How the DGT's position has evolved
Current position
To apply the 90% reduction, it is necessary to formalize a new contract in a stressed residential market area. The initial rent must be more than 5% lower than the last rent of the previous contract. These requirements must be met at the time of the execution of the contract, and the reduction is maintained as long as the conditions of the stressed area persist.
The DGT's position has shifted from focusing on the continuity of contracts under the transitional regime of the LIRPF (Personal Income Tax Law) (rulings V2484-16 to V0327-21) to regulating the new requirements for the 90% reduction in stressed areas. While previously the aim was to protect the right to the deduction in the event of changes in ownership or expirations, the current criterion requires specific rent and location conditions for the new benefit.
Turning points
-
Introduces specific requirements for the 90% reduction, requiring an initial rent reduced by more than 5% compared to the previous one and location in a stressed residential market area.
Analysis based on 32 of 32 rulings with a stated position. Updated 24 September 2026.