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Rentals: A change in regulations favors self-employed individuals who are owners - Infobae
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Alquileres: un cambio en la reglamentación favorece a los monotributistas que son propietarios
La modificación eliminó el límite de tres propiedades para permanecer en el Régimen Simplificado. También hubo novedades recientes en favor de inquilinos
www.infobae.com
July 25, 2024
The amendment eliminated the limit of three properties to remain in the Simplified Regime. There were also recent developments in favor of tenants
By Jose Luis Cieri
The AFIP has been applying measures that attract the attention of both owners and tenants (Illustrative Image Infobae)
The Government published Decree 661/2024 , which regulated the provisions of the Basic Law, the tax package and the rental law for self-employed individuals. It establishes that all rental properties will be considered as a single operating unit, eliminating the limit of three properties to remain in the Simplified Regime.
Within the article on operating unit and economic activity, the concept of “Real estate for rent” was eliminated from the definition of operating unit, while it is clarified that in the case of condominium, it is only for movable property for rent.
In addition, those who rent up to two properties are exempt from the integrated tax, but not from the pension or social security contributions.
About rentals for self-employed workers
The decree establishes that all real estate leased by the small taxpayer, as well as all condominiums in which he participates, constitute a single operating unit. This applies to any use of the property and provided that the lease is supported by contracts duly registered as provided by the Federal Public Revenue Administration (AFIP).For properties whose contracts are not registered, each property or condominium will be considered as an independent operating unit.
“The leases must have registered contracts, because if this does not occur, they will be counted as each property separately. That is to say, if an owner owns 4 houses that he rents and does not register them with the AFIP, he is excluded from the flat tax for having more than 3 exploitation units; while if he complies with the regulations and records them in the Registry of Real Estate Leases (RELI) this does not occur,” Yanina Beade , head of the accounting firm of the same name and tax specialist, told Infobae.
Exemption for small owners
Taxpayers who are registered under the single tax exclusively as owners of real estate will be exempt from paying the integrated tax as long as they do not exceed two rental properties.The receipt of money from non-computable income such as salaries from employment or retirement will not prevent you from enjoying the benefit of this exemption.
Beade gave the example of “a self-employed person in category A who earns a rent of $300,000 per month, which represents $3,600,000 per year. If he has a registered contract, he will pay, starting in August 2024, about $9,800 for retirement (included in the Argentine Integrated Pension System, SIPA) and $13,800 for social security, totaling 23,600 pesos per month. On the other hand, if he is not registered, he must pay $26,600.”
Of course, "these values change depending on the category of the owner," he clarified.
Changes in the rental market
The repeal of the Rental Law promoted by the Javier Milei administration significantly modified the conditions of the real estate market.
The DNU modified the way rental agreements are signed, and experts suggest that everything be written down and clearly clarified in the contract signed by owners and tenants (Illustrative Image Infobae)
These changes include the elimination of limits on security deposits, flexibility in the requirements for guarantees by owners and the possibility of establishing quarterly or smaller increases in rental prices.
New rules
The DNU stipulates that the parties may agree on the return of the deposit without a state limit, and allows the return of the deposit to be made between 30 and 60 days after the delivery of the keys, as long as it has been previously agreed with the tenant.Now, self-employed taxpayers can rent out any number of properties without leaving the simplified regime by having more than three properties on the market and obtain exemption from the integrated self-employed tax if they do not exceed two apartments for rent, provided that the contracts are registered.
Deductions for landlords and tenants
A few days ago, the AFIP had also formalized another measure in favor of owners and tenants. It established new deductions and extensions that will impact the segment.According to General Resolution 5521/2024, a 10% Income Tax deduction of the total annual amount will be applied to owners and tenants who own properties rented as homes.
Beade explained that “for tenants, the resolution allows a 10% deduction on the amount of annual rent paid, with an established maximum limit. This deduction is added to the already known 40% on the amount of annual rent paid, provided that they do not exceed the amount of the non-taxable minimum.”
For property owners, the 10% deduction is applied to the gross income obtained from renting the property, provided that the rental contract is duly registered with the AFIP.
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