10.8.2. For the acquisition of homes by young people in rural areas
15 per 100 of the amounts paid in the period in question for the acquisition or rehabilitation of the home that will constitute the taxpayer's habitual residence in the territory of the Community of Castilla and Leon. The deduction will also be applicable to cases of construction of the habitual residence, when the taxpayer directly pays the expenses derived from the execution of the works, or delivers amounts on account to the promoter, provided that they are completed within a period of no more than four years from the beginning of the investment.
The concept of housing rehabilitation for these purposes is that included in article 20.Uno.22.B of Law 37/1992, of December 28, on the Value Added Tax. Building rehabilitation works are those that meet the following requirements:
- That its main object is the reconstruction of the same, this requirement being understood to be fulfilled when more than 50 percent of the total cost of the rehabilitation project corresponds to works of consolidation or treatment of structural elements, facades or roofs or with works analogous or related to them. those of rehabilitation.
- That the total cost of the works to which the project refers exceeds 25 percent of the acquisition price of the building if it had been carried out during the two years immediately prior to the start of the rehabilitation works or, in another case, of the market value of the building or part of it at the time of said beginning. For these purposes, the proportional part corresponding to the land will be deducted from the acquisition price or the market value of the building.
Requirements
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That the taxpayer has his habitual residence in the Community of Castilla y León and that on the date of accrual of the tax he is less than 36 years old.
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That it is his first home. It is considered that the taxpayer acquires his first home when he does not have or would have had any right of full ownership equal to or greater than 50% over another home.
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That the home is located in a town (municipality) of the Community of Castilla y León, excluding those that exceed 10,000 inhabitants, or those that have more than 3,000 inhabitants and that are less than 30 kilometers from the capital of the province.
This requirement must be met at the time of the acquisition or rehabilitation of the home. In the case of construction, it must be met at the time the first payment of the expenses derived from the execution of the works is made or, where applicable, the first delivery. of amounts on account to the housing developer.
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That the home has a value, for the purposes of the tax levied on its acquisition, of less than 135,000.00 euros for purchases made after January 1, 2016.
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That it is a newly built home or a rehabilitation qualified as a protectable action in accordance with the corresponding state or regional housing plans. A newly built home is considered one whose acquisition represents the first transfer thereof after the declaration. of new construction, as long as three years have not passed since it. Likewise, it is considered a newly built home when the taxpayer directly pays the expenses derived from the execution of the works.
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That the acquisition or rehabilitation of the home occurs as of January 1, 2005.
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That the total tax base, less the personal and family minimum, does not exceed 18,900 euros if taxation is individual or 31,500 euros if it is joint taxation. This requirement will be controlled by the program.
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The application of the deduction will require that the verified amount of the taxpayer's assets at the end of the taxation period exceeds the value that its verification showed at the beginning of the period, at least by the amount of the investments made, in accordance with the requirements established in general in the regulations of the Income Tax of Physical Persons.
Maximum base of the deduction
The maximum base of this deduction will be 9,040 euros per year, and will be constituted by the amounts paid for the acquisition or rehabilitation of the home, including the expenses incurred that have been borne by the purchaser and, in the case of third-party financing, the amortization , the interests, the cost of risk hedging instruments for the variable interest rate of mortgage loans regulated in the nineteenth article of Law 36/2003, of November 11, on Economic Reform Measures, and other expenses derived from the same. In the event of application of the aforementioned hedging instruments, the interest paid by the taxpayer will be reduced by the amounts obtained by applying the aforementioned instrument.
Loss of the right to deduction
When in tax periods subsequent to their application the right is lost, in whole or in part, to the deductions made, the taxpayer will be obliged to add the amounts unduly to the autonomous liquid quota accrued in the year in which the requirements were not met. deducted, plus the late payment interest referred to in article 26.6 of Law 58/2003, of December 17, General Tax.
Completion
The window will reflect the amounts paid with the right to deduction.
In the case of marriage when the amount paid corresponds to the spouses in equal parts, 50% of the total amounts paid by both will be reflected.
List of populations excluded from the application of the deduction