I have an empty apartment where a relative lives; do I have to declare it?

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Mitu8990
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Joined: Tue Dec 24, 2024 10:42 am

I have an empty apartment where a relative lives; do I have to declare it?

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Flats used as a residence for a family member of the owner are normally declared in Income Tax as if they were empty, generating an imputation of income that is calculated in proportion to their cadastral value. However, it is important to know that this treatment is not correct. If I am the owner of a flat that is not my habitual residence and I transfer it as a residence to a third person, I must impute an income in Income Tax, whether this is actually produced or not.

The obligation to declare
The owner declares the flat in this way for fear that the Treasury will deduce that it is a hidden lease, unaware of the fiscal consequences that are given to this type of situation. Leasing in cases of kinship, understood as the situation in which a person allows a relative to live in a property of his property without charging rent, is not affected by the principle of onerousness ; that is, it is not understood that a rent payment is being made.
There is a box in the canada whatsapp number data Income Tax Return in which it is indicated that a property is leased to relatives. By checking it, a return is generated by default for the owner, the amount of which is similar to that which would be had if he declared it as imputed income : 2% of the cadastral value if it is not reviewed or 1.1% if it is. This will be the minimum return computable for income purposes.
The advantage of declaring the lease to family members in this way is that the owner of the property will be able to deduct the same expenses as if the property were rented to a third party : interest on loans in force for the purchase of the property; taxes incurred, maintenance costs, insurance, amortization...
These expenses may not under any circumstances reduce the minimum computable yield, but they may reduce the yield obtained from leasing other properties to third parties, if any. The expenses that remain unapplied may be deducted in the following four years . In this way, if the situation of the property changes and it is rented to third parties in subsequent years, the outstanding expenses incurred by the lease to family members may be deducted, provided that four years have not passed.
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