, the buyer returns the apartment, and the seller gives the money. In theory, the reverse exchange is simple. But the seller may not have the required amount at a time, and then the buyer will have to extract money through the courts for many years in installments, sometimes in monthly payments. There is no guarantee of a refund. And if the apartment has already been resold, the new owner risks ending up on the street without money or housing.

How to sell an apartment purchased with maternity capital

You can legally sell it even if the child is under 18 years old. The main condition is that the child’s living conditions will be improved, and not vice versa.

Step by step steps:

Contact the guardianship authorities with a statement notifying them of the decision, describing the situation and asking for permission.
Waiting for a positive response.
Looking for the right option for new housing.
Negotiate terms with the seller.
You agree on the purchase with the guardianship and receive permission.
You complete your purchase according to the standard procedure.

IMPORTANT: in theory, the instructions are simple. But in practice, people face great contradictions that complicate the situation. To buy a new home, you need to sell your old one, otherwise there is no money. To sell an old home, you need to allocate a share to the children in another place, otherwise you won’t get permission. Vicious circle.

Options to solve the problem:

At the same time, they sell old housing and buy new housing, which requires preparation, dexterity and knowledge of the matter. After all, you need to find a buyer, and at the same time find the object of purchase, and solving the housing problem is a serious matter. It will take a lot of time, effort, certificates and money.
People agree with close relatives to temporarily allocate a share to their children in their apartment, but this is a risky undertaking. And after the purchase, re-register. Not every owner will agree to this, only grandparents, if it is assumed that the housing will be inherited by a grandson.
The law allows you to sell an apartment if you issue a notarized receipt stating that the parent undertakes to allocate a share to the child and provide him with living space in the future. You can write such a receipt, then make a new purchase and allocate shares to the children in the previously agreed upon amount. This is an adventurous approach from the point of view of protecting children's rights.

The procedure for obtaining permission from the guardianship authorities

When purchasing a new apartment using maternity capital, shares are allocated to all family members: mother, father and each of the children. Therefore, documents will be required for everyone.

Step-by-step instruction:

Go to the guardianship authorities at the city administration at your place of residence (you can check the address and contact numbers on the Internet). You notify about the decision, ask questions and take a list of necessary documents (there are nuances in the regions, so it’s better to visit in person for the first time).
Collect and bring the necessary papers and submit them along with the application. Full list:
- a written statement of the established form from the parents (the form is issued on site);
- child’s application if they are already 14 years old. If the child is under 14 years of age, an application is not required;
- copies of passports (main page with number, series and photograph, and registration page) of those who own a share in the apartment being sold. If the child does not yet have a passport, provide a copy of the birth certificate;
- guardians must provide identification documents;
- receipts from all adult family members agreeing to the transaction;
- documents for the apartment being sold: certificate of ownership, certificate assessing the value of the residential premises, certificate of absence of utility and tax debts, cadastral and technical passport for the apartment;
- documents confirming that maternity capital was used to purchase the property that you intend to sell.
Looking for a new suitable purchase option.
Show copies of the documents (if the seller agrees to give them) to the guardian and receive approval for the purchase.

IMPORTANT: after collecting and submitting the necessary documents, official permission is issued within 14 working days.

How to sell an apartment purchased with matkapital with a mortgage

The young family spent maternity capital funds to purchase an apartment with a mortgage (with these funds they pay for the down payment or pay off part of the current debt). After some time, they want to sell the home without repaying the debt (the loan encumbrance is transferred to another buyer). And they are wondering whether it is possible to sell an apartment purchased with a mortgage with maternity capital. Yes, you can. It happens according to the standard scheme, only the guardianship authorities monitor the progress of the case.

Step-by-step instruction:

Find a buyer who is ready to purchase a home with a mortgage encumbrance (buys with a mortgage or pays off your debt at his own expense).
You go to the guardianship and get permission to sell.
You sell to a new owner (the bank or buyer pays off the debt).

How to get permission? If you have the financial means to buy a new apartment, there is no problem. But if you decide to purchase another home also with a mortgage, paying off your debt in one bank and getting a mortgage in another, there will be difficulties. When purchasing real estate with a mortgage, it remains pledged to the bank until the debt is fully repaid. In case of non-receipt of its funds, the bank has the right to sell the pledged property under the hammer, but this will be prevented by minor owners. Therefore, the bank will not issue a loan for such housing. And the guardianship authorities, by allowing such a transaction, risk the rights of the child, since if the debt is not paid, the housing will be sold legally. The problem is solved by the parents writing a notarized receipt stating that as soon as the mortgage is paid, they will register a share in this apartment for the children within 6 months, but for now the shares are not allocated.

There are no legal obstacles to selling an apartment or residential building purchased with capital (whether with a mortgage or with your own funds). If the funds are used for their intended purpose and the conditions are met, the problem of obtaining consent to purchase and sale from the guardianship authorities can be resolved. The same conditions and requirements apply to other types of transactions in relation to property acquired using maternity capital (donation, exchange, purchase, sale of a share, a plot of land, private housing, etc.).

There are many nuances in the laws related to the use of maternity capital. Each region, as permitted by Federal legislation, has the right to make adjustments. Therefore, check the specifics of transactions in your region (in Moscow, St. Petersburg, Samara there may be slight differences in the laws). Selling and purchasing real estate is a serious matter, and things get more complicated when children are involved, so it is advisable to do your due diligence before entering into a deal. This recommendation is relevant for both the seller and the buyer. If mistakes are made during the purchase or certain laws are ignored, in the future, even after many years, the buyer may have serious problems in the form of litigation and cancellation of the transaction. Do not blindly trust realtors, relying on their knowledge and experience. The intermediary’s job is to provide assistance in drawing up the contract and concluding the transaction and receive his commission, and you will have to deal with any problems that arise later.

Before using maternity capital to purchase housing, calculate the different options in advance, study the laws and do not be deceived.

QUESTION ANSWER

1. Question: How long can it take to sell an apartment purchased with maternity capital?

Answer: You can sell after any period of time; there are no laws contradicting the sale. But you need to take into account that an apartment worth more than 1 million rubles is subject to tax if sold earlier than after 5 years. If you don't want to pay tax, you'll have to wait 5 years.

2. Question: Can a mother sell her daughter an apartment for maternity capital?

Answer: Russian legislation stipulates that purchase and sale transactions between close relatives are prohibited. However, the laws on the use of maternity capital state that when purchasing housing using maternity capital, shares are distributed in equal shares between members of the entire family (mother, father and all children). Therefore, you can buy an apartment for maternity capital from your mother.