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Form 100. Personal Income Tax Declaration 2021

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 (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; clicking on it will show you the list of real estate assets; By clicking "Edit" on the leased properties, you can enter the amounts in the "Additional information" section.

may record the data relating to the lease.

Additional information

In the "Additional information" window you will enter:

  1. 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, clicking “Register Lease” will register the other rental and enter all the data relating to that lease.

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

    • Number of days this lease lasts in 2021. 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.

  2. I Full income and deductible expenses

    For each property the income derived from it will be recorded and the amount of the 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 2017, 2018, 2019 and 2020 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 2021 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.

    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 lessor has signed a lease contract for use other than housing 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 Rates of the IAE, may compute as a deductible expense the amount of the reduction in the rent of the lease that they had voluntarily agreed upon as of March 14, 2020 and that corresponds to the monthly payments accrued in the months January, February and March 2021.

    The provisions of the previous paragraph will not be applicable when the lessor is a large holder (meaning, 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 Law of the Corporate Tax or are united with him by kinship ties, including the spouse, in a direct or collateral line, by blood or by affinity up to the second degree inclusive.

    The lessor will record in the declaration:

    • In the Deductible expense box corresponding to rentals of premises to certain business owners 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 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 Imputation of Real Estate 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. Amortization
  2. Examples of completion