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16th April 2022Deductible expense for rent reduction of commercial premises
Another of the keys of the 2021 Income Campaign in terms of rent is that a deductible expense is established for reductions in the rental of commercial premises.
Specifically, the Renta Web program includes new boxes to be able to apply the deductible expense for the reduction in rent for the lease of premises to SMEs and the self-employed during the first three months of 2021. In order to benefit from this possibility, "the lessor must inform separately in his statement of the amount of this deductible expense and the tax identification number of the tenant whose rent had been reduced.
This tax credit comes from the royal decree-law on urgent labor, tax and financial measures to reduce costs and support the tourism, hospitality and retail sectors, which the Government approved at the end of 2020.
In the event that the lessor is a natural person, and does not have the character of a large holder, the text sought to encourage the agreement with the tenant company through a tax credit: that the rental discount made between January and March 2021 be computed as deductible expense in personal income tax.
The royal decree-law specifically established that "the amount of the reduction in rental income that they had voluntarily agreed to as of March 14, 2020 corresponding to the monthly payments may be computed in 2021 for the calculation of the return on real estate capital as a deductible expense. accrued in the months of January, February and March 2021".
And it added that it would not be applicable "when the reduction in rental income is subsequently compensated by the tenant through increases in subsequent rents or other benefits or when the tenants are a person or entity related to the lessor in the sense of article 18 of the Corporation Tax Law or are linked to him by family ties, including the spouse, in direct or collateral line, by blood or by affinity up to the second degree inclusive".