The norm, in detail
Renting out and selling housing no longer pays income tax
Ley 27.802 Title XXIV + Decreto 406/2026 (Official Gazette Jun 1, 2026)
in forceNATIONAL
Fiscal and monetary anchor
Ley 27.802 exempts individuals' rental income and property sales from Income Tax; Decreto 406/2026 sets the conditions to use it.
What changed and who it applies to
What changed
The tax chapter of the Labor Modernization law (Ley 27.802, Title XXIV) exempts from income tax, for individuals and undivided estates, two kinds of real estate income; Decreto 406/2026 regulates the conditions by replacing Art. 83 of the implementing regulations (Decreto 862/2019) and adding two unnumbered articles: (1) LEASE/SUBLEASE for residential use ('casa-habitación') — exempt income (Art. 26(n) of the Income Tax Law), with no cap on the number of units ('it covers all the units the individual devotes to that use'), including furniture, fixtures and services paid by the tenant; 'casa-habitación' is defined as the property used as the sole, family, permanently occupied dwelling of the person living in it, and the exemption applies 'as long as the property serves exclusively as the casa-habitación of the respective tenant or subtenant'; (2) SALE of real estate and transfer of rights over real estate — the result is exempt when the transaction falls under Art. 99 of the Income Tax Law. Effective from Jan 1, 2026. verif Jun 1, 2026 ↗
In force
2026-01-01 (effects; decree published Jun 1, 2026) verif Jan 1, 2026 ↗
Are you in or out?
Owners who rent out housing (small landlords and multi-property owners, with no cap on units), sellers of real estate and assignors of rights over real estate (residents and non-residents), developers and real estate agencies. Negative flip side: legal entities that rent property to individuals cannot deduct those rents (a feature of the law per specialized press, not checked against the primary source ourselves). prob Jun 1, 2026 ↗
The norm
Ley 27.802 (Modernización Laboral, BO Mar 6, 2026), Title XXIV, Chapter II (art. 192) + Decreto 406/2026, issued on May 29, 2026 and published in the BO on Jun 1, 2026 (signed by Milei/Adorni/Caputo). The decree replaces art. 83 of the Income Tax regulation (Dto 862/2019) and adds two unnumbered articles following arts. 83 and 204. verif Jun 1, 2026 ↗
Our reading
Less tax on bricks, more bricks: removing income tax from rental income and home sales unlocks rental supply, formalizes the small landlord and revives the buy-and-sell market. Another installment of the piecemeal tax reform that rewards investing in real estate (R4 · opening and deregulation). thesis
Where it lands, province by province2
Neuquén The real estate market of the Vaca Muerta corridor (Añelo–Neuquén city) is among the tightest in the country: exempting rental income from income tax improves the return on building to rent precisely where the boom's housing deficit is a bottleneck (it connects with the housing/lodging niche of the induced economy). favorable without controls, supply responds to the boom thesis
Río Negro The same mechanism in the corridor's dormitory towns (Cipolletti, Allen, Fernández Oro) and the Alto Valle: more incentive to bring units into the formal rental market for the basin workforce living in Río Negro. favorable without controls, supply responds to the boom thesis
The other rules on this subject22
Fiscal Package: asset amnesty, moratorium and tax cutsLey 27.743 (Official Gazette Jul 8, 2024)in force
Fiscal anchor: surplus two years in a rowExecutive execution policy on the extended budget (Decreto 1131/2024)in force
Payment to holdouts: closing the 2001-default lawsuitsLey 27.818 (promulgated by Decreto 564/2026, Official Gazette Jul 1, 2026)in force
The "lock on the State": fiscal balance by lawLey 27.798 (2026 Budget), art. 1 — in force; the permanent "lock on the State" still a billpending
PAÍS Tax: it rose, fell and expiredDecreto 29/2023 + Decreto 777/2024 (expiry of Ley 27.541, 12/23/2024)in execution
Ignacio Aredez· Chief analyst
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