INVEST FORESIGHT
You can sell real estate without filing a declaration
Recently, the State Duma of the Russian Federation adopted a law that abolishes the obligation for sellers of real estate to submit a declaration to the tax service. Now, owners who have entered into a transaction for the sale of residential real estate worth less than 1 million rubles and non-residential premises with a price less than 250 rubles do not have to submit a declaration.
It is possible that there will be a surge of various frauds when people really understate the value of the real estate being sold in order to fall under this law.
It is likely that as a result of the adopted bill, more objects of a low price segment will appear on the real estate market - both rooms, apartments, houses in rural areas, and garages, garden plots, etc. (including this will affect shares in real estate). Because the requirement to pay personal income tax was often a restriction on the sale of such property - people who sold inexpensive properties often expected prices to rise in order not to pay relatively high taxes. In addition, the real estate market will have an opportunity for a larger scale of whitewashing transactions with a sale amount of less than 1 million rubles for housing and less than 250 thousand rubles for non-residential premises.

It is possible that there will be a surge of various frauds when people really understate the value of the real estate being sold in order to fall under this law. However, this will most likely affect those objects that are close in value to the boundaries specified in the law and do not significantly exceed them. After specifying a cost of 1 million rubles for an object at a real price of 5 million rubles, sellers immediately attract the attention of tax authorities, who have extensive experience in tracking and disclosing such frauds aimed at tax evasion.

The text of the draft law "On Amendments to Parts One and Two of the Tax Code of the Russian Federation and Certain Legislative Acts of the Russian Federation" adopted by the State Duma of the Russian Federation on June 17, 2021 does not say about equity participation and how this will affect citizens who have their share in real estate. But logically, if there is ownership (including shared ownership), the law applies to such cases. For example, when an apartment is sold for 3 million rubles by three owners, the share of each of which does not exceed 1 million rubles, the declaration does not need to be submitted to any of the owners. Sellers will need to take this into account when they draw up sales agreements - that the value of the share should not exceed the legal framework in order to fall under the simplified version of the transaction. The rest of the law does not restrict the fractional ownership of real estate in any way, but only regulates the submission of the necessary documents to the tax office and the payment of taxes due to the sale of inexpensive real estate.