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Practical Income Manual 2022.

For acquisition or rehabilitation of housing by young people in rural areas

Regulations: Art. 7.1 and 10 Text Recast of the legal provisions of the Community of Castilla y León regarding own and assigned taxes, approved by Legislative Decree 1/2013, September 12

Deduction amount

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 home that will constitute the taxpayer's habitual residence.

The deduction is also applicable in the cases of construction of the home 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 tax accrual (normally, December 31), he has less 36 years old .

  • That it is your first habitual residence . The taxpayer is considered to acquire his or her first home when he or she does not have or had any full ownership right equal to or greater than 50 percent 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:

    • - 10,000 inhabitants, in general, or

    • - 3,000 inhabitants if it is less than 30 kilometers from the capital of the province.

    For these purposes, Order HAC /197/2015, of March 3 ( BOCyL 03-20-2015) provides that on March 1 January each year the lists of municipalities that meet the requirements set out in the regional regulations for the application of tax benefits on transferred taxes to which the Community of Castilla y León has been assigned will be updated normative powers. These lists will be published on the Tax Portal of the Junta de Castilla y León. See about this https:// tributos.jcyl.es

    Note: Until December 31, 2015, the term "municipality" was used. From that date it is modified by the term "population" and from February 26, 2021 it is replaced again by the terms "municipality" or "minor local entity".

    Note: This requirement must be met at the time of the acquisition or rehabilitation of the habitual residence. In the case of construction of a habitual residence, this requirement must be met at the time the first payment of the expenses derived from the execution of the works is made or, where applicable, the first delivery of amounts on account to the promoter of the construction. living place.

  • That for those acquisitions that have occurred after January 1, 2016 , the value of the home, for the purposes of the tax levied on the acquisition, must be lower of 135,000 euros .

  • That it is a newly built home or a rehabilitation qualified 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 thereof after the declaration of new construction, as long as three years have not passed since then. Likewise, it is considered a newly built home when the taxpayer directly pays the expenses derived from the execution of the works.

  • That the acquisition or rehabilitation of the home occurs as of 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:

    • - 18,900 euros in individual taxation.

    • - 31,500 euros , in joint taxation.

Maximum base of the deduction

The maximum base of this deduction will be 9,040 euros per year and will consist of the amounts paid for the acquisition or rehabilitation of the home, including the expenses incurred that have been borne by the purchaser and, in the case of external financing, amortization, interest, the cost of variable interest rate risk hedging instruments for mortgage loans regulated in article nineteen of Law 36/2003, of November 11, on Measures of Economic Reform, and other expenses derived from it.

In the event of application of the aforementioned hedging instruments, the interest paid by the taxpayer will be reduced by the amounts obtained by applying the aforementioned instrument.

Other conditions for the application of the deduction

  • The concept of housing rehabilitation is that included in article 20. One. 22. B of Law 37/1992, of December 28, on Value Added Tax , or standard to replace him.

    For the purposes of the provisions of article 20. One. 22. B of Law 37/1992, of December 28 , on Value Added Tax, building rehabilitation works are those that meet the following requirements :

    1. That its main object is the reconstruction of the same, this requirement being understood to be fulfilled 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 analogous or related to them. those of rehabilitation.

    2. That the total cost of the works to which the project refers exceeds 25 percent of the acquisition price of the building if it had been carried out during the two years immediately prior to the start of the rehabilitation works or, in another case, of the market value of the building or part of it at the time of said beginning. For these purposes, the proportional part corresponding to the land will be deducted from the acquisition price or the 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 period by at least the amount of the investments made , without computing interest and other financing expenses. For these purposes, the increases or decreases in value experienced during the tax period by the 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 Consolidated Text

When in tax periods subsequent to their application the right is lost, in whole or in part, to the deductions made, the taxpayer will be obliged to add to the autonomous liquid quota accrued in the year in which the deduction requirements were not met. the amounts improperly deducted, plus the late payment interest referred to in article 26.6 of the LGT .

In relation to LGT see Law 58/2003, of December 17, General Tax.