Nacionales; Diputados convirtió en ley la reforma de Alquileres
La iniciativa se aprobó pasadas las 5 de la madrugada, con 128 votos a favor, 114 en contra y ninguna abstención. Votaron a favor diputados del Frente de Todos (FdT), el Movimiento Popular Neuquino, dos legisladores de Identidad Bonaerense, dos socialistas, una de Córdoba Federal, uno de Juntos por Rio Negro, dos del Frente de la Concordia y cuatro de izquierda.
Al fundamentar su voto, el diputado del FdT Lucas Godoy consideró que la ley de alquileres “repercute en la vida de alrededor de 8 millones de personas” y remarcó que el contrato de alquiler “nunca tuvo ni tendrá una relación paritaria de igualdad de partes”, razón por la cual “la ley debe entonces amparar y equilibrar las condiciones de los contratantes”.
Por su parte, la secretaria parlamentaria del bloque del oficialismo, Paula Penacca, afirmó que “con la ley aprobada en el Senado se mejora la situación de los inquilinos”.
¿Quienes votaron en contra? Los diputados de Juntos por el Cambio, los tres libertarios que responden a Javier Milei, uno de Juntos por Rio Negro, una de Identidad Bonaerense y uno de Córdoba Federal.
A su turno, el diputado del Pro Pablo Tonelli argumentó su rechazo al proyecto impulsado por el oficialismo al señalar que “la aplicación de la ley provocó una enorme retracción en la oferta de viviendas para alquilar. Esto perjudica a los inquilinos dada la escasez de la oferta, les impide negociar en igualdad de condiciones los términos del contrato”.
Las claves de la nueva ley de Alquileres
Duración de los contratos: se mantienen los 3 años.
Actualización semestral: la reforma establece un intervalo mínimo de seis meses para la actualización de los precios, a diferencia de la norma que estaba vigente que permitía una sola actualización anual.
Fórmula para actualizar los alquileres: los precios de los alquileres se actualizarán en base al coeficiente de “Casa Propia” utilizado por el Ministerio de Desarrollo Territorial y Hábitat. Este índice estará “conformado por la menor variación que surja de comparar el promedio del 0,9 de la variación del Coeficiente de Variación Salarial publicado por el INDEC, y la variación del Coeficiente de Estabilización de Referencia publicado por el Banco Central de la República Argentina”.
Pesos: la ley aprobada aclara que el precio de los contratos debe establecerse en moneda nacional. Tampoco la publicidad de los inmuebles en alquiler puede expresarse en otra moneda que no sea en pesos.
Anticipos: se mantiene el tope de un mes para los anticipos
Incentivo fiscal al monotributo: se dispone que “los ingresos provenientes exclusivamente de la locación de hasta dos inmuebles estarán exentos del pago del monotributo”.
Exención de Bienes Personales y de Impuesto al Cheque: se mantiene la exención de Bienes Personales a los inmuebles destinados a alquiler para vivienda habitacional y la exención del impuesto al cheque para aquellas cajas de ahorro o cuentas corrientes “utilizadas en forma exclusiva para las operaciones inherentes a la actividad de locación de inmuebles con destino casa-habitación, cuyos contratos se encuentren debidamente registrados”.
Ganancias: se estableció que “las partes podrán deducir del impuesto a las Ganancias la suma equivalente al 10% del monto anual del contrato de locación”.
¿Qué es el índice Casa Propia?
El índice Casa Propia es un indicador desarrollado por el Ministerio de Desarrollo Territorial y Hábitat que se usa desde 2021 para calcular la actualización de las cuotas de los créditos hipotecarios Casa Propia y Procrear II.
La fórmula tiene en cuenta el menor indicador entre el promedio de la variación salarial del último año y el promedio de la inflación del mismo período.
“En este sentido, la fórmula acompaña la voluntad del Gobierno Nacional de alcanzar un horizonte donde el crecimiento del salario acompañe el sueño de la Casa Propia”, indica la cartera que conduce Santiago Maggiotti en la sección de “preguntas frecuentes” de un documento sobre este coeficiente.
Además, la fórmula Casa Propia incorpora el Coeficiente de Variación Salarial con un aforo igual al 0,9. Es decir que en lugar de reflejar el promedio de la variación salarial en su totalidad, solo lo hará en un 90%.
Al tener en cuenta el promedio de los últimos doce meses en lo que respecta a la variación salarial (CVS) -y no la variación de un único mes- promueve una mayor estabilidad en la actualización de las cuotas, ya que contribuye a moderar el impacto de eventuales hitos en la evolución de los salarios que respondan a períodos puntuales.
¿Qué pagará el inquilino?
Cuando la nueva ley de alquileres entre en vigencia, el inquilino deberá contemplar que la fórmula Casa Propia para calcular las subas del alquiler.
Para hacer este cálcul, será necesario tomar los valores del coeficiente Casa Propia de los últimos seis meses, multiplicarlos entre sí, y a ese resultado, multiplicarlo por el número de la cuota de alquiler vigente.
A modo de ejemplo se puede utilizar el caso de una persona que desde mayo de 2023 pagó un alquiler de $70.000 y necesita saber cuánto tiene que abonar desde noviembre 2023 (en la actualización semestral)
1. El inquilino deberá ingresar a la página web del Gobierno para ver cuáles fueron los últimos seis valores del índice Casa Propia.
2. Luego, tendrá que multiplicarlos entre sí. En este caso, la cuenta que realizará (según los valores oficiales publicados) es 1.0522 x 1.0557x 1.1.0558 x 1.0571 x 1.0576 x 1.0628.
3. Posteriormente, deberá multiplicar el resultado por los $70.000.
4. Ese inquilino deberá empezar a pagar desde noviembre 2023 $97.545 durante seis meses.
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