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Form 100. Personal Income Tax Declaration 2021

10.8.11. For investment in rehabilitation of homes intended for rent

Taxpayers may deduct 15% of the amounts invested in housing rehabilitation actions.

Requirements

  1. The concept of housing rehabilitation is that included in article 20.1.22.B of Law 37/1992, of December 28, on Value Added Tax, or regulation that replaces it.

    For the purposes of the provisions of said article, 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% 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% 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, the value of market that the building or part of it had 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.

  2. The home must be located in a municipality or in a smaller local entity of the Community of Castilla y León that at the time of acquisition or rehabilitation does not exceed 10,000 inhabitants in general or of 3,000 inhabitants if it is less than 30 kilometers from the capital of the province.

  3. The value of the home, for the purposes of the tax on the acquisition, must be less than 135,000 euros.

  4. Other conditions for the application of the deduction:

    • That during the five years following the completion of the rehabilitation actions, the home is rented to people other than the spouse, ascendants, descendants or relatives up to the third degree of kinship (both collateral by consanguinity and affinity) of the owner of the home. .

    • That, if during the five years provided for in the previous letter, periods occur in which the home was not effectively rented, the home is offered for rent. With effect from July 12, 2019, Order EYH/668/2019 establishes the requirements that the rehabilitated home must meet to consider it being offered for rent:

      • The lease must be advertised or announced through one of the following means: posters on the property itself, advertising media including specific Internet portals, real estate agencies and real estate agents.

      • The properties offered for rent may not be effectively occupied during the period of time in which they are offered for rent. The consumption of supplies associated with the use of the home, such as electricity, water, gas and/or telephone, must show that the home is not occupied during this period of time.

    • That the monthly rental amount does not exceed 300 euros. The amount of the monthly rent will be the rent freely stipulated by the parties, and for the concepts agreed upon. If the contract does not stipulate otherwise, the general expenses of the home, such as IBI, municipal taxes, community expenses, etc., will be borne by the landlord, in accordance with the civil regulations that regulate the matter; If the impact of these expenses is agreed upon in the rental contract, they will be borne by the tenant and will form part of the rental amount.

    • That the legal rental deposit is deposited in accordance with the provisions of the applicable regulations.

    Maximum deduction base

    The basis of this deduction will be constituted by the amounts actually paid by the taxpayer to carry out the rehabilitation actions, with a maximum limit of 20,000 euros, both in individual and joint taxation.

    Completion

    The amounts invested with the right to deduction will be included in the box provided for this purpose.