For renting a habitual residence

Regulations: Articles 9, 12 bis and 13 Text Consolidated legal provisions of the Autonomous Community of Extremadura on taxes transferred by the State, approved by Legislative Decree 1/2018, of April 10

Amounts and maximum limits of deductions

• 5 percent of the amounts paid by the taxpayer in the tax period for rent on his/her habitual residence, with a limit of 300 euros per year .

• 10 percent of the amounts paid by the taxpayer in the tax period in the case of renting a habitual residence in a rural environment, with a limit of 400 euros per year.

  Attention: Housing in rural areas will be considered to be housing located in municipalities and smaller local entities with a population of less than 3,000 inhabitants.

Requirements and other conditions for the application of the deduction

• That taxpayer meets any of the following circumstances :

  1. That on the date of accrual of tax you are less than 36 years old . In the case of joint taxation, the age requirement must be met by at least one of the spouses, or, where applicable, the father or mother.

  2. That he/she is part of a family that has legal consideration of large .

  3. That he/she suffers from a physical, mental or sensory disability, provided that he/she is legally considered a person with a disability with a degree of disability equal to or greater than 65% , in accordance with the scale referred to in article 354 of the consolidated text of the General Social Security Law, approved by Royal Legislative Decree 8/2015, of October 30 ( BOE of October 31).

     However, be considered to have a disability of 65% or more when it concerns people or when they have been judicially declared , even if it does not reach said degree.

  Note: Please note that, as of the entry into force of Law 8/2021 amending the Civil Code, the references made to judicial incapacity are extended to judicial resolutions establishing representative guardianship of persons with disabilities.

• That it is the lease of the habitual residence of the taxpayer , effectively occupied by him and located within the territory of the Autonomous Community of Extremadura.

• That the Tax on Property Transfers and Documented Legal Acts has been paid for the lease and, where applicable, for its extensions or, where applicable, a self-assessment for the aforementioned tax has been submitted.

  Precision: the new exemption assumption added in article 45.1.B) of the consolidated text of the Law on Property Transfer Tax and Documented Legal Acts "for leases of housing for stable and permanent use referred to in article 2 of Law 29/1994, of November 24, on Urban Leases", by article 5 of Royal Decree-Law 7/2019, of March 1, on urgent measures in housing and rental matters ( BOE of March 5) must be taken into account.

  The exemption exempts the taxpayer from compliance with the main tax obligation of payment, but not from the formal tax obligation of submitting the corresponding self-assessment without debt to pay.

• That the mandatory deposit has been established as a guarantee referred to in the Urban Leasing Law in favor of the Autonomous Community of Extremadura in accordance with the provisions of Law 3/2001, of April 26, on the Quality, Promotion and Access to Housing in Extremadura.

• That taxpayer is not entitled during the same tax period to any deduction for investment in primary residence .

• That neither the taxpayer nor any of the members of his/her family unit are the owners of full ownership or a real right of use or enjoyment of another home located less than 75 kilometers from the rented home .

  The concept of family unit to be used is the one defined in article 82 of the Personal Income Tax Law.

  In the event that the taxpayer and/or any member of his/her family unit owns a percentage of full ownership or usufruct of another home located less than 75 kilometres from the rented home, the deduction cannot be applied.

• That the sum of the general and savings tax bases (boxes [0435] and [0460] of the declaration) is not greater than the following amounts:

  1. In general:

     - 19,000 euros in individual taxation.

     - 24,000 euros in joint taxation.

  2. In the event that taxpayer habitually resides in municipalities and smaller local entities with a population of less than 3,000 inhabitants:

     Note: In this case, if taxpayer belongs to a large family , there will be no limit.

     The conditions necessary for consideration as a large family and its classification by categories will be determined in accordance with the provisions of Law 40/2003, of November 18, on the Protection of Large Families (BOE of November 19).

     - 28,000 euros in individual taxation.

     - 45,000 euros in joint taxation.

     In the case of marriage, this limit of 45,000 euros will apply provided that at least one of the spouses had his or her habitual residence during the tax period in one of the municipalities or minor local entities with a population of less than 3,000 inhabitants.

     You can consult the municipalities and smaller local entities with a population of less than 3,000 inhabitants at the following link: " Municipalities and smaller local entities with a population of less than 3,000 inhabitants ".

• When two or more taxpayers have the right to apply this deduction in respect of the same assets for the same tax period, its amount will be prorated between them in equal parts .

  The apportionment of the deduction refers only to its maximum limit .

  In the case of marriage, regardless of the matrimonial economic regime, only the spouse or spouses who appear as tenants in the contract are entitled to deduction . See in this regard the Supreme Court Judgment No. 220/2009, of April 3 (Civil Division), issued in cassation appeal number 1200/2004 (ROJ: STS 2464/2009).

• In the event that only part of the amounts paid in the year for the rental of a habitual residence is for rent in a rural area, the deduction applicable for each of the types of rental may not exceed its own limit, nor 400 euros jointly, given that it is a single deduction with increased percentages and limits for the case of rental in a rural area.

Note: Taxpayers entitled to the deduction must complete the section "Additional information on the regional deduction for rent" in Annex B.8 of the declaration in which, in addition to the data necessary to quantify the deduction, the NIF / NIE of the landlord of the home must be stated and, if applicable, that of the second landlord or, if applicable, if a NIF from another country has been entered, an X will be marked in the corresponding boxes.