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V1954-18 2 July 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · deducción por alquiler

Deduction for rent not allowed if not named in lease contract

A taxpayer asks whether rent on their habitual residence can be deducted having paid rent to a parent's name. The DGT responds that only the party signing the lease can be considered a tenant.

The question raised

Question raised: Whether they would be entitled to claim the deduction for the rental of a primary residence

The DGT's ruling

To apply the deduction for the rental of a primary residence, the taxpayer must pay the rental amounts and be the lessee according to the contract. According to the doctrine of the Supreme Court, the status of lessee is held solely by the signatory of the contract. Therefore, if the contract is in the name of a third party, the payment of rent does not entitle one to the deduction.

Apply this to a real case

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

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