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V0638-19 26 March 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · deducción por alquiler

Deduction for rental of habitual home can be maintained after new contract

The consultant asks whether the deduction for rental of habitual housing can be applied after signing a new lease with a different landlord and higher rent. The DGT responds that the new contract is considered a continuation of the previous one for the purposes of the transitional provision.

The question raised

Question posed: Whether the deduction for the rental of a primary residence could continue to be applied.

The DGT's ruling

The deduction for the rental of a primary residence may be applied if the transitional regime of the fifteenth transitional provision of the Personal Income Tax Law (LIRPF) is met. A new contract entered into with a new owner is considered, for the exclusive purposes of said provision, as a continuation of the previous one. Therefore, the signing of a new contract does not prevent the right to continue applying the deduction.

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