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Real estate and construction Statement of claim for the return of pension tax when buying an apartment for the first time

Vasyuta Dmytro

Attorney

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vasiuta@prikhodko.com.ua

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Lawyer with many years of experience in the field of real estate and land law. Support for construction, registration of land plots, obtaining permitted documentation and protection of property rights. Also has successful cases of labor law and mobbing at work.

Statement of claim for the return of pension tax when buying an apartment for the first time

Most potential real estate buyers know that when buying an apartment, you must pay 1% of the cost of housing to the Pension Fund. We are talking about the pension levy. However, not everyone is aware that there are exceptions to this rule. In particular, people who are buying real estate for the first time can return the pension levy. In this article, we will consider how to draw up a claim for the return of the pension levy when buying an apartment for the first time.

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Pension fee: who has to pay?

According to current legislation, when purchasing primary or secondary housing, it is mandatory to pay the state pension insurance tax. The payers are:

Individuals.
Institutions.
Organizations.
Enterprises.

The amount of this fee is one percent of the cost of housing specified in the contract. Payment of the tax is controlled at the state level with the help of a notary. If there is no record of confirmation of payment of the fee, it is impossible to notarize the apartment purchase and sale agreement. Every quarter, notaries submit a report to the Pension Fund on the paid mandatory state pension insurance.

Certain categories of real estate buyers may not pay this tax. However, in practice, this right is exercised by buyers who are familiar with this possibility.

A person who does not pay the pension levy did not acquire and did not have the right to own housing. This applies not only to the purchase of an apartment, but also to privatization, inheritance, and the purchase of a share in joint property.

Is it possible to return 1% of the pension levy? We answer this question in the affirmative. The illogicality of the procedure lies in the fact that there is no algorithm for checking the primary nature of the purchase of housing by a person.

Even if several years have passed since the purchase of an apartment, the levy can be returned. Current legislation does not regulate the term for returning the levy for compulsory insurance.

It will also be useful: Real Estate Lawyer

To return the funds, it is enough to contact the local Pension Fund and write an application. The application should include the following information: a detailed description of the real estate purchase transaction (i.e., a purchase and sale agreement must be attached); the place where the person lives; the cost of the payment, etc. The fact of payment of the pension fee is confirmed by a copy of the receipt. In addition, a certificate from the State Register confirming the first purchase of real estate will be required.

Price of legal support in Kyiv

Refusal to return the pension contribution: what to do?

As mentioned above, the first step to return the funds is to contact the territorial Pension Fund. However, most likely, you will be disappointed when you receive a refusal. This is due to the fact that the representatives of the Pension Fund do not have information related to the right of ownership of real estate. That is, they are not able to confirm the fact of purchasing real estate for the first time.

That is why the second logical step should be to go to court to appeal the decision of the Pension Fund. This is allowed 6 months from the date of receipt of the refusal. After the court hearing, the property owner will be able to return the pension contribution. The total duration of the refund procedure can be one and a half years.

To speed up this procedure, it is better to use the help of specialists. Real estate lawyers of our law firm Prykhodko and Partners will help you correctly draw up a statement of claim for the return of the pension contribution when buying an apartment for the first time. You will not need to spend your precious time independently going through all the stages of this procedure.

So, citizens of Ukraine have the opportunity to significantly save money when buying an apartment for the first time. Even if the property was purchased several years ago and you did not know about the possibility of exemption from paying the pension fee, nothing is lost. You can return the money in court.

In the process of buying any real estate, it is worth considering various nuances and “pitfalls”.

If you do not want to deal with all the nuances yourself, it is better to enlist the support of a real estate specialist. The advice of our lawyers will help you make the purchase and sale transaction safe from the point of view of current legislation and save significantly, as in the case of the first purchase of real estate.

We provide a full range of real estate services:

Inspection of the apartment/house.
Familiarization with permits and technical documents.
Confirmation of the legality of ownership.
Legal support of real estate transactions.

There are no difficult tasks and serious challenges for us. Our real estate lawyers will be able to protect your legitimate interests. You won’t need to waste your precious time checking the legality of the real estate seller’s actions. We will do everything for you!

Do you have any more questions? We look forward to a preliminary consultation in a format convenient for you (offline or online)! To calculate the cost of real estate lawyer services, fill out the form below.

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1 question

Are you interested in a claim for the return of pension contributions when buying an apartment for the first time?

Yes

2 question

Are you in Kyiv?

Yes

3 question

Do you need the service urgently?

Yes

In which regions of Ukraine do you work?

The department of real estate and land law, as a rule, works in Kyiv and the Kyiv region.

We provide our services in all regions of the Kyiv region, for example:
Bilotserkiv district (towns of Skvira, Tarasha, Bila Tserkva, Uzyn, Tetiiv).
Boryspil district (the cities of Boryspil, Pereyaslav, Yagotyn).
Brovary district (the cities of Brovary, Berezan).
Buchansky district (towns of Bucha, Irpin, Vyshneve).
Vyshhorod district (the cities of Vyshhorod, Slavutych).
Obukhiv district (towns of Obukhiv, Boguslav,
Vasylkiv, Kagarlyk, Myronivka, Rzhyshchiv, Ukrainka).
Fastiv district (the cities of Fastiv, Boyarka).

It is worth noting that on some issues (services) we work throughout Ukraine, contact and clarify information by phone!

Do you provide consultations online or over the phone?

Yes! If you do not have the opportunity to come to the office in Kyiv, then you can pay and receive a consultation by phone or in one of the applications for conducting calls/conferences.

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Real estate and construction

Statement of claim for the return of pension tax when buying an apartment for the first time

Pension fee: who has to pay?

Refusal to return the pension contribution: what to do?

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