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Form 100. Personal Income Tax Return 2024

10.12.20. For the leasing of empty homes

Amount

Taxpayers who own or have usufructuaries of vacant homes for at least one year prior to entering into a residential lease agreement subject to the Urban Leasing Law may deduct for each of the properties used for the rental of a home.

The amount of the deduction will be prorated based on the percentage of ownership interest in the property.

Requirements and conditions

  • The deduction will be applied in the fiscal year in which the lease contract is formalized.

  • A home is considered vacant when it is not inhabited, rented, in use, or affected by economic activities.

  • The lease must have an effective duration of at least three years. This requirement will be deemed to have been met when the contract reaches this duration, even if no initial term was stipulated, it was indefinite, or its initial duration was less than three years, if, as a result of the system of mandatory annual extensions established in the Urban Leasing Law, the minimum duration of three years is reached.

    However, the right to the deduction will not be lost if the lease agreement is for a period of less than three years when the property becomes subject to a rental expectation and is again subject to a new residential lease agreement within six months of the end of the previous agreement, provided that the sum of the lease agreements is at least three years.

  • The tenant of the dwelling may not be the spouse or a relative, by blood or marriage, up to the third degree inclusive, of the taxpayer.

  • Taxpayers may only own a maximum of five residential properties (excluding garages and storage rooms). For these purposes, all properties in which the taxpayer holds a stake, as owner or usufructuary, must be included, with the exclusion of garages and storage rooms, regardless of whether any of them are used to satisfy the taxpayer's housing needs or could be excluded from the scope of the deduction.

  • Taxpayers must have the receipt or, where applicable, a copy of the receipt for the security deposit from the Community of Madrid Social Housing Agency issued by the landlord.

Failure to meet any of the required conditions will result in the loss of the right to the deduction, and adjustments will be made in accordance with the provisions of state personal income tax regulations.

Completion

For each home you must record:

  • The percentage of participation in the property or in the real right of usufruct.

  • The cadastral reference. If the property has no reference, check the box provided for that purpose.

The program will transfer the data to Annex B.11 of the declaration.