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Form 100. Personal Income Tax Return 2019

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

  1. 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.
  2. 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.

  3. The value of the property, for the purposes of the tax levied on the acquisition, must be less than 135,000 euros.

  4. 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 UnitINE 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.