Tax Law 10/2022, of June 14, on urgent measures to promote building rehabilitation activity in the context of the Recovery, Transformation and Resilience Plan, which came into force on June 16, is the result of processing as a project of Law of Royal Decree-Law 19/2021, of October 5, which enables tax deductions and ways to facilitate access to financing, among other things.
The articles include the three reasons that justify the urgent and necessary adoption of the measures: the serious deterioration of the building stock in general and of housing in particular, the need for our country to respond quickly to the challenges in terms of rehabilitation and the opportunity to allocate a significant volume of resources from European funds in the short term.
The capacity of the communities
The text reinforces the capacity of the communities of owners to carry out works and actions that improve energy efficiency, lowering to a simple majority the necessary support in the communities of owners to approve the rehabilitation actions and request financing and public aid.
Tax
Regarding tax relief service incentives, a significant improvement is included in the treatment of rehabilitation aid, since it will not be included in the tax base of personal income when it has been granted through different aid programs, including programs of the aforementioned Royal Decree 853/2021, of October 5, which eliminates any type of fiscal impact for the recipient of the aid.
Actions that reduce the consumption
Auction for actions that reduce the consumption of non-renewable primary energy by 30%, or improve the qualification reaching the letters “A” or “B” in residential buildings.
Its application period is from the entry into force of the RDL on October 6, 2021, until December 31, 2023, and must be improvement actions that affect the building as a whole.
The new line of ICO guarantees
The aforementioned Royal Decree-Law 19/2021 established the creation of a line of guarantees for partial coverage by the State of the financing of rehabilitation works that contribute to the improvement of energy efficiency.
Legal tax modifications
Law 10/2022, of June 14, is the result of the passage through Parliament of Royal Decree-Law 19/2021, of October 5. Introduces improvements in Law 49/1960, of July 21, on the horizontal property, to facilitate decision-making in the communities of owners.
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Benefits under the law include the elimination of tax liabilities
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