For obtaining income derived from housing leases, whose income does not exceed the reference price of private rentals in the Valencian Community (lessor's deduction)
Regulations: Art. 4.Uno.j) Law 13/1997, of December 23, which regulates the regional section of the Personal Income Tax and remaining transferred taxes, from the Valencian Community
5 percent of the full income in the tax period, provided that the requirements indicated below are met.
Requirements and other conditions for the application of the deduction
That the full return derives from housing lease contracts , in accordance with the legislation on urban leases, initiated during the tax period .
In accordance with the provisions of article 2 of Law 29/1994, of November 24, on Urban Leases, a housing lease is considered when the lease falls “on a habitable building whose primary purpose is to satisfy the tenant's permanent need for housing.” ”.
For its part, article 3 of the same law provides that “a lease for use other than housing is considered to be a lease that, falling on a building, has as its primary purpose a use other than that established in the previous article.” Also adding that "in particular, leases of urban properties entered into by season, be it summer or any other, will have this consideration."
Therefore, the deduction will not be applicable to the original income from seasonal rentals and all those cases in which the rented home does not constitute the habitual or permanent residence of the tenant, a requirement that, in accordance with Law 29/1994, defines the nature legal status of the housing lease contract.
In the event that the home had been previously rented for a duration of less than three years, the tenant does not match the person established in the previous contract .
If the previous contract had a duration of more than three years, the deduction can be applied regardless of whether the new tenants coincide with the previous ones or not.
If the previous contract had a duration of less than three years, the deduction can only be applied if none of the new tenants coincide with the previous ones.
That the agreed monthly rent does not exceed the reference price for private rentals in the Valencian Community .
In order to determine whether the agreed monthly rent exceeds the reference price for private rentals, expenses and taxes, other than supplies, which according to the contract are borne by the renter, must also be included as part of the rent generated by the rental contract. tenant and that, consequently, have been passed on to him, such as the IBI, community of owners, etc.
That the deposit of the bond referred to in the urban leasing legislation, in favor of the Generalitat, has been constituted before the end of the tax period .
Note: Please note that for taxpayers who died before October 28, 2022, compliance with the additional requirement is required that the leased property be located in the areas indicated, for this purpose, by the department responsible for housing when establishing the reference price for private rentals in the Valencian Community.
Information on reference rental prices is available in the cartographic viewer of the Valencian Community ( https://visor.gva.es /). For more information consult the website: https://calab.es/observatorio-del-habitat/precio-de-rereference/precios-del-alquiler/
Maximum deduction base
The maximum annual base of this deduction is established at 3,300 euros.
Note: Please note that for taxpayers who died before October 28, 2022 , the maximum base of the deduction will be 3,000 euros.