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Form 100. 2020 Personal Income Tax Return Declaration

7,3,7,1. Lease

Included in this section are properties that during the year have been leased, subleased or transferred to third parties or when the owner has received income from the constitution or transfer of rights or powers of use or enjoyment of the property (usufruct).

In the event that the property had other uses during the year, they will also have to be marked and reflect the additional data requested.

Remember that in the incorporation only the identifying data of the leased properties are transferred. The income and expenses must be completed in the declaration itself; In the summary of the declaration, a "Pending" will appear in the real estate capital returns box and by clicking on it you can enter the data related to the lease.

In the "Additional information" window you will enter:

Lease details

  • Lease type: You will have to reflect key 1 (with a 60% reduction) or 2 (without a 60% reduction) depending on your case. If during the year you had several Type 1 lease contracts, or Type 1 leases and Type 2 leases, the program allows you to register a lease and enter all the data related to it; Next, by clicking “Register Lease” you will register the other rental and enter all the data relating to it.
  • The total number of days that the property was rented in 2020.
  • Number of days this lease lasts in 2020. This information will be transferred by the program to the "Depreciation of the property" window
  • The date of the lease contract only for leases (Type 1) (if the contract date was prior to the acquisition date, the acquisition date will be entered as the contract date).
  • The NIF of the tenant/s, or, where applicable, the identification number in the country of residence, must be completed only for leases with the right to a 60% reduction (Type 1). A maximum of three lease contracts may be captured each year for each of the properties and 3 tenant IDs for each of the three contracts.

Full income and deductible expenses

For each property the income derived from it and the amount of the will be recorded. expenses necessary to obtain those returns. However, when during the year the property has had, among other cases, leases with the right to a 60% reduction and without the right to it, or several lease contracts with the right to a 60% reduction, or leases to family members and for other tenants other than family members, income and expenses will have to be individualized by contract.

The amounts pending deduction from 2016, 2017, 2018 and 2019 corresponding to repair and conservation expenses and interest and other financing expenses, will be recorded, if not recorded, in a global manner, regardless of the types of leases that the property has had in the year, as there is a single box per property.

The total amount to be deducted for these expenses, together with those incurred for these same concepts in the year, may not exceed, for each asset or right, the amount of the full income obtained. The calculation will be carried out by the program.

The information regarding the amounts pending application at the beginning of each year, those applied and those pending application in future years will be transferred by the program to Annex C1 of the declaration.

In the case of 2020 repair and conservation expenses, contract formalization, legal defense, personal services accrued by third parties and improvements, it is not necessary to reflect the NIF of those who carry out the works or provide the different services and neither the date of completion of the improvements as these are voluntary data. If you choose to complete this information, the information will be transferred to Annex D of the declaration.

Leases to family members

You must indicate YES or NO in the box established for this purpose.

In the event that the tenant of the real estate is the spouse or a relative, including relatives, up to and including the third degree, the total net income may not be less than that resulting from applying the rules of the Imputed Income section.

Therefore, in addition to recording the income and expenses, you must indicate in this box the minimum computable return as stated in the previous paragraph.

If there are several tenants, subtenants, acquirers or assignees and not all of them are family members, you must register another lease by clicking on “register lease” in order to separately reflect the data relating to the income corresponding to family members and the rest.

  1. 7,3,7,1,1. Amortization
  2. 7,3,7,1,2. Examples of completion