The Government of Javier Milei regulated the elimination of the Income Tax for the collection of rents intended for housing and for the profits obtained from the sale of real estate. The measure was formalized through a decree published in the Official Bulletin, which modified the regulations of the Income Tax Law and specified the scope of the new exemptions for rentals and real estate transactions.
The new regulation establishes that profits derived from the leasing or subleasing of properties intended for “residential housing” will be exempt from the tax for fiscal periods starting from January 1, 2026. In practice, this means that income obtained from renting permanent housing will no longer be subject to Income Tax.
The decree defines “residential housing” as the property intended for the unique, family, and permanent occupation of the person living in it. Additionally, it clarifies that the exemption is not limited to rent in the strict sense, but also includes amounts charged for furniture, accessories, or other services included in the lease agreement.
One of the most relevant points of the measure is that the benefit will apply to all units that an individual or an undivided estate rents exclusively for housing. That is, the exemption is not lost for having more than one rental property, as long as the properties are intended for residential housing.
The regulation also specifies that the benefit will apply regardless of the date the contract was signed, as long as the rents are accrued from January 2026 onwards. In this way, the Government seeks to provide legal certainty regarding the temporal scope of the measure and avoid gray areas in the application of the new scheme.
