For acquisition or rehabilitation of housing by young people in rural areas
Regulations: Art. 7.1 Text Revised legal provisions of the Community of Castile and León on own and transferred taxes, approved by Legislative Decree 1/2013, of September 12.
Amount of deduction
15 percent of the amounts paid in the tax period for the acquisition or rehabilitation of the home that will constitute the taxpayer's habitual residence in the territory of the Community of Castilla y León. The deduction is also applicable in the cases of construction of the dwelling that will constitute the taxpayer's habitual residence.
Requirements for applying the deduction
-
That the taxpayer has his habitual residence in the Community of Castilla y León and that, on the date of accrual of the tax (normally, December 31), he is less than 36 years old .
-
That it is your first habitual residence . The taxpayer is considered to have acquired his/her first home when he she does not have or has not had any right of full ownership equal to or greater than 50% over another home .
-
That the home is located in a municipality or in a minor local entity of Castilla y León that, at the time of acquisition or rehabilitation, does not exceed:
For these purposes, Order HAC /197/2015, dated March 3 ( BOCyL 03-20-2015) provides that as of January 1 each year, the lists of municipalities that meet the requirements set forth in the regional regulations for the application of tax benefits on the transferred taxes over which the Community of Castilla y León has regulatory powers will be updated. These lists will be published on the Tax Portal of the Regional Government of Castile and Leon. See in this regard https:// tributos.jcyl.es
Note: Until December 31, 2015, the term "municipality" was used. From that date, it will be replaced by the term "population" and from February 26, 2021, it will be replaced again by the terms "municipality" or "minor local entity."
Note: This requirement must be met at the time of acquisition or renovation of the habitual residence. In the case of construction of a primary residence, this requirement must be met at the time when the first payment is made for the expenses arising from the execution of the works or, where applicable, the first payment of amounts on account to the developer of the residence.
-
For those acquisitions that have taken place on or after 1 January 2016 , the value of the property, for the purposes of the tax levied on the acquisition, must be less than 135,000 euros .
-
Whether it is a newly built dwelling or a rehabilitation classified as a protectable action under the corresponding state or regional housing plans.
A newly built home is considered to be one whose acquisition represents the first transfer of the same after the declaration of new construction, provided that three years have not elapsed since this. Likewise, housing is considered to be newly built when the taxpayer directly covers the costs arising from the execution of the works.
-
That the acquisition or rehabilitation of the home takes place after January 1, 2005 .
-
That the general tax base plus the savings tax base minus the personal and family minimum (boxes [ 0435 ], [ 0460 ] and [0520] of the declaration, respectively) does not exceed the following amounts:
Maximum deduction base
The maximum base for this deduction will be 9,040 euros per year and will consist of the amounts paid for the acquisition or renovation of the home, including the expenses incurred that have been borne by the purchaser and, in the case of external financing, the amortization, interest, the cost of the instruments for hedging the variable interest rate risk of mortgage loans regulated in article nineteen of Law 36/2003, of November 11, on Economic Reform Measures, and other expenses derived therefrom.
In the event of application of the aforementioned hedging instruments, the interest paid by the taxpayer will be reduced by the amounts obtained by application of the aforementioned instrument.
Other conditions for the application of the deduction
Regulations: See art. 10 of the Consolidated Text of the legal provisions of the Community of Castile and Leon on own and transferred taxes.
-
The concept of housing rehabilitation is the one included in article 20. One. 22. B of Law 37/1992, of December 28, on Value Added Tax , or the regulation that replaces it.
For the purposes of the provisions of article 20. One. 22. B of Law 37/1992, of December 28, on Value Added Tax, are works of rehabilitation of buildings that meet the following requirements :
-
That its main objective is the reconstruction of the same, understanding that this requirement is met when more than 50 percent of the total cost of the rehabilitation project corresponds to works of consolidation or treatment of structural elements, facades or roofs or with works similar or related to rehabilitation.
-
That the total cost of the works referred to in the project exceeds 25 percent of the purchase price of the building if it had been carried out during the two years immediately prior to the start of the rehabilitation works or, otherwise, of the market value of the building or part thereof at the time of said start. For these purposes, the proportional part corresponding to the land will be deducted from the purchase price or market value of the building.
-
-
The application of the deduction is conditional on the verified amount of the taxpayer's assets at the end of the tax period exceeding the value shown by its verification at the beginning of the same by at least the amount of the investments made , without taking into account the interest and other financing costs. For these purposes, increases or decreases in value experienced during the tax period by assets that at the end of the period continue to form part of the taxpayer's assets will not be computed.
Loss of the right to the deduction made
Regulations: See art. 10 of the Revised Text
When, in tax periods subsequent to the period of application, the right to the deductions made is lost, in whole or in part, the taxpayer will be obliged to add to the autonomous net tax rate accrued in the year in which the deduction requirements were not met, the amounts unduly deducted, plus the late payment interest referred to in article 26.6 of Law 58/2003, of December 17, General Tax Law.