RETURN OF PENSION FEE WHEN BUYING REAL ESTATE

 Hundreds or even thousands of real estate purchase and sale agreements are carried out every day within the state. Such a simple procedure, it seems at first glance, but entails a number of further legal actions, including the state to avoid paying extra money. As you have already understood, this article is devoted to the refund of the pension fee when buying real estate.

 The Cabinet of Ministers amended Resolution № 1740 of November 3, 1998. So what exactly is regulated by the above Resolution?

• Determined how to purchase a home for the first time;
• A specific mechanism for exemption from paying the pension fee has been established.

 According to the specified Resolution, the fee on purchase and sale of real estate is not paid:

When buying a home for the first time

 At the same time, real estate is: a house, its part, an apartment, a garden house, a dacha, a garage, etc.

What confirms the first purchase of housing?

• a statement written by an individual. This statement indicates the absence of other housing on the right of ownership;
• information from the State Register on the lack of registered ownership of housing (extract by person, which can be done using online justice services);
• information on non-use of housing privatization checks. Such a document is a certificate of residence.

Staying in line for housing

What confirms this status of being in the queue?

 Here you should get a document issued by the body responsible for keeping records of citizens in need of better living conditions. This is usually the executive committee of the local government.

 The resolution also provides for the submission of reports on the accrual and payment of pension contributions in electronic form using an electronic digital signature.

 It should be noted that notaries continue to register ownership of real estate only with a receipt for payment of 1% of the pension fee. This is due to the fact that the above changes have not been made to the Law of Ukraine "On Mandatory State Pension Insurance Fee". Therefore, it is worth waiting for amendments directly to the Law.

 Meanwhile, when purchasing a home for the first time, you should use the court procedure to appeal the refusal to return the pension fee. To do this, you should keep the receipts for the payment of the pension fee and file a lawsuit in the administrative court, where the defendant will be the Main Department of the Pension Fund of Ukraine in a particular area. Usually such cases are considered in written proceedings, ie without summoning the parties, but only on the basis of available materials. That is why it is important to properly justify the claim and add the necessary list of documents.

 "Prikhodko & Partners" Law Firm provides professional assistance to citizens and businesses in the field of real estate. We provide full support of each case from the beginning to the desired result. Contact us, we will be happy to help and become your legal advisor.