For renting a habitual residence

Regulations: Articles 9, 12 bis and 13 Revised Text of the legal provisions of the Autonomous Community of Extremadura on taxes transferred by the State, approved by Legislative Decree 1/2018, of April 10

Amounts and maximum limits of deductions

• 30% of the amounts paid by the taxpayer in the tax period for rent of his/her habitual residence , with a limit of €1,000 per year .

• 30% of the amounts paid by the taxpayer in the tax period in the case of renting a habitual residence in a rural area, with a limit of €1,500 per year.

  Rural housing will be considered as housing located in municipalities and smaller local entities in Extremadura with a population of less than 3,000 inhabitants.

Requirements and other conditions for the application of the deduction

• That taxpayer meets any of the following circumstances :

  1. That on the date of accrual of tax you are less than 36 years old . In the case of joint taxation, the age requirement must be met by at least one of the spouses, or, where applicable, the father or mother.

  2. That he/she is part of a family that is legally considered a large family or is a legally separated ascendant, or without a marital bond, with two children without the right to receive annual alimony and for whom he/she has the right to the entire minimum for descendants.

  3. That he/she suffers from a disability with a recognized degree equal to or greater than 65% .

     The degree of disability will be determined by applying the scale referred to in article 354 of the consolidated text of the General Social Security Law, approved by Royal Legislative Decree 8/2015, of October 30 ( BOE of October 31).

  4. That, whatever the degree of disability, whether is judicially incapacitated or the representative guardianship of the taxpayer has been established.

  Please note that, as of the entry into force of Law 8/2021, reforming civil and procedural legislation to support persons with disabilities in the exercise of their legal capacity, judicial incapacitation disappears and guardianship is limited to unemancipated minors in a situation of abandonment or not subject to parental authority, being abolished for emancipated minors and for adults, for whom it establishes representative guardianship and other support measures in the exercise of their legal capacity.

  Guardians of persons with disabilities appointed under the previous legislation shall be subject to the rules established for representative guardians.

  The aforementioned law also provides for the review, within a maximum period of three years, of the measures established prior to its entry into force.

• That it is the lease of the habitual residence of the taxpayer , effectively occupied by him and located within the territory of the Autonomous Community of Extremadura.

• That the Tax on Property Transfers and Documented Legal Acts has been paid for the lease and, where applicable, for any extensions, or, where applicable, the exemption from said tax is justified.

  Precision: the new exemption assumption added in article 45.1.B) of the consolidated text of the Law on Property Transfer Tax and Documented Legal Acts "for leases of housing for stable and permanent use referred to in article 2 of Law 29/1994, of November 24, on Urban Leases", by article 5 of Royal Decree-Law 7/2019, of March 1, on urgent measures in housing and rental matters ( BOE of March 5) must be taken into account.

  The exemption exempts the taxpayer from compliance with the main tax obligation of payment, but not from the formal tax obligation of submitting the corresponding self-assessment without debt to pay.

• That taxpayer is not entitled during the same tax period to any deduction for investment in primary residence .

• That neither the taxpayer nor any of the members of his/her family unit are the owners of full ownership or a real right of use or enjoyment of another home located less than 75 kilometers from the rented home .

  The concept of family unit to be used is the one defined in article 82 of the Personal Income Tax Law .

  In the event that the taxpayer and/or any member of his/her family unit owns a percentage of full ownership or usufruct of another home located less than 75 kilometres from the rented home, the deduction cannot be applied.

• That the sum of the general and savings tax bases (boxes [0435] and [0460] of the declaration) is not greater than the following amounts:

  - €28,000 in individual taxation.

  - €45,000 in joint taxation.

  This requirement of bases will not be observed when the taxpayer habitually resides in a municipality or minor local entity of Extremadura with a population of less than 3,000 inhabitants and

  - Be part of a family that is legally considered large, or

  The conditions necessary for consideration as a large family and its classification by categories will be determined in accordance with the provisions of Law 40/2003, of November 18, on the Protection of Large Families ( BOE of November 19).

  - Be a legally separated ascendant, or without a marital bond, with two children without the right to receive annual maintenance payments and for whom you are entitled to the full minimum for descendants provided for in the IRPF regulations.

  You can consult the municipalities and smaller local entities with a population of less than 3,000 inhabitants at the following link: " Municipalities and smaller local entities with a population of less than 3,000 inhabitants ".

• When two or more taxpayers have the right to apply this deduction in respect of the same assets for the same tax period, its amount will be prorated between them in equal parts .

  The apportionment of the deduction refers only to its maximum limit .

  In the case of marriage, regardless of the matrimonial economic regime, only the spouse or spouses who appear as tenants in the contract are entitled to deduction . See in this regard the Supreme Court Judgment No. 220/2009, of April 3 (Civil Division), issued in cassation appeal number 1200/2004 ( ROJ : STS 2464/2009).

• If only part of the amounts paid in the year for the rental of a primary residence is rented in a rural area, the applicable deduction for each type of rental may not exceed €1,500 jointly, given that it is a single deduction with increased limits for rentals in a rural area.

Once the taxpayers entitled to the deduction have entered the information required for its calculation, 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.