Skip to content
Back to index
V0540-25 28 March 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del capital inmobiliario

Reduction of 90% cannot be applied if new rent equals previous one

The consultant asks whether a 90% rent reduction can be applied when signing a new lease maintaining the current rent. The DGT responds that this is not possible because the law requires the new rent to be at least 5% below the previous contract's rent.

The question raised

Question posed: Whether there is a right to the housing lease reduction provided for in Article 23.2 a) of the LIRPF in the event that a new lease agreement is entered into, maintaining the rent of the contract dated April 1, 2024.

The DGT's ruling

To apply the 90% reduction provided for in Article 23.2 a) of the LIRPF, the new contract must be formalized in a stressed residential market area and the initial rent must be reduced by more than 5 percent compared to the last rent of the previous contract (applying its update clause). If the new contract maintains the current rent, this reduction requirement is not met.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

Email
Contact