10.8.11. For investment in rehabilitation of housing intended for rent
Taxpayers will be able to deduct 15 percent of the amounts invested in housing rehabilitation projects.
Requirements
- The concept of housing rehabilitation is included in article 20.1.22.B of Law 37/1992, of December 28, on Value Added Tax, or the law that replaces it. For the purposes of the provisions of said article, building rehabilitation works are those that meet the following requirements:
- That its main objective is the reconstruction of the same, understanding that this requirement is met 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 similar or related to rehabilitation.
- That the total cost of the works referred to in the project exceeds 25 percent of the purchase price of the building if it had been carried out during the two years immediately prior to the start of the rehabilitation works or, otherwise, of the market value of the building or part thereof at the time of said start. For these purposes, the proportional part corresponding to the land will be deducted from the purchase price or market value of the building.
- The home must be located in a town in 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 provincial capital
As indicated in Order HAC/197/2015, dated March 3 (BOCYL 20-03-2015), the lists of municipalities (from January 1, 2016, towns) that meet the requirements set forth in the regional regulations for the application of tax benefits on transferred taxes over which the Community of Castilla y León has regulatory powers will be updated on January 1 of each year. These lists will be published on the Tax Portal of the Regional Government of Castile and Leon.
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The value of the property, for the purposes of the tax levied on the acquisition, must be less than 135,000 euros.
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Other conditions for the application of the deduction:
- That during the five years following the completion of the rehabilitation work, the home is rented to persons other than the spouse, ascendants, descendants or relatives up to the third degree of kinship (both collateral by consanguinity and by affinity) of the owner of the home.
- That, if during the five years provided for in the previous letter, there are periods in which the property is not actually rented, the property is offered for rent. With effect from 12 July 2019, Order EYH/668/2019 establishes the requirements that rehabilitated housing must meet to be considered as being offered for rent:
- The lease must be advertised or announced through one of the following means: signs on the property itself, advertising media including specific Internet portals, real estate agencies and real estate agents.
- Properties offered for rent may not be actually occupied during the period of time in which they are offered for rent. The consumption of supplies associated with the use of the home, such as electricity, water, gas and/or telephone, must show that the home is not occupied during this period of time.
- That the monthly rent amount does not exceed 300 euros. The monthly rent amount will be the rent freely stipulated by the parties, and for the concepts agreed upon. Unless otherwise stipulated in the contract, the general expenses of the home, such as IBI, municipal taxes, community fees, etc., will be borne by the landlord, in accordance with the civil regulations governing the matter; If the transfer of these expenses is agreed in the rental contract, they will be borne by the tenant and will form part of the rental amount.
- That the legal rental deposit is deposited in accordance with the provisions of the applicable regulations.
Maximum deduction base
The basis for this deduction will be the amounts actually paid by the taxpayer for the rehabilitation work, with a maximum limit of euros both in individual and joint taxation.
Population units with more than 10,000 inhabitants or with more than 3,000 inhabitants that are less than 30 km from the provincial capital.
Population Unit INE code AVILA 05019000301 ARANDA DE DUERO 09018000201 BURGOS 09059000101 MIRANDA DE EBRO 09219001101 ASTORGA 24008000101 LEON 24089000201 ARMUNY 24089000101 PONFERRADA 24115002102 SAN ANDRES DEL RABANEDO 24142000501 WORK OF THE ROAD 24142000801 VIRGIN OF THE ROAD (THE) 24189000801 NAVATEJERA 24222000301 VILLAOBISHO OF THE REGUERAS 24222000701 BATHROOMS FOR SALE 34023000301 PALENCIA 34120000101 Dawn of Tormes 37008000101 BÉJAR 37046000101 GOAT HERDS 37067000401 CARBAJOSA OF THE SACRED 37085000101 RODRIGO CITY 37107000301 SALAMANCA 37274000201 SANTA MARTA DE TORMES 37294000201 VILLAMAYOR 37354000101 Villares of the Queen 37362000301 LASTRILLA (THE) 40112000101 SAN ILDEFONSO 40181000201 SEGOVIA 40194000601 SORIA 42173000401 ARROYO DE LA ENCOMIENDA 47010000101 CIGALES 47050000101 CISTERNIGA 47052000101 LAGUNA DE DUERO 47076000301 MEDINA DEL CAMPO 47085000201 SANTOVENIA OF PISUERGA 47155000101 TORDESILLAS 47165000501 TUDELA DE DUERO 47175000301 VALLADOLID 47186000501 ZARATAN 47231000101 BENAVENTE 49021000101 ZAMORA 49275000201 Completion
The amounts invested with the right to deduction for each taxpayer will be included in the box provided for this purpose.