When is it possible to deduct rental payments from the income?

One of the advantages of being a tenant and not an owner of an apartment until December 31, 2014 was that the rental payments were deductible in the income tax return.

Oliver Thansan
Oliver Thansan
08 April 2024 Monday 10:26
3 Reads
When is it possible to deduct rental payments from the income?

One of the advantages of being a tenant and not an owner of an apartment until December 31, 2014 was that the rental payments were deductible in the income tax return. Deduction that was eliminated from then on, although those who already enjoyed this tax benefit were able to continue doing so, although with conditions, as well as residents of some of the autonomous communities in which living as a rental still has a tax advantage.

As for the state deduction, it disappeared since January 1, 2015, although those who had been deducting rent on that date were able to take advantage of the transitional regime that allows them to continue enjoying it. Specifically, those who had signed the lease until 2014 and continue with the same contract, "either through successive extensions or by signing another contract that is considered a continuation of the initial lease."

In the latter case, for example, because the agreed conditions have been modified, such as the price, or because a new contract has occurred with a change of landlord due to the transfer of the home.

The taxpayer will also have the right to deduct the taxes when he had paid amounts on account of the rental of his habitual residence prior to January 1, 2015 even though the contract had not been concluded, or if it was signed before that date. , but in previous tax years the deduction would not have been applied "despite the requirements for its application having been met."

If they have the right to the deduction, the taxpayer may deduct 10.05% of the amounts paid for the rental of their habitual residence, provided that their tax base is less than 24,107.20 euros per year. In addition to the fees, the expenses and taxes that you must pay under the rental contract may be included, such as community of owners fees and the Real Estate Tax (IBI). He will also deduct the home insurance premium that covers the property's contents.

On the other hand, the amounts paid for the urban waste management fee, the amount of supplies for the rented home and expenses for small repairs required by wear and tear due to ordinary use of the home that must be assumed by the rented home will be excluded from the deduction. tenant.

Likewise, it must be taken into account that the maximum base of the deduction is 9,040 euros per year for taxpayers with a tax base equal to or less than 17,707.20 euros per year. While if this amounts to 24,107, 20 euros, the following formula must be applied to calculate the amount to be deducted: 9,040 - [1.4123 x (the tax base - 17,707.20)]. Thus, for example, a taxpayer with a tax base of 23,000 euros who had paid 9,000 euros in rent may reduce their income by 1,563.2 in rental payments.

Apart from the state deduction, eliminated for new contracts signed as of January 1, 2015, it is possible to deduct the rent of the habitual residence in the following autonomous communities by meeting certain requirements:

15 percent of the amounts paid for the rent of the taxpayer's habitual residence, with a maximum amount of 600 euros per year, in general, and 900 euros, in the event that the taxpayer is considered a person with a disability. This deduction is only applicable to those under 35 years of age or over 65 years of age, as well as people considered victims of sexist violence, victims or people affected by terrorism. Another limitation is that the general tax base and the savings base cannot exceed 25,000 euros in individual taxation or 30,000 euros in joint taxation.

10% of the amounts paid for the rental of the habitual residence linked to dada en pago transactions are deductible, with a maximum deduction base of 4,800 euros per year. The taxpayer's tax base cannot exceed €15,000 in individual taxation or €25,000 in joint taxation.

Residents in the community can deduct 10% of the amounts paid for renting the taxpayer's habitual residence, with a maximum of 500 euros, both in individual and joint taxation. This percentage rises to 20% when the tenants are young people up to 35 years old, as long as they meet the maximum income requirements that entitle them to the deduction. The same percentage may also be deducted by residents in councils at risk of depopulation, with a limit of 1,000 euros, both in individual and joint taxation.

The community has two deductions for renting a habitual residence. One of them is intended for taxpayers who belong to certain groups, such as being less than 36 years old or more than 65 years old, or having a recognized disability equal to or greater than 33%. The second deduction granted by the Balearic Islands is for the expenses paid as rental income for housing due to the temporary transfer from your island of residence to another island of the archipelago within the same employment relationship.

Likewise, the Canary Islands contemplate a deduction of 24% of the amounts paid for the rental of the habitual residence, with a maximum amount of 720 euros per year, meeting the requirements. When the lease is linked to certain payment transactions, the deduction increases to 25% of the amounts paid for the rental.

The community has a deduction of 10% of the amounts paid for the rental of the habitual residence, with a maximum limit of 300 euros per year in individual taxation or 600 euros per year in joint taxation, which requires that at least one of the filers meet the requirements for the application of the deduction, such as being less than 35 years old or more than 65 years old, or being a person with a physical, mental or sensory disability with a degree of disability equal to or greater than 65%.

In addition, taxpayers who reside in Cantabria may deduct the rent for a habitual residence located in an area of ​​demographic challenge. The list of municipalities in which the measure is applied can be consulted here.

Castilla-La Mancha joins the list of communities that offer tax advantages to young people, in their case those under 36 years of age, when renting a primary residence, as well as those that also deduct rental fees linked to certain operations of dation in payment. The community also deducts rent tax for large and single-parent families, as well as people with a disability equal to or greater than 65%, as long as they meet certain requirements. For example, the taxpayer's tax base does not exceed the amount of 12,500 euros (individual taxation) or 25,000 euros (joint taxation).

For its part, the community of Castilla y León allows a tax deduction of 20% of the amounts paid for rent of the habitual residence in Castilla y León, with a limit of 459 euros, and up to 25%, with the limit of 612 euros, when the habitual residence is located in a municipality or in a local entity that does not exceed 10,000 inhabitants, in general, or 3,000 inhabitants if it is less than 30 kilometers from the capital of the province. The deduction is intended for those under 36 years of age with a tax base of 18,900 euros in individual taxation or 31,500 euros in joint taxation.

In Catalonia it is also possible to deduct 10% of the amounts paid for renting the habitual residence, with a maximum limit of between 300 and 600 euros, if the taxpayer is in any of the following situations: under 33 years of age , have been unemployed for 183 days or more during the year, have a degree of disability equal to or greater than 65% or are widowed and over 65 years of age. Likewise, large and single-parent families that meet certain requirements will be entitled to the deduction.

In this community, taxpayers under 36 years of age can deduct the rental fees for their primary residence. Specifically, 30% of the amounts paid for this concept, with a limit of 1,000 euros per year, extendable to 1,500 euros if the real estate is located in rural areas, that is, in municipalities and local entities with a population of less than 3,000 inhabitants. In addition, the deduction is conditioned to age requirements, family and personal situation and income level.

Deduction similar to the one that residents of Galicia can apply to their income, a community in which up to 20% of the amounts paid for renting their primary residence are deducted if certain income, age, and personal and family condition requirements are met.

Residents in the Community of Madrid also have a rental deduction, from which those under 35 years of age and unemployed people with family responsibilities can benefit. Likewise, certain requirements must be met and a maximum of 30% of the amounts paid for this concept may be deducted, up to a limit of 1,237.20 euros.

In Murcia, those under 35 years of age, over 65 years of age, large families and people with disabilities - of at least 65% - have the right to deduct 10% for renting the taxpayer's habitual residence, with a maximum deduction amount of 300 euros per year per contract and with an income limit.

For its part, La Rioja applies a deduction for renting a habitual residence for taxpayers under 36 years of age who meet certain requirements, which may deduct 10% of the non-subsidized amounts paid for this concept, up to a maximum annual amount of 300 euros per leasing contract. The percentage reaches 20% if the home is located in one of these municipalities. The maximum annual amount will be 300 euros per lease contract, both in individual and joint taxation.

The community grants a deduction to its taxpayers for leasing or payment for the transfer of use of a habitual residence. To benefit from this tax incentive, it is necessary for the tenant to meet certain age and family and personal situation requirements. Added to this deduction is another similar one that can be applied in the income tax return by people who have rented a home as a result of carrying out an activity, self-employed or employed, in a municipality other than the one in which they resided with anteriority. They will be able to benefit from it as long as they meet certain requirements, such as that their tax base does not exceed 30,000 euros in an individual return or 47,000 euros in a joint return.