7.3.5.6. 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 fiscal year, these must also be marked and any additional information requested must be included.
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. To do this, you can click "edit" on the rented properties and enter the amounts in the "Additional information" section. You can also access it from the "pending" column that appears in the declaration summary.
Additional information
In the "Additional Information" window you will enter:
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Type of lease
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You will select the type of lease.
If during the fiscal year you have had, for the same property, contracts signed before May 26, 2023, contracts signed after that date, or contracts that correspond to different percentage reductions, you will have to register a lease for each of these situations (the program allows a maximum of 3 lease contracts per property).
By clicking on “Register Lease” you will register the leases, entering the corresponding data for each one.
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In the case of a primary residence lease, you will select the date of the contract.
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If the contract was signed on or after May 26, 2023, the reduction that applies will be marked unless the 50% reduction is applicable, which will be calculated by default by the program.
For contracts signed after May 26, 2023, for homes located in areas with a stressed residential market that do not comply with the provisions of section 6 of article 17 of the Urban Leases Act, since the reductions are not applicable, the "Other leases" box must be checked.
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The total number of days the property was rented in 2024.
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It will indicate the number of days the lease will last in 2024. This data will be transferred by the program to the "Property Depreciation" window.
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The date of the lease agreement will only be recorded for the lease of a primary residence (if the date of the contract is prior to the acquisition date, the acquisition date will be recorded as the contract date).
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The tenant's NIF or, where applicable, the identification number in the country of residence will only be completed for leases of habitual residence. 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.
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Gross income and deductible expenses
For each property, the following will be recorded: the income derived from it and the amount of the expenses necessary to obtain those returns.
The outstanding amounts to be deducted from 2020, 2021, 2022, and 2023 corresponding to repair and maintenance expenses, interest, and other financing costs, will be recorded, if not already recorded, globally, regardless of the types of leases the property had during the year, as each property is allocated a single box.
By clicking on the icon "More info" located after box 0108, a window will open in which the interest and repair costs pending application at the beginning of the period, those applied in the same period and those pending application for future years will be displayed.
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.
For 2024 repair and maintenance expenses, contract formalization, legal defense, personal services accrued by third parties, and improvements, it is not necessary to reflect the NIF of those carrying out the work or providing the various services or the date the improvements were completed, as these are voluntary data.
However, if you choose to fill in this information, clicking on the icon "More info" located after box 0149 will open a window in which the information will be displayed.
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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 property 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 in section Imputation 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.