What are the best practices from the package "Mais Habitação"?

 

MAIS HABITAÇÃ"Mais Habitação" - THE SALE OF SECOND HOMES IT IS FREE OF "MAIS VALIAS" TAXES IF THE MONEY IS USED TO PAY THE LOAN FOR ADDED VALUE IF YOU REDEEM CRIt isSAID

The sale of second homes, or land to build over the years 2022, 2023 or 2024 and may be exempt from capital gains if the money from the sale, to serve, to write off a loan for a new home, and a permanent one. DECO PROTeste, explains how it works, the extent of the package Housing.

The sale of plots of land or houses minor, during the years 2022, 2023, and 2024 will be exempt from the payment of capital gains, provided that the sellers will use the proceeds from the sales for the next three months, repay the principal on the mortgage loan contracts. The action is provided in the package Housing, which entered into force on October 7, 2023.

To have an exemption from capital gains, the cost can also be made in the contract to the credit of the permanent residence of the owner to sell the dwelling, secondary, or the permanent residence of his descendants (children or grandchildren).

Those who are already sold on the housing, minor until the 6th of October of 2023 has three months in which to repay, and the benefit of the exemption, and an extraordinary one.

To clarify all the questions you may have about the waiver and extraordinary capital gains.

THAT IS, SALES ARE EXEMPT FROM CAPITAL GAINS?

The waiver exception of the added value that applies to the sale of land or of houses, secondary implemented from January 1, 2022 to December 31, 2024.

HOW TO CALCULATE THE PVREAD?

The most significant advantage is the result of the subtraction of the value of the sale, the value of the investment (or the taxable value of the property was when it was inherited). They must deduct the value eventually, expenses, commissions, real estate, deeds, tax on transfers of real estate (IMT), or to the works of the valuation made in the previous 12 years, and proven with the invoice.

It is DO I NEED TO WRITE OFF THE ENTIRE VALUE OF THE SALE, OR THE BOTTOM LINE?

To qualify for the exemption from tax on capital gains, it is required to re-invest all of the proceeds from the sale of a home in the secondary, or from the ground to the building. If you do not reinvest all of the proceeds from the sale, you are entitled to a partial exemption applies to only to a part of re-invested. 

IF IT'S A PART OF THE SALE WOULD HAVE BEEN USED TO SATISFY THE CRIt isSAID To HABITAÇÃTHE HOUSE IS SOLD, THEN THAT VALUE WILL It is DISCOUNTED To THE ADDED VALUE?

No. Even though the taxpayer's use of a portion of the profit to pay off the loan, which allowed us to buy a house, this value is still to be accounted for as a gain, and a part of the amount subject to income tax.

WHAT IS THE TIMEFRAME FOR ACHIEVING THE AMORTIZESTTHE AP -CONTRACT FOR THE SALE OF THE HABITAÇÃTHE MAJORTo"RIA?

The repayment of the principal of a loan to the permanent residence must be completed within three months from the time of the sale. However, anyone who has sold a home in the secondary or in the ground for construction by the year 2022 or early 2023, prior to the entry into force of the package Housing, there are three months after the entry into force of the law to achieve the depreciation that it allows you to benefit from the measure.

In practice, anyone who has sold a home in the secondary or in the ground for the building on 1 January, 2022, and as of October 7, 2023 you can still take advantage of the exemption in exceptional circumstances, of the capital gains if you repay a loan in their own house, and standing up to the 7th of January, 2024.

AS A PROOF OF THE AMORTIZESTWhat?

The taxpayers who intend to qualify for the exemption, an extraordinary asset to have to ask the bank for a certificate showing the amount and date of the cancellation. This document may not be required by the Finance after the delivery of the annual income from the IRS that you are going to communicate to the sale of housing in the secondary, or from the ground to the building.

QUEM JTo PAID IN CAPITAL GAINS FROM THE SALE OF DWELLTTHE MAJORToRIA WAS HELD IN THE YEAR 2022, CAN ASK FOR A REFUND ToS FINANÇTHE?

Yes. The taxpayer may file a claim presented to, and to request the replacement of your tax return, including amortization, which is made of all or part of the value. If this is the case, DECO PROTeste believes that with the Tax Authority shall make a further settlement of the accounts, without any financial penalty to the taxpayer.

THE EMPTYTHE ADOPTION OF AN EXCEPTIONAL ADDED VALUE AND APPLIES IT TO PROPERTIESWHICH IS SOLD BY MORE THAN ONE OWNER?

Yes, each and every co-owner has a share in the value that you obtained on the sale of the real property, or land. It is in this portion that you can repay the outstanding principal of the loan for a new home and in a permanent way (or a descendant).

YOU CAN USE THE MONEY FROM THE SALE OF A HABITAÇÃTHE MAJORToLAGOON TO RECOVER A COMPANIt isSTIMO IS SHARED AND WITH WHONIT WAS THE OWNERSToTHE RIVER HOUSE IS SOLD?

Yes, you can. In such cases, you can only redeem the portion of the principal amount. If the loan has been granted by the two as a couple, for example, only one of which has sold a home in the secondary, only the holder of the loan may be able to recover its share of the outstanding amount.

YOU CAN USE THE MONEY FROM THE SALE OF A HABITAÇÃTHE MAJORToLAUGHING TO REPAY THE CAPITAL TO DITHE LIFE OF TWO CRIt isSAID TO HABITAÇÃTHE NEXT LEVEL.OTHERE ARE PERMANENT AND TWO OF THEIR CHILDREN?

Yes, as long as the proceeds from the sale of housing in the secondary will be used to repay loans for the permanent residence of the taxpayer or his or her descendants are, within the statutory time limits.

IF THE VALUE OBTAINED FROM THE SALE OF THE HABITAÇÃTHE MAJORToRIA SURPASS THE CAPITAL CITY IN THE DITHE LIFE OF A CRIt isSAID TO DWELLTTHE NEXT LEVEL.OTHERE ARE, AND THE PERMANENT HTo COBRANTTHE ADDED VALUE?

Yes, it's a part of the sale, which is not to be used for the repayment of a mortgage loan shall be subject to the payment of the capital gains in the traditional way. That is, half of the remaining amount is added to the annual income of a taxpayer subject to the tax calculation as a function of the level of tax corresponding to it.

NO EMPTYTTHE ADDED VALUE THAT THE VALUE OBTAINED FROM THE SALE OF LAND FOR THE CONSTRUCTIONTOR IT INHABITSTTHE MAJORToRIA IS RE-INVESTED IN THE PURCHASE OF DWELLTTHE NEXT LEVEL.OTHERE ARE PERMANENT?

No. With the exemption of gains already established prior to the entry into force of the package in a More long-term Housing for the purchase or construction of housing units shall apply only to the reinvestment of amounts earned on the sale of the houses themselves, and to be permanent. In such cases the investment has to be made in the construction or acquisition of a new permanent residence in the household of the taxpayer.

THE SALE OF THE LAND, RÚSTICOS, BUT THERE ARE ALSOIt isIS CAUGHT BY THE EMPTYTTHE EXTRAORDINARYToTHE ESTUARY OF THE CAPITAL GAINS?

No. The measure will apply only to the sale of land, building, or residential properties that are not intended for the permanent residence of the taxpayer and his / her family.

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