How to get a targeted loan for maternity capital? Cash loans for maternity capital How to issue a loan for mat capital.

Cash loans for maternity capital are an affordable way for a large number of families to transform their living conditions or purchase a house or apartment. However, not everyone can use such a loan, due to severe restrictions on the part of banks.

They include the need for an official employment device, the presence of a basic income that must be documented, a “clean” credit history.

What it is

Maternal capital is a form of assistance to families involved in raising children. This measure refers to state support, which came into effect on January 1, 2007.

Maternity capital is paid after the birth of the second and subsequent children, or after their adoption.

Conditions for receiving assistance:

• the presence of Russian citizenship;
• rejection of other state family assistance programs.

In 2014, the maternity capital is 429.408 rubles.
Obtaining a certificate of maternity capital and the period of its use is not limited by time.

Is it legal to borrow money under maternity capital

A loan for maternity capital is a completely legal procedure, which has some limitations.

In accordance with Decree of the Government of the Russian Federation of 2007 No. 862, capital can be used:

• for the purchase or independent construction of a house, carried out by citizens of the Russian Federation by concluding transactions and agreements that do not contradict this legislation;
• all capital or a certain share of it can be spent on improving living conditions, reconstruction, repair.

It follows from this that those loans for maternity capital that were taken for the purchase or construction of housing, as well as the reconstruction of an existing place of residence, will be legal.

In this case, the following conditions must be observed:

• the purchased residential premises must be located on the territory of the Russian Federation;
• housing, the acquisition of which is carried out using a loan for maternity capital, is registered in the ownership of not only parents, but also their children.

Since 2009, funds or part of maternity capital funds are allowed to be used as:

• a down payment on a mortgage, if it is necessary for repairs or the purchase of new housing;
• for the payment of principal and interest on it, if the funds received were used to fulfill the above purposes.

According to Part 6, Article 10 of the Federal Law of December 29, 2006 No. 256-FZ confirms the possibility of using maternity capital for the above purposes.

How and where to get money

You can repay the loan through the Pension Fund of Russia. The pension fund, instead of the borrower, makes monthly payments based on maternity capital, and notifies the owner of the certificate about this.

In order for the loan to be paid in this way, the owner of the maternity capital must write an application to the territorial body of the PFR. It is required to attach a certain package of documents to it.

The only disadvantage of this method of payment is that the owner of the certificate will have to apply to the Pension Fund every month.

In accordance with the Federal Law, maternity capital will not be used to pay penalties or penalties for late monthly payments.

In the case when a full payment of maternity capital is required (as a down payment), you will need to write an application to the Pension Fund, attach all mortgage documents confirming the legitimacy of intentions. The FIU may require additional documents.

The Pension Fund reviews the application within three months.

What documents and information do you need to submit?

To obtain a loan for maternity capital, it is necessary to collect several packages of documents.

Applying to the FIU for issuing a certificate requires the following documentation:

1. Applications (it is provided to the FIU, filled out on the spot).
2. Documents proving the identity of the spouses (passports), birth certificates.
3. Insurance certificate of all family members.
4. Copies of marriage certificate.

When applying to the FIU to transfer funds to the account taken, the following documents are required:

1. Application to be issued on the spot.
2. The passport.
3. maternity capital certificate.
4. SNILS of a person who has a certificate.
5. Documents for the purchase of housing.
6. Consent, previously certified by a notary.
7. Certificate received from the bank on the amount of debt at the moment. At the same time, it is important to ensure that the purpose of the contract is spelled out.

You can take a loan from a microfinance organization that provides such services. They need to present the following documents:

• maternity capital certificate;
• birth certificates of children;
• passport of the certificate holder and spouse (if the marriage was officially concluded);
• TIN of the certificate holder;
• SNILS.

Some organizations may require documents for the purchased property.

These include:

• a certificate confirming the ownership of a certain object or its share;
• technical passport for a registered property, if it was purchased in the primary market.

Companies providing this type of loan:

Bank/MFI name	banking program	Short description	Percentage rate
DeltaCredit	Delta Economy	Ruble form of a loan with a fixed rate. The program is suitable for purchasing a house in the presence of property rights.	From 13%
DeltaCredit	DeltaStandard	The loan is issued in dollar currency. Combined rate. It can be used to purchase an apartment in the secondary sales market.	9 to 11%
DeltaCredit	DeltaRuble	Loan in rubles. The interest rate on it varies depending on the size of the loan.	11 to 13%
UniCredit	Loan for the purchase of an apartment	This program allows you to increase the loan amount by the part that is maternity capital.	11,2-13%
Sberbank	Purchase of housing during its construction.	Fixed rate mortgage. The longest repayment period is 12 years. The amount of the first installment is at least 12%.	12%
Sberbank	Acquisition of a built house (apartment)	The loan can be issued in dollars or rubles. Issued for up to 30 years.	12-13%
Bank of Moscow	Loan with full payment of maternity capital	A loan in rubles, the use of which can be used to purchase a residence that is under construction. Maternity capital is required to pay the first installment.	11,9%
VTB 24	Purchasing a home on the secondary market	A loan agreement between an individual and a legal entity is carried out in accordance with the acquisition of a place of residence in the secondary sales market	11,98%
Bank opening	Mortgage with maternity capital	Fixed interest rates. A ruble loan, the issuance of which provides for the purchase of housing in a new building or on the secondary market.	From 8%
Nomos Bank	Apartment, coupled with maternity capital	The purpose of the loan is to buy housing on the market using maternity capital. It acts as an initial investment.	From 12.25%
RegionFinance	Loan for maternity capital	Loan with a minimum set of documents. The term for consideration of the application is up to three days.	From 10% to 17%
Finance City	Loan for maternity capital	Loan with floating interest rate. Issued in rubles. Repayment period up to one year.	From 11% to 16%

Registration procedure

A loan for maternity capital is a procedure that is carried out in two ways:

• the use of capital as a down payment;
• take a loan (pay the first installment on your own), and close the rest of the debt with capital.

The procedure for applying maternity capital as a down payment:

• receive a certificate in your hands, which is a confirmation of the presence of maternity capital. Choose a form of housing that can be bought on a loan;
• draw up a sale and purchase agreement, visit the bank with the collected package of documentation;
• wait until the organization considers the application for a loan;
• after approval, a preliminary letter is issued. Together with him, you need to contact the Pension Fund so that the capital funds are transferred. In this case, it is required to request a certificate of the amount of capital;
• apply for a bank loan, provide the Pension Fund with copies of all mortgage documents.

To repay the principal and interest on it, you must follow the steps below:

• receive a certificate confirming the availability of maternity capital. Choose a home that can be purchased on a loan;
• contact the bank, request a certificate of the remaining loan amount and interest on it. A copy of the capital certificate must be attached to the application;
• apply to the FIU with an application for the transfer of capital to a bank account to repay a housing loan.

How not to fall for scammers

Today, you can get a loan for maternity capital not only in commercial banks or state-owned companies, but also in microfinance organizations. They specialize in issuing cash loans to the population.

In this case, the process of obtaining a loan is greatly simplified, since the borrower does not need to provide certificates of official income or pay a down payment.

However, such organizations often turn out to be scammers. In order not to fall into their trap, it is recommended to carefully approach the choice of organization.

You should not immediately agree to a loan to an individual from a legal entity, even if it offers the most favorable conditions.

To avoid getting scammed:

• before signing the contract, you must carefully read each line, pay attention to the fine print;
• study the size of the interest rate, the amount of loan insurance;
• try to find out as much as possible about the company. If possible, communicate with clients;
• Before signing the contract, do not give any documents.

Under maternity capital - a profitable solution for many families. The only thing to consider is the need to indicate the specific purpose of taking a loan.

Video: maternity capital loans

Hello! In this article, we will tell you whether it is possible to take a loan under maternity capital.

Today you will learn:

1. Is it possible to get a loan under the mat. capital;
2. Which banks issue such loans;
3. How is this type of loan processed?

With the help of such a tool as maternity capital, the state supports families that raise two or more children. Such payments have been made since 2007. Today we will discuss whether it is possible to get a loan under the funds of maternity capital.

Maternity capital loan: how legal is it?

We note right away: issuance of cash on the security of funds mat. capital is illegal. But there are lending programs that allow you to use it to varying degrees.

In addition, we clarify that the owner of the certificate cannot manage finances personally. The FIU is responsible for conducting and tracking all transactions. He also allows the use of funds or refuses to do so.

Until the FIU employees approve the loan transaction, it does not comply with the law. You will not be able to dispose of the funds without notifying the fund, since the money is in the accounts and only the PFR withdraws it from there.

The decision on whether the funds will be transferred is not made instantly, but within 1-2 months. In this regard, many banking institutions are not very fond of working with mate funds. capital.

Now consider the benefits of using these tools:

• Often such lending is the only way to improve living conditions;
• Availability of funds. capital allows you to speed up the settlement of debt obligations;
• When contacting a banking organization, you can count on receiving reduced interest rates, as well as other preferential offers.

Target loans for maternity capital

Not all loans can be repaid with mat. capital. Only such types of loans that are related to housing needs can be repaid with these funds.

Most often under the mat. capital is issued by the following loans:

• Target loans for construction and reconstruction of real estate.

Now let's talk about each such loan in more detail.

Mortgage credit lending

With family capital, you can pay the first installment or pay off the main debt.

This is available in many banking organizations, but they all impose a number of requirements on the borrower:

• Your income must be stable and confirmed;
• It is better if the credit history is good;
• You must have a certain amount of experience in your last job.

In this case, the FIU also imposes some requirements. The property you want to buy must have a certain status, be located on the territory of our country.

After the purchase, you must register it in the shared ownership of all family members, along with minor children.

Real estate loan

In this situation, everything is also coordinated with the FIU. For example, if you decide to buy a country summer house, the PFR specialists will definitely not approve such a deal. In addition, the level of wear of the selected object should not be more than 50%.

Targeted loan for construction or reconstruction

We note right away that the amount of family capital will not be able to cover all expenses. But still in the process of construction or repair is very useful.

In such a situation, there is one important nuance: the land on which you decide to build a house must be in your property, otherwise legal problems may arise.

If we talk about reconstruction, then at the expense of state funds it is possible only:

• Increase area;
• Attach rooms;
• Build a floor;
• Make an attic out of the attic room and so on.

It will not be possible to carry out major repairs at the expense of these funds.

Getting a loan without waiting for the child's 3rd birthday

Use mat. capital until your baby is 3 years old, perhaps, but only if you want to take out a mortgage loan, a loan for a house or an apartment.

Of course, the mortgage in this respect enjoys an undeniable advantage.

Repayment of consumer loans with family capital

Proposals to expand the list of permitted areas for the use of mat. capital are submitted to the State Duma on a regular basis, but none of them was adopted, all of them currently have the status of projects.

As for the regions, in some of them the opportunity to use mat. capital is somewhat wider. But this is where the region's money is being spent, and not from the federal budget.

For example, in some regions it is possible by means of a mat. capital to repay a loan that was taken to purchase large goods: furniture, expensive household appliances.

Also in the Smolensk region, it is allowed to use part of the family capital to repay loans for cars, but this is within the competence of the regional authorities.

Is it possible to take a cash loan under the funds of MK

There can be only one answer to this question - no!

Cash and family capital funds are incompatible and mutually exclusive concepts. When it comes to the targeted use of financial resources, only cashless payments are acceptable.

Those who are trying, using various fraudulent schemes, to cash out the checkmate. capital, facing criminal penalties. The minimum is a large fine together with the return of all cashed money, the maximum is more than 5 years in prison.

Even 2-3 years ago in microfinance companies it was possible to take a loan against a mat. capital. Since 2015, these transactions have been illegal. A decree to limit such operations was signed by the President.

This is a necessary measure, since the number of abuses in this area has increased on a catastrophic scale.

We take a loan under the mat. capital: step by step guide

In order to apply for such a loan, certain rules must be followed. All papers must be executed without errors, and the lending process itself is monitored by PFR specialists.

Approach the procedure responsibly, additionally clarify the following points in advance:

• The property that you buy will need to be registered for all family members, including children;
• It is impossible to repay a loan taken from an MFI with family capital;
• You can apply for a loan only if you are the mother of the child, his father or an official adoptive parent.

Questions about the issuance of such loans are decided on a purely individual basis. The banking organization wants guarantees for the repayment of the loan, and the PFR employees must be sure that the money is working towards a good goal - the living conditions of children will be improved.

Step 1. We are looking for a suitable banking organization and determine the type of lending.

In fact, not many banking organizations are currently ready to issue loans against mat. capital. This is primarily due to the economic situation that has developed in the state.

But approximately 10-12 banks have such financial products. A little further we will talk about them.

Your goal is to choose a loan that will be the most beneficial for you and your family.

We have already discussed the requirements that banking organizations impose, it is now worth mentioning the documentation package that you must collect. It is not universal, each bank may require different papers.

So you need to provide:

• Original and photocopy of certificate capital;
• A statement of your income for six months;
• Your passport;
• Documentation for the object you want to buy;
• A certificate confirming the income of the second spouse or close relatives, if they will act as co-borrowers.

Then contact the FIU. Although it is better to do this before you start looking for a bank.

Enlist the consent of the FIU in advance, this will save time.

Step 2. We coordinate the receipt of a loan with the Pension Fund.

If this has not been done before, then do it now. Without the approval of the FIU, the transaction will still not take place.

Provide fund specialists with:

• The passport;
• Documents confirming the birth of children;
• Account details for transferring funds;
• Certificate.

And most importantly, the statement. You fill it out in the PFR department, then in the prescribed form.

Step 3. We draw up a loan.

In the process of drawing up the contract, clarify the information on interest rates, find out all the incomprehensible points, carefully study each page of the contract.

Reading diagonally here will do a disservice, you need to read very carefully. Especially everything that is written in small print, placed in notes and so on.

Step 4. We carry out transaction insurance.

This is required by almost every bank. For some, it is enough that there will be only insurance against loss of a job, others require a full range of insurance.

Step 5. We fulfill the terms of the contract.

Your responsibility is to consistently make deductions and avoid delays. In this case, the banking organization will treat you much more loyally.

What is more profitable to get: a regular loan or a mortgage loan

Everything will depend on how much you need. If it exceeds 500,000 rubles, then it is better to opt for a mortgage loan.

Also pay attention to monthly payments.: their size should not be more than 30-40% of your income.

An important point is that real estate purchased with a mortgage is accompanied by an encumbrance. This means that various manipulations with it are limited until the loan is repaid.

If you look at the level of overpayment, it is more profitable to issue a regular loan. For him, it is about 50%, for a mortgage it can be all 250%.

Do banks give maternity capital loans?

Not all banking organizations are ready to work with maternity capital funds. We propose to consider those that have a high reliability rating and continue to issue loans under the MK.

First of all, here is a list of them:

• Rosselkhozbank;
• Sberbank;
• VTB 24;
• Alfa Bank;
• Sovcombank;
• Deltacredit;
• Opening;
• Unicredit.

The terms of lending are presented in the form of a table.

Name of the banking organization	financial product	Rate in %
Rosselkhozbank	Mortgage loan under funds mat. capital	From 10.25%
Sberbank	Mortgage + mat. capital	From 13.5%
VTB 24	Mortgage + mat. capital	From 12.0%
Alfa Bank	Home Improvement Program	From 13.0%
Sovcombank	Mortgage + mat. capital	From 13.9%
Deltacredit	Special program "Maternity capital"	From 12.0%
Opening	Apartment + mat. capital	From 13.0%
Unicredit	Mortgage + mat. capital	From 12.5%

How to get a loan under mat. capital without income statement

This option is available if you wish. Agree, there are various reasons why it is not possible to provide an income certificate.

Among them are:

• You have a regular, but not official income;
• You are a freelancer (in this case, you simply have no one to get a certificate from);
• You do not want to confirm your income through the Federal Tax Service.

A banking organization may well issue a mortgage, taking into account the funds of the mat. capital, if the borrower is a single mother who pays the first installment with family capital.

This, by the way, is quite a profitable option. In particular, this can be done by contacting Sberbank.

As supporting documents, it will be enough for you to present a certificate for the mat. capital and a certificate from the Pension Fund, which confirms the availability of funds in your account.

The only thing is that the loan rate in this case will be slightly higher than the base one.

Conclusion

At the end of today's conversation, we note that loans against mat. capital is an affordable financial instrument for certificate holders who want to spend money on improving family living conditions.

I would also like to give a little advice: apply for a loan only after you have fully studied all the nuances, interest rates, and most importantly, the terms of the contract. Of course, ideally, it is better to consult on this topic with professionals who can explain all the points you do not understand.

“An employee asked to give her a loan to buy an apartment with subsequent repayment at the expense of maternity capital. The director agreed and told me to arrange everything. What is needed for this? Help!" There are a lot of similar requests both in our editorial mail and on accounting forums. Therefore, we decided to consider this issue from all sides.

Can an ordinary organization issue such a loan?

Yes, it is quite. The Law on Maternity Capital says that a loan for the purchase (construction) of a residential building can be issued by any organization, and not just by a bank. Accordingly, the only limitation is that maternity capital cannot be used to repay a “housing” loan taken from an individual, including an entrepreneur Part 6.1 of Art. 7 of the Law of December 29, 2006 No. 256-FZ.

Some territorial bodies of the PFR explain that the charter of the organization that issued such a loan, or an extract from the Unified State Register of Legal Entities, should indicate that the issuance of loans is among the types of activities that the organization is entitled to conduct. However, such a requirement is illegal.

What should be the loan agreement?

The contract is in writing and must be target m paragraph 1 of Art. 814 of the Civil Code of the Russian Federation. That is, it should be stated in it that the loan is provided for the acquisition (construction) of residential premises. And not some abstract, but concrete. This is necessary, first of all, for an employee who takes a loan for maternity capital. Here is what the FIU specialist explained to us.

FROM AUTHENTIC SOURCES

Head of the Department for the organization of social payments of the Department of the Pension Fund of the Russian Federation for Moscow and the Moscow Region

“When sending maternity capital funds to repay the principal debt and pay interest on loans for the purchase (construction) of residential premises to the territorial body of the Pension Fund of the Russian Federation, along with an application for the disposal of these funds and Appendix 1 to the Rules, approved. Order of the Ministry of Health and Social Development of December 26, 2008 No. 779n required documents are also submitted sub. "c" clause 7 of the Rules, approved. Order of the Ministry of Health and Social Development of December 26, 2008 No. 779n. Among them, in particular, a loan agreement and a certificate of state registration of ownership of residential premises purchased or built with borrowed funds. clause 13 of the Rules, approved. Decree of the Government of December 12, 2007 No. 862.

The submitted agreement must contain information about the purpose of the loan, namely, the acquisition or construction of residential premises. In addition, to verify the targeted direction of maternity capital funds, the contract specifies:

• type of residential premises to be acquired - a residential building (part of it), an apartment (part of it), rooms a Part 1 Art. 16 of the Housing Code of the Russian Federation;
• its address and parameters such as the number of rooms and the total area of ​​the dwelling.

If it is impossible to establish from the submitted documents for the acquisition (construction) of which residential premises the maternity capital funds are directed, the territorial body of the PFR has the right to refuse to satisfy the application for the disposal of these funds and ".

Here's how it might be worded in a contract.

1. THE SUBJECT OF THE AGREEMENT

1.1. The Lender transfers to the Borrower funds in the amount of 500,000 (Five hundred thousand) rubles (hereinafter referred to as the Loan Amount), and the Borrower undertakes to repay the Loan Amount to the Lender in the manner and terms established by the Agreement.

1.2. The loan amount must be used by the Borrower to purchase, under a contract for the sale of residential premises (apartments), located at: Bryansk region, Dyatkovo, st. Lenina, d. 113, apt. 3, with a total area of ​​30 sq. meters, consisting of 1 rooms, contractual cost 575,000 (Five hundred and seventy-five thousand) rub.;

Samples of various target loan agreements can be found: section "Document Forms" of the ConsultantPlus system

Also, the agreement should indicate the possibility of repaying the loan at the expense of maternity (family) capital transferred from the PFR body to the organization's settlement account. After all, if the employee’s application for the allocation of maternity capital funds to improve housing conditions is satisfied, the PFR authority will transfer this money directly to the current account of your organization clause 16 of the Rules, approved. Decree of the Government of December 12, 2007 No. 862. Therefore, it is necessary that it be clear from the contract why the money to repay a loan issued to an individual comes from someone else. The terms of the contract can be formulated as follows:

The loan amount (part of the loan amount) can be returned to the Lender by transferring maternity (family) capital funds to its current account by the PFR authority.

What should be the loan: interest-bearing or interest-free?

This is at the discretion of your management. Let's look at both options, and you draw your own conclusions.

OPTION 1. A loan without interest or at interest that is less than 2/3 of the refinancing rate. You include the interest accrued under the agreement on a monthly basis in income subject to income tax. And if your organization uses simplified taxation, then interest is taken into account in income as they are paid by the employee. paragraph 6 of Art. 250, paragraph 1 of Art. 346.15 of the Tax Code of the Russian Federation.

TELLING THE EMPLOYEE

If the acquired residential premises were entirely purchased at the expense of maternity capital, then the property deduction for personal income tax for this housing is not allowed sub. 2 p. 1 art. 220 Tax Code of the Russian Federation.

However, under Option 1, the worker benefits from savings on interest, which will add more work to you. After all, you will have to calculate, withhold and transfer personal income tax from material benefits at a rate of 35% to the budget paragraph 2 of Art. 224 Tax Code of the Russian Federation, which means that it will be necessary to keep additional records and fill out a separate section of the 2-NDFL certificate. The date of receipt of income in the form of material benefits from savings on interest is considered:

• <если>interest-free loan - the date of actual repayment of the loan (its part) Letter of the Ministry of Finance dated February 27, 2012 No. 03-04-05 / 9-223;
• <если>loan at interest less than 2/3 of the refinancing rate - the date of interest payment in sub. 3 p. 1 art. 223 of the Tax Code of the Russian Federation.

Recall that the fact that the loan is interest-free should be directly stated in the contract. Otherwise, the loan will be considered granted at interest. paragraph 1 of Art. 809 of the Civil Code of the Russian Federation in the amount of the refinancing rate effective on the day the borrower pays the amount of the debt or part thereof.

However, these difficulties can be avoided if the employee, before he begins to repay the loan, brings to the accounting department from his IFTS a notice approved Order of the Federal Tax Service of December 25, 2009 No. MM-7-3 / [email protected] on confirmation of the right to property deduction. In this case, the material benefit from the employee do not arise sub. 1 p. 1 art. 212 Tax Code of the Russian Federation regardless of the size of the deduction due to him (at least 100 rubles.) Letter of the Ministry of Finance dated 19.01.2012 No. 03-04-06/9-9.

If the employee brings this notice after the repayment of the loan (its part), then it is not necessary to recalculate the previously paid personal income tax, and this was confirmed to us by a specialist from the Ministry of Finance.

FROM AUTHENTIC SOURCES

Deputy Head of the Department of Personal Income Taxation of the Ministry of Finance of Russia

“Indeed, in this case, the organization should not recalculate the previously paid amount of personal income tax from income in the form of material benefit, since this amount of tax is not unduly withheld. Accordingly, the tax agent should not return it on the basis of a written application by the employee and paragraph 1 of Art. 231 of the Tax Code of the Russian Federation” .

To return the overpaid personal income tax, the employee will have to contact his tax office at the place of residence and Letter of the Ministry of Finance dated 13.04.2011 No. 03-04-06/6-87.

OPTION 2. Loan at interest exceeding 2/3 of the refinancing rate. At the moment it is above 5.5% per annum (8.25% Instruction of the Central Bank of September 13, 2012 No. 2873-U x 2/3).

In this case, the employee does not receive material benefits. sub. 1 p. 1, sub. 1 p. 2 art. 212 Tax Code of the Russian Federation and all the accountant's concern is to take into account interest under the agreement in income taxable on income or tax under the simplified taxation system paragraph 6 of Art. 250, paragraph 1 of Art. 346.15 of the Tax Code of the Russian Federation. As you can see, taking into account such a loan is very simple.

Read more about employee compensation for interest on housing loans:

If the employer does not initially aim to receive interest from the employee for the use of money, but at the same time does not want to burden the accountant with unnecessary work, then he can conclude a loan agreement at interest exceeding 2/3 of the refinancing rate, and after repaying the loan by the employee, order to reimburse him for the paid interest. The refund amount will be:; sub. 14 p. 1 art. 20.2 of the Law of July 24, 1998 No. 125-FZ.

Much of what has been said is also applicable to a situation where a maternity capital loan is issued to a non-employee of the organization. The only point: if he has a material benefit, then you may not be able to withhold personal income tax from him. Therefore, you will have to report this to your inspectorate no later than January 31 of the year following the year in which the material benefit occurred. paragraph 5 of Art. 226 Tax Code of the Russian Federation by submitting a certificate 2-NDFL approved Order of the Federal Tax Service of November 17, 2010 No. ММВ-7-3/ [email protected] . In it, in the "sign" field, you must specify the number 2 (means that the certificate is submitted due to the inability to withhold personal income tax sec. II of the Recommendations for filling out the 2-NDFL form ... (attachment to the 2-NDFL form, approved by Order of the Federal Tax Service of November 17, 2010 No. MMV-7-3 / [email protected]) ), in section 3 - only the income from which tax is not withheld, and in section 5 - the amount of tax not withheld. We also recall that the repaid loan should not be included in the income of the organization sub. 10 p. 1 art. 251, sub. 1 p. 1.1 art. 346.15 of the Tax Code of the Russian Federation.

And finally, we want to inform you about this. When the issue was going to press, it became known that the Government intends to consider a bill limiting the list of organizations from which maternity capital funds can be used to repay loans.

It is assumed that this list will include only credit organizations, microfinance organizations, credit consumer cooperatives. This does not exclude the possibility of directing maternity capital to repay loans provided by other organizations, but on condition that such a loan is secured by a mortgage.

How to get a targeted loan for maternity capital without waiting 3 years? How to get a loan under mat capital in 2018? Is it legal to get a cash loan against family equity?

We welcome our readers to the HiterBober.ru portal! Dmitry Shaposhnikov is with you!

The topic of the next publication is a loan of money for maternity capital. The article will be useful to mothers, family people and all those who wish to improve their financial literacy.

So let's go!

1. A loan for maternity capital: the legality of the transaction and the features of the procedure

Options for using maternity capital (MC) funds for the specific needs of the family are quite numerous. The state makes it possible to spend funds on improving housing conditions, invest them in education, and transfer them to the account of a future pension.

Here we will consider all the options for loans for maternity capital, which are provided to citizens by financial institutions.

What is a home equity loan

A maternity capital loan is a type of loan that a bank (or other financial institution) issues to the owner of a maternity capital certificate. Funds from mother capital are used to make a down payment on a loan or repay its main part.

The Pension Fund is engaged in the transfer of funds - it is this organization that decides all questions about the use of family capital. If the FIU issues approval for a loan, the issue is half resolved - the owner of the certificate can safely look for a bank to conclude a loan transaction.

Are such financial transactions legal?

Until the operation is approved by the Pension Fund, it will not be considered legal. You cannot use tools to bypass this structure. It is hardly possible at all - after all, the money is stored in the PFR in public accounts, and it is possible to withdraw it from there only with the permission of the organization itself.

Each such transaction involves 3 parties:

1. Certificate owner.
2. Pension Fund.
3. Financial company (bank).

The final word always rests with the employees of the Foundation. This structure may refuse to pay the loan to the applicant and the credit company for various reasons - incorrect execution of the application, errors in documents, inappropriate nature of the loan.

The purpose of the loan is decisive. The issuance of public funds is carried out mainly for the acquisition, reconstruction and construction of housing. It may take 2-3 months for the Pension Fund to make a decision to transfer funds to a bank.

It is not easy for many families to get a positive decision on issuing a loan, since not only the PFR, but also the banks themselves put forward certain requirements for borrowers - the presence of a stable income, an official salary and an impeccable credit history.

But when an agreement is reached, the owner of the certificate receives numerous advantages in the form of a long loan repayment period and a low interest rate. Some banks have special programs that support large families and issue mortgages and other housing loans on favorable terms.

Latest news about maternity capital:

President Putin proposed to the government to extend the maternity capital program until 2022. Moreover, he initiated monthly payments from maternity capital to needy families until the child reaches the age of 1.5 years.

Among other innovations is the possibility of paying from public funds for services for supervision and care in preschool institutions for children under 3 years old.

Video on this topic:

2. Is it possible to urgently get a loan for mat capital without waiting 3 years?

By law, MK funds can only be used after the child reaches 3 years of age. But not all parents are aware that there is an exception to this rule.

It is quite possible to use maternity capital before reaching the age of three years - in the event that we are talking about mortgage loans or loans for the purchase (construction) of housing.

In this regard, a mortgage has an undeniable advantage over other types of loans. Since 2015, it has been allowed not only to repay a previously taken mortgage loan, but also to make an initial contribution to the mother's capital, without waiting for the baby's three years.

Example

The family has mortgage debt for 15 years. 5 years after the start of payments, they have a second child. Parents can, immediately after registering the maternity capital, start it to repay this mortgage loan.

By early repayment of housing loans with the help of state subsidies, families get rid of debts earlier and move faster to new apartments and houses. This practice of repaying loans is especially relevant for families with housing problems.

Please note that only the principal and interest on it can be repaid with the capital capital.

It is strictly forbidden to pay fines for delay and penalties with maternity capital.

It is also not necessary to use the entire amount of mat capital to pay off debt.- you can leave a part for the future, especially family benefits are subject to annual indexation.

3. For what purposes can I take a loan against family capital - options for improving housing conditions

Banks and other financial institutions issue targeted loans for family capital only if they are used to improve housing conditions.

A few general provisions regarding loans under maternity capital:

• taking a loan for the purchase of real estate involves the registration of an apartment in the common property of parents and all children;
• payment of a loan for the purchase or construction, taken before the birth of the second child, is available;
• since 2015, it is prohibited to repay debts to microfinance organizations, regardless of the purpose of the loan;
• you can take a loan to the mother, father of the child, as well as his official adoptive parent.

Certificate holders have access to unique and exclusive lending programs offered by specific Russian banks. However, in any case, the issue of issuing a loan is decided on an individual basis.

Below are all options for loans secured by maternity capital. The choice of one or another method depends on the goals and capabilities of the family.

Loan to buy or build a house

Some banks give loans or mortgages for the purchase of a house, dacha, cottage. Basically, such services are needed by residents of rural areas or townspeople who want to live in their own home.

All the details about this type of lending are described in a separate publication - "".

In this material, we will consider all types of lending as part of a general overview.

There are 2 types of home loans:

• making a down payment for the house from the mother's capital;
• repayment of principal on a loan.

Both options involve the full or partial use of funds provided by the state certificate.

You can learn a loan to build a house, however, in this case, obtaining permission from the pension fund will take more time and moral strength from the holders of the certificate.

Representatives of the FIU need to make sure that future housing will meet all the requirements of convenience and reliability, and that the loan issued by the bank will go specifically to the needs of construction.

Loan to buy an apartment

According to the Pension Fund, this is the most common type of family money loan. Most large Russian banks are willing to work with maternity capital when it comes to buying a primary home.

Borrowers have the right to make a capital contribution in the form of a down payment or use it as a means of reducing the interest rate and repaying the principal debt.

Requirements for borrowers in different banks differ in the set of documents, types of insurance, and loan terms. The owner of the certificate has the right to choose the most beneficial option for himself and use state support to significantly improve housing conditions.

More detailed material on this topic is in the article "".

In addition to buying and building, families have the legal right to use maternity capital funds for other housing needs.

In particular on:

• housing reconstruction;
• recovery;
• expansion of the area of ​​a private house.

At the same time, the correct execution of this procedure is of paramount importance: all work related to the reconstruction must be documented and confirmed.

Important nuance

It will not be possible to carry out a major overhaul with the help of public funds (replace plumbing, re-paste the wallpaper and finish the facade). The law does not provide for the allocation of mother capital for these needs.

We are talking only about the reconstruction of housing - carrying out construction work aimed at radically improving the current technical indicators of housing and increasing the efficiency of the premises.

In other words, with the help of a loan for mother capital, you can change the dimensions of the room, increase the usable area, build extensions and add-ons, make an additional floor in a private house, convert the attic into an attic, etc.

It is possible to launch family capital funds for such work only after the child's third birthday. In principle, the reconstruction can be completed before this date, and after three years, compensation can be requested, but in this case, such a decision must be agreed with the FIU in advance, and all work must be documented.

4. What is the procedure for obtaining a loan for maternity capital

To successfully carry out the loan procedure, you need to act in strict accordance with the existing rules for processing such financial transactions.

Both PFR employees and bank employees are very attentive to the documents and the procedure for conducting transactions with family capital, so parents should approach the issue of obtaining a loan as responsibly as possible.

Step 1. Collection and execution of documents in the Pension Fund

The first thing to do is to apply to the Pension Fund for permission to borrow. It is this organization that makes the final decision, therefore, before negotiations with the bank, all issues regarding the PFR must be resolved.

The standard list of documents looks like this:

• the certificate for mother capital itself;
• documents proving the identity of the owner;
• a copy of the loan agreement, if we are talking about the repayment of an existing loan or mortgage loan;
• birth certificates (adoption) of all children of the family;
• application for the use of MK for a loan.

The same papers (plus income statements) will be needed to draw up a banking agreement, so it’s better to make several copies at a time.

On the HeatherBober website there is a separate article about how, according to all the rules.

Step 2. Selecting a financial institution

During the crisis, some banking organizations have suspended the issuance of loans for mother capital, but the largest participants in the domestic financial sector continue to issue loans to families with 2 or more children.

Banks offer dozens of different financial products related to the use of maternity capital. The task of the certificate holder is to choose the most profitable loan option for himself.

Interesting programs are offered by: Sberbank, VTB 24, Bank of Moscow, Unicredit, DeltaCredit and some others.

The table below shows the favorable programs of domestic banks and interest rates on them

Step 3. Drawing up an agreement with the bank

It is important for the bank that the borrower has a stable income, a permanent official job, and a clean credit history. If the income of the owner of the certificate seems insufficient to the bank employees, they may insist on the participation in the transaction of a co-borrower - a second parent or a direct relative with a high income.

All sources of income must be documented - you should take care of certificates from work from the accounting department and other documents confirming your financial solvency in advance.

When drawing up a contract, pay attention to the monthly interest rate and the total term of payments on the mortgage.

Step 4. Deal insurance

In almost all banks, a prerequisite is loan insurance. For some institutions, insurance in case of loss of a job (the main source of income) is sufficient.

Other organizations insist on life insurance for the owner of the certificate and property insurance in case of damage, natural disasters and other force majeure situations.

Step 5. Fulfillment of credit conditions

Stable deductions and compliance with the terms of the loan are the key to a loyal attitude towards the client of bank employees. Try to avoid delays, as this is punishable by sanctions in the form of penalties and fines.

Experts advise not to use all maternity capital at once when repaying a loan, but to leave about a third in case payments are suspended for some reason.

5. FAQ - answers to frequently asked questions

And now answers to the most frequent questions of certificate holders.

Is it possible to get a cash loan under mat capital?

Alas, cash and maternity capital are incompatible concepts. Only one-time payments are available to parents, which the state provided to certificate holders in 2015 and 2016 (20 thousand rubles and 25 in the form of a repayment).

Banks, private companies or private entrepreneurs who promise to help you cash out your mother's capital for a commission are outside the scope of Russian law. In other words, these are scammers who want to take over your assets.

Can I get a personal loan?

In some regions (for example, in Mordovia or the Ivanovo region), such loans are possible, but in the main part of the Russian Federation, bank loans for consumer needs are not issued.

However, the mother capital program is in constant development. It is possible that in the future it will be possible to use family money to buy furniture, household appliances and electronics.

Which is better - a loan (credit) or a mortgage?

The answer to this question depends on the amount that the borrower requires. If we are talking about an amount of more than 500,000 rubles, then mortgage loans are more appropriate than conventional loans.

The monthly payment amount also matters. It should not exceed 30% of the total income of the borrower. The loan term is usually limited to 1-5 years, a mortgage can be taken for 15-30 years.

Another nuance: a mortgage loan is accompanied by an encumbrance on property. This means that there are a number of restrictions on the use of real estate until the full payment of the mortgage.

Violation of the established points entails sanctions on the part of the credit institution up to the termination of the contract and the requirement to repay the loan ahead of schedule.

As for the overpayment on loans, in view of the long maturity of the debt, mortgages are less profitable. If making a loan, you overpay a maximum of 50%, then for mortgage loans this figure can be 100% and even 200%.

In which financial institutions can a transaction be executed?

Dozens of Russian banks work with maternity capital. All of them offer, if possible, unique products that are beneficial for young or large families.

Transactions are executed directly in these financial institutions with the participation of the Pension Fund. Both structures (the bank and the FIU) monitor the legal purity of the transaction.

Is it true that MFIs are banned from issuing maternity capital loans?

Truth. The law prohibiting such companies from working with family capital was personally signed by the President of the Russian Federation. The need for such a step is caused by abuses by MFIs related to illegal attempts to cash out maternity capital.

There is a joyful event in the family of Alexander and Elena: the second child was born - a son, and now the parents have twice as many worries. As you know, since January 1, 2007, the state has been actively encouraging such conscious citizens as our heroes, rewarding them with a solid sum of money (in 2014 - about 430 thousand rubles). But, as you know, you can get the coveted capital only when the child is 3 years old. But what if you need money now? Is it possible to get a loan for maternity capital and is it legal? What does the state allow the allocated amount to be spent on?

To answer all his questions, Alexander signed up for a consultation with a lawyer, and here are the actual answers received to his questions.

What is maternity capital?

Family capital, which is also called maternal capital, is a fixed amount of budget support allocated at the birth of a second child and subsequent children from Russian citizens, starting from 01/01/2007. All legal nuances were regulated by the Federal Law of December 29, 2006 N 256 "On additional measures ...". To receive funds, a special personalized certificate is required, which is issued to the parent (in some cases, to the guardian). This document is submitted to the territorial body of the Pension Fund with an appropriate application.

What are the options for using family capital?

1. (improvement of living conditions);
2. Payment for education for the child;
3. Accounting (the most unpopular form).

When can maternity capital be used?

As a general rule, money is available only when the child reaches 3 years of age. But if we are talking about repaying a loan (interest on it) for the purchase or construction of housing, paying the first installment, then the certificate can be used at any time - at the request of the parents.

How legal is it to take a loan against family capital?

The question of the legal purity of the procedure still remains open. The literal interpretation of the legislation leads to the idea that money can only be used to improve living conditions (and only for or at home, but not for improving facilities). Pure "cashing out", even when it comes to urgent needs, is not legal. Accordingly, using any loopholes offered by "craftsmen", the parent runs the risk of falling under a criminal article and incurring serious responsibility. And most importantly - to lose the money received in this way.

By the way, young families have a legal right to, which is at least 30% of the cost of the apartment being purchased.

How is a home equity loan provided?

At the moment, the issuance of funds is carried out only for needs related to the improvement of living conditions (participation in the shared construction of an apartment, the acquisition of real estate,). Young parents have two ways to use the resources of the state - contact a bank or a financial institution.

What documents are required to receive funding?

To obtain a loan (credit), the following documents are required:

• Certificate for receiving family capital;
• A document confirming the identity of the person to whom the certificate was issued (mother);
• Certificate from the Pension Fund of the Russian Federation on the balance of capital funds;
• Application to the FIU on the disposal of financial capital.
• A document confirming the identity of the spouse of the owner of the certificate;
• Marriage certificate;
• PFR certificate;
• Birth certificates of children;
• A complete package of documents for the purchased property.

When applying for a loan, a loan for maternity capital, it can be used to pay the first installment, repay interest and principal, as well as a mortgage loan.

What is the procedure for applying for a home equity loan?

1. Submission of documents and conclusion of an agreement. The entire package of papers is transferred to a financial institution, with which an agreement is signed for the provision of services in the course of further work.
2. Receiving money. The financial resources that should be spent on resolving the issue with the developer (seller of the object) are transferred to the applicants' current account, and from there to the final addressee.
3. Transfer of documents to the FIU. A contract for the sale of real estate and a loan agreement concluded with a financial institution are transferred to the territorial body.
4. Reimbursement to the lender. Not later than within three months, the funds are transferred to the creditor (the organization acting in his capacity), and the encumbrance is removed from the acquired property.

As a rule, the borrower pays interest for the time the funds are used, while the FIU decides whether to satisfy the application of the certificate holder. This amount is within 5-15% of the total amount of funds raised, which is acceptable for a family. In cooperation with banks, funds are not transferred to the owner of the certificate, and all settlements are performed between legal entities.

So, the scheme looks rather complicated and confusing, since the provision of the loan amount is not entirely clear. After all, a certificate is a nominal document, and only the owner can receive money on it, and only for the needs specified in the law. But in fact, the burden is imposed on the object, which serves as a pledge. Nevertheless, thousands of people have already tried this option for obtaining a loan, and all of them were satisfied (to one degree or another) with such cooperation.

Important: The following methods of cashing maternity capital are illegal, their use may result in criminal penalties. They are given as an example of how it is impossible to use funds received from the state for the birth of a second child.

Options for fraud when applying for a loan for maternity capital:

• Real purchase with a "fictitious" sale. Some organizations offer the return of part of the maternity capital when buying real estate at a clearly inflated price (this is especially true for the regions). As soon as the transaction is completed and the certificate is cashed, young parents are denied a refund or their share is significantly reduced, and they are left alone with the property. Of course, a rare deceived parent will go with a statement to the police, because he actually became an accomplice in the crime.
• Trusting relatives. Several facts of fraud were revealed when fictitiously buying real estate from relatives, if the surnames are different. Buying an apartment or house at an inflated price in order to cash out money, you can quarrel forever when sharing finances, and gullible "sellers" can be left without real estate and without money.

• Withdrawal of the certificate. Certain gullible citizens simply sell their document or transfer it without payment - under the "guarantee" of remuneration in the future. Using various cashing schemes, in the future, attackers can either leave a person without money, or offer a very modest payment - in the amount of 50-100 thousand rubles.

Is it possible to get a loan for maternity capital for consumer needs?

Perhaps, this question worries everyone who can theoretically fall under the state support program. And, if desired, such proposals can be found on the Internet - there are dozens, if not hundreds. As you might guess, the money settles with the owner of the certificate, not reaching the owner of the property. In fact, a fictitious transaction for the acquisition of an object is concluded, when none of the parties intends to fulfill their obligations.

In this case, the owner of the certificate receives 30-70% of the amount of maternity capital, and not its entire amount. But - we especially emphasize - this option is illegal, and in the practice of Russian law enforcement agencies there have already been cases of massive prosecution of citizens.

An analysis of the legislation shows that it is possible to “cash out” the funds allocated as family capital, but this can be regarded as an abuse of one’s right. Therefore, the legalization of a loan is possible only with the improvement of living conditions, and there are several options, including on. We cannot dissuade you from cooperation with microfinance organizations, however, we recommend that you carefully evaluate your prospects when working with them.