For leasing the main residence
Regulations: Art. 4.Uno.n), Four and Fifth Act 13/1997, of 23 December, regulating the autonomous range of Personal Income Tax and other taxes transferred, of the Valencian Community.
Amounts and maximum amounts of the deduction
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20%, With a limit of 100 euros. 700
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25% With a limit of 100 euros if the lessee meets one of the following conditions: 850
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Be 35 years old or under.
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Being a physical or sensory disability, with a degree of disability of 65% or more, or a mental disability, with a degree of disability of 100% or more. 33 100
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Be considered a victim of gender-based violence as provided for in Law 7/2012 of 23 November, of the Government, which is an integral measure against violence against women in the Valencian Community.
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30%, With a limit of 100 euros, if you meet two or more of the above conditions. 1.000
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The maximum deduction amount 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.
Note: For the purposes of this deduction, the taxpayer must pay amounts as lessee for the rental of their habitual residence during the tax period. Therefore, in the event of marriage, whatever its economic regime, only the amounts paid by the spouse signing the lease agreement will be deductible, without prejudice to the fact that this contract has internal effects between the spouses.
Requirements and other conditions for applying the deduction
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The date of the lease contract is after 23 April 1998 and its term is equal to or greater than one year.
Remember: To address the impact of Covid-19, effective from 1 January 2019, it was removed by the first additional provision of the Decree Act 1/2020, of 27 March (DOV of 30), the requirement relating to the taxpayer's obligation as lessee, of submit the corresponding self-assessment of the Capital Transfer Tax and documented legal acts derived from the lease contract of the main residence
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In the case of the leasing of the taxpayer's habitual residence, which is actually occupied by the taxpayer. For these purposes, it will be in accordance with the concept of a habitual residence covered by the state regulations governing Personal Income Tax.
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That, for at least half of the tax period, neither the taxpayer nor any of the members of their family unit are holders , the full ownership or the right to use or enjoy, of another property that is less than 100 kilometres away from the leased property.
In the event of a woman being a victim of gender-based violence, for the purposes of applying this deduction, the aggressor spouse who is not legally separated shall be considered as a member of the family unit. The property that the taxpayer shared with the person who holds the property as their habitual residence will not be included.
Details:
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The concept of family unit is that established in article 82 of the Personal Income Tax Act and is examined in Chapter 2 of this Manual.
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The term that is holders of the full domain or of a real right, without specifying the percentage of ownership required, maximum or minimum by law, any share in another property prevents the application of the benefit, even in cases where the property is not subject to use due to the need for refurbishment.
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Finally, in the case of communities of inherited property, the heirs cannot be (even if they are not part of the same) family unit) apply this deduction if they have leased another property that does not exceed 100 kilometres of a property that is owned by the full ownership or rights of use or enjoyment. However, the property of the deceased on whom the widowed spouse holds the usufruct by rule of law, attribution of the testator or by award would not be included in this category.
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The taxpayer does not have the right in the same tax period to any deduction for investment in a primary residence.
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The sum of the general net tax base and the tax base of the taxpayer or, boxes [0500] and [0510] of the tax return, does not exceed the following amounts:
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When two or more taxpayers who make tax returns have the right to apply this deduction for the same property , the limit will be prorated among them in equal parts.
Application of the quantitative limits of the deduction according to the net tax base :
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The maximum limits of the deduction (700, 850 or 1,000 euros, as applicable) will only be applicable to taxpayers whose sum of the general net tax base and the net tax base of the savings is less than 23,000 euros, in individual taxation, or less than 37,000 euros, in joint taxation.
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When the sum of the general net tax base and the tax base of the taxpayer's savings is between 23,000 and 25,000 euros , in individual taxation, or between 37,000 and 40,000 euros, in joint taxation, the amounts and limits of the deduction will be as follows:
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In individual taxation, the result of multiplying the maximum deduction limit (700, 850 or 1,000 euros, as applicable) by a percentage obtained from the application of the following formula:
100 × (1-The coefficient resulting from dividing by 2,000 the difference between the sum of the general net tax base and the taxpayer's savings and 23,000)
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In joint taxation, the result of multiplying the maximum deduction limit (700, 850 or 1,000 euros, as applicable) by a percentage obtained from the application of the following formula:
100 × (1-The coefficient resulting from dividing by 2,000 the difference between the sum of the general net tax base and the taxpayer's savings and 37,000)
The maximum limits of the deduction must only be applied when there is more than one person who, by filing a tax return, can apply the deduction for the same property as all the requirements required for this purpose, including the maximum amount of the net asset base, even if it does not apply effectively. Therefore, persons who do not file a tax return or those who have a net tax base higher than the required are not taken into consideration for the purposes of apportionment.
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The application of the deduction is conditional on the delivery of the monetary amounts derived from the legal act or business that are carried out by credit or debit card, bank transfer, nominative cheque or deposit in accounts with credit institutions.
The requirement of this requirement is established in the additional sixteen provision of Act 13/1997, of 23 December, which regulates the autonomous range of Personal Income Tax and other taxes transferred.
Compatibility
This deduction is compatible with the following: "for renting a home as a result of carrying out an activity, whether self-employed or self-employed, in a different municipality."
Note: Taxpayers entitled to the deduction must complete the section "Further information to the autonomous deduction for leasing" in Annex B.8 of the tax return in which, in addition to the details necessary to quantify the deduction, the Tax ID/Foreigner's ID must be included in the the property and, if it exists, that of the second lessor or, if it has entered a Tax ID of another country, will be marked X, respectively, in the corresponding boxes.