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Practical manual for Income Tax 2024. Volume 2. Autonomous community deductions
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For rental of main residence

Regulations: Articles 8 and 18.1 and 4.c) Text Consolidated of the legal provisions of the Community of Madrid regarding taxes ceded by the State, approved by Legislative Decree 1/2010, of October 21

Amount and maximum limit of the deduction

  • 30% of the amounts paid for the rental of the habitual residence in the tax period.

    Precision 1: The rent to be paid for the lease agreement signed by only one of the spouses is a debt that corresponds exclusively to the signatory, regardless of the internal relationships that may subsequently arise within the matrimonial economic regime. Therefore, the amounts paid by the spouse who is not listed in the contract do not give the right to said deduction because he or she is not a tenant, regardless of the marital property regime. See in this regard the Supreme Court Judgment number 220/2009, of April 3 (Civil Division), issued in cassation appeal number 1200/2004 ( ROJ : STS 2464/2009).

    Precision 2 : The right to the deduction for the rental of a habitual residence is linked to that habitable building whose primary purpose is to satisfy the permanent housing need of the tenant, in accordance with the terms of the Urban Leasing Law. However, when the contract signed is described by the parties as " seasonal ", it could be considered that the property in question has met the permanent housing need, provided that the contract has been extended for a minimum period of one year.

  • The maximum deduction limit will be 1,237.20 euros, both in individual and joint taxation.

Requirements and other conditions for the application of the deduction

  • Age of the taxpayer.

    The taxpayer must be under 40 years of age on the tax due date (normally, December 31).

  • Limits on the sum of the general and savings tax bases (sum of boxes [0435] and [0460] of the declaration) in order to apply the deduction.

    A double limit is required; One general requirement, which must be met by the taxpayer who intends to apply the deduction, and another specific requirement, which must be met by the family unit of which the taxpayer is a part:

    a. Taxpayer: The sum of the taxpayer's general and savings tax bases may not exceed:

    • - 26,414.22 euros in individual taxation.

    • - 37,322.20 euros in joint taxation.

    b. Family unit: the sum of the general and savings tax bases of all members of the family unit of which the taxpayer may be a part may not exceed 61,860 euros.

    Rules for applying limits to the family unit:

    • If it is a conjugal family unit (of those regulated in article 82.1.1 of the Personal Income Tax Law ), the tax bases of each of the members of the family unit included in it must be added together, regardless of whether or not they opt for the joint taxation regime and whether or not they are required to file a return.

      Thus, for each spouse, the taxable base will be that corresponding to both of them plus that of the children (minors or legally incapacitated adults subject to extended or rehabilitated parental authority), common or not, who live with the couple.

      In the case of joint taxation, the taxable base of said declaration will be the one taken into account for the purposes of the established limit.

    • If it is a single-parent or non-marital family unit, the tax bases of the members of the family unit that theoretically correspond to each taxpayer must be added, in accordance with the provisions of article 82.1.2 of the Personal Income Tax Law : the taxpayer himself and his children (minors or legally incapacitated adults subject to extended or rehabilitated parental authority) who live with him. And all of this, also, regardless of whether or not they choose to pay taxes under the joint tax regime and whether or not they are required to file a return. In the case of joint taxation, the taxable base of said declaration will be the one taken into account for the purposes of the established limit.

  • The amounts paid for the rental of the habitual residence must exceed 20 percent of the aforementioned sum of the taxpayer's general and savings tax bases.

  • In order to apply the deduction, the taxpayer must be in possession of the receipt or, where applicable, a copy of the receipt for the deposit of the security deposit held at the Social Housing Agency of the Community of Madrid, formalised by the landlord, in accordance with the provisions of article 36 of Law 29/1994, of 24 November, on Urban Leases, and Decree 181/1996, of 5 December, regulating the deposit regime for rental deposits in the Community of Madrid, or have a copy of the complaint filed with said body for failure to provide them with said receipt by the landlord .

Note: Once the information required for the calculation of the deduction has been entered by the taxpayers entitled to it, it will be automatically transferred to the section "Additional information on the regional deduction for leasing in Andalusia, the Principality of Asturias, the Balearic Islands, the Canary Islands, Cantabria, Castilla-La Mancha, Castilla y León, Catalonia, Extremadura, Galicia, Madrid, the Region of Murcia, La Rioja and the Valencian Community" in Annex B.9 of the declaration.