Разъяснено, как применяется налоговый вычет к двум земельным участкам физлица при неполном периоде владения

Евгений Шелест

mihtiander / Depositphotos.com

При нахождении в собственности налогоплательщика нескольких земельных участков, налоговый вычет по земельному налогу будет предоставляться на каждый из них, если права владения в налоговом периоде не пересекаются. Такое мнение Минфин России выразил в письме Департамента налоговой и таможенной политики от 6 ноября 2018 г. № 03-05-04-02/79816 «О порядке применения налогового вычета по земельному налогу». Из документа следует, что при этом расчет суммы налога (суммы авансового платежа по налогу) производится в отношении каждого участка.

По общему правилу он определяется как отношение числа полных месяцев нахождения участка в собственности, или постоянном (бессрочном) пользовании, или пожизненном наследуемом владении налогоплательщика к числу календарных месяцев в налоговом периоде. При этом если физлицо начало владеть участком до 15 числа, а прекращение владения произошло после 15 числа, то месяц считается полным. И, соответственно, если физлицо начало владеть участком после 15 числа, а прекратило владеть до 15 числа, то месяц владения считается неполным и не учитывается при расчете налога (п. 7 ст. 396 Налогового кодекса). Добавим, что вычет уменьшает налоговую базу по земельному налогу на величину кадастровой стоимости 600 кв. м (п. 5 ст. 391 НК РФ).

Что делать, если налоговое уведомление об уплате имущественных налогов не получено в срок? Узнайте из материала «Порядок и сроки уплаты земельного налога физическими лицами» в «Энциклопедии решений. Налоги и взносы» интернет-версии системы ГАРАНТ. Получите полный доступ на 3 дня бесплатно!

Напомним, что ФНС России уже завершила кампанию по рассылке налогоплательщикам налоговых уведомлений. Заплатить налоги необходимо не позднее 3 декабря. Теперь это можно сделать с помощью карты любого банка через личный кабинет налогоплательщика.


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