7,3,7,1. Lease

This section includes properties that have been leased, subleased or transferred to third parties during the year or when the owner has received income from the creation or transfer of rights or powers of use or enjoyment (usufruct).

If the property had other uses during the year, you will also have to mark them and reflect the additional data requested.

Please note that only the identifying data of the leased properties are transferred upon incorporation.

Income and expenses must be completed in the declaration itself; In the summary of the declaration, a "Pending" will appear in the box for real estate capital gains. Clicking on it will show you the list of real estate assets; By clicking "Edit" on the rented properties you can enter the amounts in the "Additional information" section.

may record data relating to the lease.

Additional information

In the "Additional Information" window you will enter:

1. Lease data

   • 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 leases, or Type 1 leases and Type 2 leases, the program allows you to create a lease and enter all the data relating to it; Then, by clicking “Add Lease” you will add the other rental and record all the data relating to that lease.

   • The total number of days the property was rented in 2021.

   • Number of days this lease is valid for in 2021. This data will be transferred by the program to the "Property amortization" window.

   • The lease contract date only for leases (Type 1) (if the contract date is prior to the acquisition date, the acquisition date will be recorded 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 the 60% reduction (Type 1). A maximum of three lease contracts may be captured each year for each of the properties and 3 tenant NIFs for each of the three contracts.

2. I gross income and deductible expenses

   For property derived it and the amount of necessary to obtain income will be recorded.

   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 the same, or several lease contracts with the right to a 60% reduction, or leases to family members and other tenants other than family members, the income and expenses will have to be individualized by contract.

   The amounts pending deduction from 2017, 2018, 2019 and 2020 corresponding to repair and maintenance expenses and interest and other financing expenses will be recorded, if they are not already recorded, in a global manner, regardless of the types of leases that the property has had in the year, as it 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 gross income obtained. The calculation will be performed by the program.

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

   In the case of repair and maintenance expenses for 2021, 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, nor the date of completion of the improvements, as these are data that must be completed voluntarily.

   If you choose to complete this information, the information will be transferred to Annex D of the declaration.

   Deductible expense corresponding to rentals of premises to certain entrepreneurs in the months of January, February and March 2021 (Royal Decree-Law 35/2020, of December 22):

   When the landlord has signed a lease agreement for non-residential use with a tenant who uses the property for the development of an economic activity classified in division 6 or in groups 755, 969, 972 and 973 of the first section of the IAE Rates, he may compute as a deductible expense the amount of the reduction in the rental income that they have voluntarily agreed to as of March 14, 2020 and that corresponds to the monthly payments accrued in the months of January, February and March 2021.

   The provisions of the preceding paragraph shall not apply when the landlord is a large holder (understood as, among other cases, the natural person who owns more than 10 urban properties, excluding garages and storage rooms, or a constructed area of more than 1,500 m2).

   This expense cannot be applied when the reduction in rent is subsequently compensated by the tenant through increases in subsequent rents or other benefits or when the tenants are a person or entity linked to the landlord within the meaning of article 18 of the Corporate Income Tax Law or are linked to the landlord by family ties, including the spouse, in a direct or collateral line, by blood or by affinity up to the second degree inclusive.

   The landlord shall state in the declaration:

   • In the Deductible Expense box corresponding to rentals of premises to certain entrepreneurs in the months of January, February and March 2021 (Royal Decree-Law 35/2020, of December 22): the reduction corresponding to the monthly payments accrued in January, February and March.

   • The tenant's NIF

3. Leases to family members

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

   In the event that the tenant of the real estate is the spouse or a relative, including those by marriage, up to the third degree inclusive, the total net income may not be less than that resulting from applying the rules of the section on the Allocation of Real Estate Income.

   Therefore, in addition to stating income and expenses, you must indicate in this box the minimum computable income as set out in the previous paragraph.

   If there are several tenants, sub-tenants, purchasers 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. Amortization
2. Examples of completion