Among the deductions that allow the invoice to be lowered with the Treasury, the rent for habitual residence stands out, although not all taxpayers who live as tenants can take advantage of this tax benefit. Therefore, in which cases is it possible to deduct the rental fees in the 2022 income statement?
The deduction for rental of the habitual residence was abolished on January 1, 2015 at the state level. However, there is a transitional regime by which some taxpayers can continue to benefit from it. The main requirement is to have a rental contract signed until December 31, 2014 and continue with the same rental contract, either through successive extensions or because another contract has been signed that is considered a continuation of the rental contract. initial.
How much can be deducted for rent statewide? 10.5% of the amounts paid during the tax period, although with the condition of not exceeding an income limit. “When the tax base is less than 17,707.20 euros, on a deduction base of 9,040 euros per year, a deduction of 10.05% can be applied,” explains Arturo Javier Jiménez Contento, director of the Study Office of the Spanish Association of Tax Advisors (AEDAF). Likewise, for income between 17,707.20 and 24,107.20 euros, the deduction is calculated as follows: 9,040 – [1.4125 X (tax base -17,707.20)]. “This formula will give us a deduction base on which to apply the 10.05% deduction,” he clarifies.
In this way, the maximum tax benefit will be for those taxpayers with a tax base of 17,707.20 euros, although a percentage of the quotas may also be deducted for those taxpayers with a tax base of up to 24,107.20. In the case of having several holders of the lease, the deduction must be apportioned between the parties.
As detailed by the Tax Agency, the tenant may deduct the expenses and taxes “that correspond to satisfy the landlord in his capacity as owner of the house and that, according to the conditions of the lease, are passed on to the tenant, such as community of owners and Real Estate Tax”. It may also be deducted, if the tenant also pays for it, the amount of the home insurance premium that covers the continent of the property.
In addition to the state deduction, most of the autonomous communities have tax benefits for renting a habitual residence, which are compatible with state deductions. In Catalonia, for example, it is allowed to deduct 10% of contributions in general for those taxpayers up to 32 years of age, or who have been unemployed for 183 days or more during the year, or also for those with a degree of disability equal to or greater than 65%, or those who are widowers aged 65 or greater. In these cases, the maximum limit to be deducted amounts to 300 euros per year, which will be 600 euros for taxpayers who belong to large or single-parent families.