2023-09-13 23:41:23
After three weeks of debate, the senators signed two opinions to modify the Rental Law in a plenary session of commissions, which will soon go to the Senate to be discussed. The proposal that The most signatures it obtained was the official one, which proposes a long list of modifications to the project already approved by the Chamber of Deputies.
The opposition remained firm and supported without asking for changes the proposal that has the support of the Chamber of Deputies, a ruling that obtained the fewest signatures. In short, this proposes:
The opposition achieved the minority opinion, which proposes maintaining the modifications approved by the Chamber of DeputiesSoledad Aznarez – LA NACION
The ruling party, for its part, presented a new proposal for an opinion (the one that had been presented in Deputies in August did not achieve approval) that obtained the majority of signatures and that incorporates modifications to the project coming from the lower house.
Los senators They took into account the presentations made by real estate chambers and tenant federations to outline the changes that each party believes are necessary to recover the market. The main points that this new opinion seeks to modify are:
1. That the duration of the rental contracts be three years as established by the current law, and not two years as the project approved by Deputies says.
2. That the price of rent is updated at least every six months under agreement between the partiesinstead of quarterly updates as proposed by the minority opinion supported by the opposition.
3. That the value of the contracts be compulsorily adjusted from the Own House coefficient. This would replace the current Lease Contract Index (ICL) (which combines the variation in salaries and inflation in equal parts) and rejects the proposal approved by Deputies, which proposes that the index be freely agreed between the parties, which can be the aforementioned CPI, IPM or IS, prepared by the National Institute of Statistics and Censuses (INDEC) or a combination of said indices.
The Casa Propia index is used to update the installments for the loans of the Casa Propia and Procrear II housing programs. “This coefficient takes into account the lowest indicator between the average salary variation of the last year and the average inflation of the same period. Furthermore, by recognizing that the increase in salaries may vary depending on the branch of activity, it incorporates the Salary Variation Coefficient with a capacity of 0.9″, details the website of the Ministry of Territorial Development and Habitat, the entity that publishes the same. .
“To use This coefficient adds a layer of complexity to the problem because in the short term no one is going to understand how much the contract is going to increase. The ICL runs behind inflation because it is two months behind in its calculation, but if this is an average of the last 12 months, it will be much further behind. Making this decision is showing that They didn’t understand what is happening”says Federico González Rouco, an economist specialized in housing. It should be noted that the variation in salaries lags behind inflation, so the average salaries would always be used, the owners would lose even more profitability and the supply could deteriorate even further.
The ruling party’s proposed ruling managed to collect the largest number of signaturesSoledad Aznarez – LA NACION
4. Eliminates the possibility that owners can ask for months for advanced.
5. Maintains the obligation to register contracts with the AFIP as indicated by the current law, not with the changes proposed by the project approved by Deputies.
6. He adds that the rental advertisements must be made in national currency (pesos), in a context in which most advertisements are already published in dollars.
The project also proposes modify the definition of urgent repairs that determines the proposal signed by Deputies, incorporates an article referring to Income Tax which says that “the parties may deduct from the Income Tax the sum equivalent to 10% of the annual amount of leasing contracts” and adds to the tax incentives that “the income coming exclusively from the leasing of two properties will be exempt from paying monotax”.
In addition, leave some articles unchanged so that they remain as they were approved in the lower house. Among them is that related to Personal Property, tax on debits and credits and the final provisions.
The ruling party’s proposal proposes that the contracts last three years and be adjusted semiannually
The next step is the processing of the opinions in the Senate. As was the case with the Deputies, the majority opinion will be voted on first. If it obtains the necessary number of votes, it would return to the Lower House because it incorporates modifications to the project originally received. On the other hand, if it does not obtain the necessary votes, the minority opinion promoted by the opposition will be voted on. If this receives the green light, the project to modify the rental law would automatically become law because it already has the prior approval of Deputies.
For now there is nothing more than uncertainty about when it could be treated on site. When consulted about this issue, Daniel Bensusán (FdT La Pampa), president of the General Legislation Commission, indicated that hope it is treated as soon as possible. In the same session, the draft regulation of temporary rentals for tourist purposes that was approved on September 1 in another plenary session of commissions will also be discussed.
Conocé The Trust Project
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