For expenses derived from the rental of housing
Regulations: Art. 14 quindecies Consolidated Text of the legal provisions of the Principality of Asturias regarding taxes ceded by the State, approved by Legislative Decree 2/2014, of October 22
Amount and maximum limit of the deduction
-
The amount of amounts paid in fiscal year that correspond to any of the following concepts:
Important : It is not necessary for the property to be rented on the date on which the expenses are paid. These expenses are linked to the investment the taxpayer must make to rent the property, not to the existence of a valid lease agreement.
-
The maximum limit of the deduction is 500 euros per year.
Clarifications:
- This is a global deduction limit, independent of the number of leased properties.
- In the joint taxation regime the deduction will be applicable for each member of the family unit who makes the investment with their own income, with the limit for each of them being 500 euros per year.
Requirements for applying the deduction
-
That taxpayers obtain real estate capital returns from the leasing of homes.
The deduction is applicable to residential leases provided for in article 2 of the LAU .
-
That the purpose of such leases is the habitual residence of the tenant.
-
That it is about leases paid at prices with social sustainability .
The rental of primary residences will be considered to be remunerated at sustainable prices, in accordance with the regulations of the Principality of Asturias for these purposes, the approval of which has not yet been granted.
Until regional reference prices exist, the state regulations on reference prices for housing rentals, set out in Royal Decree-Law 7/2019, of March 1, on urgent measures regarding housing and rental, which establishes the creation of the state system of reference indices for housing rental prices and in Law 12/2023, of May 24, on the right to housing, will apply.
The index system offers a range of housing rental price values, as a reference for setting rent in new lease agreements.
In accordance with the above, the requirement that the leases be compensated at socially sustainable prices provided that the rental income (which will include those expenses whose payment belongs to the owner and that through the contract they are being transferred to the tenant, such as the payment of the homeowners' association fees or the IBI)do not exceed the upper value of the range of values of rental prices for housing offered by the aforementioned state system.
In the case of housing for which the state reference index system offers a range of rental price values, the rental income It will be made up of:
-
In lease agreements in effect at the beginning of the tax period: for the monthly rent of the dwelling updated to January 1 of said period.
-
In lease agreements formalized during the tax period: for the monthly rent of the dwelling as stated in the contract.
In both cases, expenses and taxes that, according to the contract, are at the tenant's expense (IBI(garbage collection fee, homeowners' association fees, including special assessments, utilities, etc.), nor any rent increases that may occur during the tax period in which the deduction is applicable.
In the event that the lease concerns real estate excluded of the aforementioned state system the price to be considered will be that agreed by the parties.
You can access the State System of Reference Prices for Housing Rental at the following link: SERPAVI.
-
Important : Taxpayers may deduct the amount of the sums paid in the year for the expense items indicated in the initial paragraph related to those leases for which the monthly rent does not exceed the reference value during the months of the tax period in which the lease agreement remains in force.