Loan to buy the only house in the family, with a monthly income of more than 5,000 yuan, and has already paid a tax. When the conditions are met, you need to prepare relevant materials, such as the purchase contract, mortgage contract and ID cards of both husband and wife, and then go through the tax refund procedures.

First, the taxpayer's tax refund amount

From 2022 10 to 2023 1 0 to 2023 12, all taxpayers who meet the tax refund conditions will be refunded their personal income tax when the newly purchased housing amount is greater than or equal to the current housing transfer amount; When the newly purchased housing amount is less than the current housing transfer amount, the personal income tax paid by the current housing will be refunded according to the ratio of the newly purchased housing amount to the current housing transfer amount.

The calculation formula is:

1, the newly purchased housing amount is greater than or equal to the current housing transfer amount.

Tax refund = personal income tax paid at the time of current house transfer.

2. The newly purchased housing amount is less than the current housing transfer amount.

Tax Refund Amount = (amount of newly purchased housing ÷ current housing transfer amount) × personal income tax paid at current housing transfer.

Two. Where should taxpayers apply for tax refund?

Taxpayers who enjoy the personal income tax rebate policy for residents to buy houses should apply to the competent tax authorities for the collection and transfer of personal income tax on existing houses, that is to say, to which tax authorities should taxpayers apply for the refund of paid personal income tax when selling houses.

The tax department implements a one-window system for real estate registration and taxation. Under normal circumstances, taxpayers should pay personal income tax on the transfer of existing houses in the local government service hall or real estate transaction hall, so they should still apply for tax refund in the government service hall or real estate transaction hall. Unless otherwise stipulated by the local tax authorities, such provisions shall prevail.

3. What materials should be provided for personal income tax refund?

When taxpayers apply for individual income tax refund for residents to buy back houses, they shall submit the Application Form for Individual Income Tax Refund for Residents to Buy Back Houses to the competent tax authorities, and provide the following information:

(a) the taxpayer's identity certificate;

(two) the current housing sales contract;

(3) If the newly purchased house is a second-hand house, provide the house sales contract, the certificate of immovable property rights and a copy thereof;

(four) the newly purchased housing is a new house, and the housing transaction contract and its copy shall be reported to the housing construction department for the record (online signing).

legal ground

"People's Republic of China (PRC) tax collection and management law"

Article 3 The levying and ceasing of taxes, as well as the reduction, exemption, refund and supplementary payment of taxes, shall be carried out in accordance with the law. If the State Council is authorized by law, it shall be implemented in accordance with the administrative regulations formulated by the State Council.

No organ, unit or individual may, in violation of the provisions of laws and administrative regulations, make decisions that are inconsistent with tax laws and administrative regulations, such as tax collection, suspension, tax reduction, exemption, tax refund and overdue tax.