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Practical Income Manual 2020.

For rental of main residence

Regulations: Art. 4.One.n), Four and Fifth Law 13/1997, of December 23, which regulates the regional section of the personal income tax and other transferred taxes, of the Valencian Community .

Amounts and maximum amounts of the deduction

  • The percentages and maximum deduction amounts indicated in the following table may be applied to the amounts paid in the tax period for renting the primary residence:

    Personal circumstances of the tenantPercentage of deductionDeduction limit
    In general 15 percent 550 euros
    Age equal to or less than 35 years or with a degree of physical or sensory disability equal to or greater than 65 percent or with a degree of mental disability equal to or greater than 33 percent 20 percent 700 euros
    Age equal to or less than 35 years and, in addition, with a degree of physical or sensory disability equal to or greater than 65 percent or with a degree of mental disability equal to or greater than 33 percent 25 percent 850 euros

    Note: In order to be able to make this deduction, the taxpayer, as a tenant, must pay amounts for the rent of his or her habitual residence during the tax period. Therefore, in the case of marriage, whatever its economic regime, only the amounts paid by the spouse who signed the lease contract will be deductible, without prejudice to the fact that such contract has internal effects between the spouses.

  • The maximum amount of deduction will be prorated by the number of days in which the lease remains in force within the tax period and in which the personal circumstances required for the application of the different deduction percentages are met. .

Requirements and other conditions for the application of the deduction

  • The date of the lease contract is after April 23, 1998 and its duration is equal to or greater than one year.
  • That it involves the lease of the taxpayer's habitual residence, effectively occupied by him. For these purposes, the concept of habitual residence included in the state regulations regulating Personal Income Tax will be applied.

    Remember: to address the impact of Covid-19 was suppressed, with effect from January 1, 2019, by the first Additional Provision of Decree Law 1/2020, of March 27 ( DOCV of 30) the requirement relating to the obligation of the taxpayer, as tenant, to present the corresponding self-assessment of the Tax on Property Transfers and documented legal acts derived from the rental contract of the habitual residence.

  • That, for at least half of the tax period, neither the taxpayer nor any of the members of his family unit are holders of full ownership or of a real right of use or enjoyment, of another distant home less than 100 kilometers from the rented home.

    Precisions:

    • The concept of family unit is established in article 82 of the Personal Income Tax Law and is examined in Chapter 2 of this Manual.

    • The expression that they are owners of full ownership or a real right, without specifying what the maximum or minimum percentage of ownership required by the Law should be, implies that any participation in another home prevents the application of the benefit, even in cases in which the housing is not suitable for use because it needs renovations.

    • Lastly, in the case of communities of property of hereditary origin, the heirs (even if they are not part of the same family unit) cannot apply this deduction if they have rented another home that is not 100 kilometers from any property of which they are owners of the property. full ownership or rights of use or enjoyment. However, the assets of the deceased over which the widowed spouse held usufruct by rule of law, attribution of the testator or by adjudication would not be included within this category.

  • That the taxpayer does not have the right in the same tax period to any deduction for investment in primary residence .
  • That the sum of the general taxable base and the savings taxable base or , boxes [0500 ] and [0510] of the declaration, does not exceed the following quantities:

    • - 30,000 euros in individual declaration.
    • - 50,000 euros in joint declaration.
  • When two or more taxpayers filing tax are entitled to the application of this deduction for the same home , the limit will be prorated between them in equal parts.

Application of the quantitative limits of the deduction according to the taxable base: 

  • The maximum limits of the deduction (550, 700 or 850 euros, as appropriate) will only be applicable to taxpayers whose sum of the general taxable base and the savings taxable base is less than 26,000 euros, in individual taxation, or less than 46,000 euros, in joint taxation.
  • When the sum of the general taxable base and the taxable base of the taxpayer's savings is between 26,000 and 30,000 euros , in individual taxation, or between 46,000 and 50,000 euros , in joint taxation, the amounts and limits of the deduction will be the following:

    1. In individual taxation, the result of multiplying the maximum limit of the deduction (550, 700 or 850 euros as appropriate) by a percentage obtained from the application of the following formula:

      100 × (1 – the coefficient resulting from dividing by 4,000 the difference between the sum of the general taxable base and the taxpayer's savings and 26,000)

    2. In joint taxation , the result of multiplying the maximum limit of the deduction (550, 700 or 850 euros as appropriate) by a percentage obtained from the application of the following formula:

      100 × (1 – the coefficient resulting from dividing by 4,000 the difference between the sum of the general taxable base and the taxpayer's savings and 46,000)

    The proration of the maximum limits of the deduction must only be carried out when there is more than one person who, by submitting a declaration, can apply the deduction for the same home by meeting all the requirements for this, including the maximum amount of the taxable base, although it does not apply it effectively. Therefore, people who do not submit a declaration or those who have a tax base greater than that required are not taken into consideration for the purposes of proration.

  • The application of the deduction is conditional on the delivery of the monetary amounts derived from the legal act or business that entitles its application to be made by credit or debit card, bank transfer, nominative check or deposit into accounts in credit institutions .

    The requirement for this requirement is established in the sixteenth Additional Provision of Law 13/1997, of December 23, which regulates the regional section of the Personal Income Tax and other transferred taxes. 

Compatibility

This deduction is compatible with the one discussed below "For renting a home as a result of carrying out an activity, on one's own account or as an employee, in a different municipality."

Note: Taxpayers entitled to the deduction must complete the section "Additional information to the regional deduction for leasing" of Annex B.6 of the declaration in which, in addition to the data necessary to quantify the deduction, the must be stated. NIF ##1##/ NIE of the landlord of the home and, if applicable, that of the second landlord or, where applicable, if he has registered a NIF from another country, an X will be marked, respectively, in the corresponding boxes.