Experts painted step by step instructions for owners of apartments and cottages.
That the introduction of new rules of calculation of property tax on cadastral value could force the Russians and especially the Muscovites to move to the suburbs to cheaper housing, “news” wrote last week. For example, the amount of tax on a two-bedroom apartment in “Stalinka” in the area of metro station “Frunzenskaya” will grow by 2020 9256,36 ruble to 46 281,78 of the ruble.
At the end of this year, the Russians in 28 regions, including Muscovites, will receive the requirements, where taxes on their property — be it apartments or other properties, are calculated based on the cadastral value and not the evaluation of BTI, as before. In 2016, the tax will accrue at the rate of 20% of the total amount of the tax, by 2020, the figure will bring up to 100%. As for land tax, we already pay a fully — phased introduction of 20% by 2020 no.
However, there is a legitimate way to reduce the amount of tax to 40%. The fact is that because of the imperfection of methods of mass valuation cadastral value is often much higher than the market.
The owners of any property in Russia can enjoy the right to challenge established by Rosreestr cadastral value.
But whether or not to get involved in this slow process, everyone needs to decide for himself. Since the procedure for challenging cadastral value — a thing not cheap, it is necessary to clearly understand the effect of the tax savings it will bring to the owner in case of success and is the game worth the candle.
How to dispute cadastral value of their property, “news” told General Director of the Berkshire Advisory Group, Irina Vishnevskaya.
Looking for an independent appraiser
— If a person (i.e. natural person) believes that the cadastral value of his estate — apartments, land, house or garage — inflated in the first place, you need to perform an independent assessment, ” says Irina Vishnevskaya. That is to appeal to an independent valuer to assess the market value of the object.
Where looking for appraisers? First, there are the ratings valuation companies when it comes to large appraisal companies with lots of staff. And you can just go to the “Yandex” or “Google” and type in the search string “estimator for challenging the cadastral value or the cadastral value contesting”. However, according to experts, it is best to look for an independent appraiser on the recommendation of friends. Companies very much, and their services are quite different.
For example, the average market value assessment of the land in the suburbs, contesting is from 30 thousand to 50 thousand rubles. Apartments in Moscow from 7 thousand to 15 thousand rubles. But here you can save.
I know that in one of cottage settlements of Moscow suburbs has teamed up individuals, the owners of 83 houses. The cost of an independent appraiser amounted to 385 thousand roubles. But if you divide that amount by 83 plot, it turns 4638 ruble to the area, — said Irina Vishnevskaya. — If each of them valued their cottage on your own, it would cost the owner 10 times more expensive. It is an expensive service. So when we are talking about land or houses, and people together in one village or cottage. Obtained significant cost savings.
In this case, an independent appraiser is one report that lists all the land. Or for every owner is a separate report with its cadastral number.
Experts say that the collective assessment is also applicable for apartments in blocks of flats, the law does not prohibit.
Why is it so important for independent evaluation? Experts argue that the independent appraiser takes into account everything from technical condition of the apartment, the position of the house, comparing prices of similar properties. This is especially important even for apartments and for houses.
— It’s hard to imagine how a mass appraisal method to evaluate the house in a cottage village, especially the elite, — said Vishnevskaya. — Take the ruble — there is a house for 40 million rubles, and is — for $40 million by mass evaluation, there is generally difficult to approach.
How much is the appraisal from an independent appraiser?
Depending on the property, these services will cost on average from 7 to 50 thousand rubles (the upper limit can be much higher).
Go to court
After the owner of the property came in the hands of the conclusion of the independent appraiser, it, bypassing the territorial Commission for the challenging, can immediately go to court and file a claim about the establishment of cadastral cost in the market. Need to go to your district court. It is an administrative process, usually it lasts 3-4 months.
As the defendant was the Federal registration service as the body responsible for the determination of cadastral cost. After the start of the trial need to be prepared for the fact that the judge in 99% of cases will appoint a forensic examination to establish the market value of your property.
— When the court draws a legal expert, he needs to figure out the questions that relate to special knowledge — in this case real estate and appraisal activities. These can be issues of Finance, economy, construction. This is absolutely the right event, — explained the “Izvestia” managing partner of the NKO Law office of ask Sergei Kopeikin. — However, it takes a lot of time and diverts certain funds. However, it is absolutely objective, reliable and very high quality evidence on which the court actually builds its decision.
The judge’s questions will sound like this: “whether the evaluation report presented to the court is reliable and relevant legislation? If not, determine what is market value. As court experts, the courts are attracting the same independent appraisers.
For example, with the Moscow city court has about 10 appraisal companies. The work of forensic experts is usually paid by the plaintiff. But if Rosreestr seeks the appointment of expertise (he also has that right), then, respectively, the work of forensic experts paid by the Federal registration service.
Forensic examination is a bit cheaper than the valuation report of an independent appraiser for the house it will be from 25 thousand to 50 thousand rubles. Do not forget about the services of a lawyer.
— For example, the land area of 20 acres in the suburbs of Moscow you can see how much it will cost the owner of an independent evaluation, — says Irina Vishnevskaya. — The cost of an independent appraiser — 40 thousand rubles. The cost of court-appraiser — 30 thousand Services of a lawyer, which is included in the process, will cost 30 thousand rubles for one trial. The administrative process is usually 3-4 meetings. Total — about 200 thousand rubles.
In any case, if a person decided to begin the process of challenging the cadastral value, it is necessary to pre-calculate all. If the value of the property can reduce by 40-50%, it makes sense to spend money. But if only 10-15%, and you should not mess with.
The courts are flooded with lawsuits
According to the lawyer Sergei Kopeikin, the number of cases of people who have decided to challenge the cadastral value of their property has increased significantly in recent months and will increase further.
— I don’t keep statistics, but I can say that me and my colleagues, specializing in property and economic matters and disputes, cases increased by 20 percent, ” says the lawyer. — And in the courts workload today is simply enormous. Moreover, the number of cases increased due to the contestation of the cadastral valuation.
Yet the courts apply the owners of quite expensive real estate — as a rule, the level of financial and legal literacy are higher. But experts are confident that the courts will soon go and the owners of model homes.
Today well understood and citizens, and organizations that need an independent assessment that there is a right to rescind the transaction.
Today legal and financial knowledge of people has grown. And the next generation will be even more competent, — said Sergei Kopeikin. — Besides, in a year or two, when you increase the real estate tax (it is introduced gradually), people will feel it for yourself. And to speak and write about this often yet because of the increase of property tax do not know the owners. And then the number of applications will increase significantly.
So, the cost of contesting the cadastral value of the property consists of four items: payment for services of an independent appraiser; state duty for filing a claim in court; the payment of a lawyer who will represent the plaintiff in court (the administrative process); the costs of a forensic examination, which in most cases appointed by the court to make an informed decision.
— Before you begin the procedure for challenging cadastral value, I would advise every owner to pre-calculate everything and make the decision taking into account the amount of expenditures and amount of the victory, — said Irina Vishnevskaya. — It is necessary to consider the economic effect: how much do you save on taxes and what expenses you will incur if you go to court.
