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Form 100. Personal Income Tax Declaration 2019

Rents and charges

This heading includes the expenses incurred for the rental of movable or immovable property, as well as the amounts paid for the right to use patents, trademarks and other manifestations of industrial property.

Considerations paid to other members of the family unit (art. 30.3 Law)

When the spouse or minor children of the taxpayer who live with him make transfers of assets or rights (provided they are not assets or rights common to both spouses) that serve the purpose of the business activity, a deduction may be made to determine the income. of the activity the stipulated consideration, if it does not exceed the market value. In the absence of stipulated consideration, the market value may be deducted.

The consideration or market value will be considered capital gains of the spouse or minor children for all tax purposes.

Financial lease contracts

A specific tax regime is established for financial leasing contracts in which the following requirements are met:

  • That the lessor is a credit institution or a credit financial establishment. 
  • That they have a minimum duration of 2 years when they concern movable property and 10 years when they concern real estate or industrial establishments.
  • That the financial leasing installments appear expressed in the respective contracts, differentiating the part that corresponds to the recovery of the cost of the asset by the leasing entity, excluding the value of the purchase option and the financial burden required by it, all without prejudice to the application of the corresponding indirect tax.
  • That the annual amount of the part of the financial leasing installments corresponding to the recovery of the cost of the asset must remain the same or increase throughout the contractual period.

Once these requirements have been met, it will be possible to deduct:

  1. The entire portion of the installments corresponding to the financial burden paid to the leasing entity is considered a tax-deductible expense.
  2. The part of the financial lease payments paid to the leasing entity that corresponds to the recovery of the cost of the asset is considered a deductible expense with the following two limitations:
    1. The deductible amount may not be higher than the result of applying to the cost of the asset twice the maximum linear depreciation coefficient according to the officially approved depreciation tables (the coefficient will be multiplied by three in the case of taxpayers who have the tax status of a reduced dimension).
    2. In the event that the object of the contract is land, plots and other non-amortizable assets, this part of the fee does not constitute a deductible expense. In the event that such a condition exists only in a part of the asset that is the object of the operation, only the proportion that corresponds to the elements susceptible to amortization may be deducted, which must be expressed differently in the respective contract.