A tax incentive on the reduction of the rent of commercial premises is approved. The idea is that since this rebate is only compulsory for large tenants, to encourage it on the part of the landlords. Referring to the rents of commercial premises and with effect from January 1, 2021.
Tax incentive on the reduction of the rent of commercial premises.
This tax incentive is introduced in article 13 of RDL 35/2020.
The amount of the agreed rebate may be computed as a deductible expense for the calculation of the real estate capital yield. Provided that such owners agree with their tenant a reduction in the rent for the months of January, February and/or March 2021.
This tax incentive may be applied by the owners of premises that meet the following requirements:
- They are individuals.
- They are not large holders. That is to say, owner of more than ten urban properties, excluding garages and storage rooms, or a constructed surface of more than 1,500 m2.
- They have a property rented for the exercise of some of the following activities:
- Restaurant and lodging.
- Travel agency.
- Discotheques, casinos, bingos.
- Hairdressing and beauty salon.
- Photography and photocopies.
- A new obligation of separate information is contemplated in its future declaration of the IRPF.
- The tax identification number of the lessee whose rent has been reduced must also be included.
- Prohibits the application of this deduction when the parties are commercially related. Article 18 of the Corporate Income Tax Law.
- Neither in the cases of persons related by kinship. Including the spouse, in direct or collateral line, consanguineous or by affinity up to the second degree inclusive.
- If the reductions affect periods other than the months of 2021 described above, this deduction will not be applicable.
- The tax incentive can only be applied when it is agreed to forgive (forfeit, waive) the monthly payments. Any other agreement will not give the right to benefit from this deduction. Such as moratoriums, bonuses linked to future considerations, etc.
We recommend that in any case, the agreement is recorded in a reliable way, in writing and if possible as an addendum to the contract in force.