Income under the House Properties – Computation, Deduction for interest on housing loan : Income Tax Act

Income under the House Properties – Computation, Deduction for interest on housing loan : Income Tax Act

Income under the House Properties – Computation, Deduction for
interest on housing loan : Income Tax Act
Income under the House Properties


2.1 Basis of Charge [Section 22]:
Income from house property shall be taxable under this head if following
conditions are satisfied:
a) The house property should consist of any building or land appurtenant
thereto;
b) The taxpayer should be the owner of the property;
c) The house property should not be used for the purpose of business or
profession carried on by the taxpayer.

2.2 Computation of income from house property:
Income from a house property shall be determined in the following manner:
Particulars Amount
Gross Annual Value
Less:
Municipal Taxes
Net Annual Value ****
Less:
Standard deduction at 30% [Section 24(a)]
Less:
Interest on borrowed capital [Section 24(b)]
Income from house property ****
2.3 Gross Annual value [Sec. 23(1)]
The Gross Annual Value of the house property shall be higher of following:
a) Expected rent, i.e., the sum for which the property might reasonably be
expected to be let out from year to year. Expected rent shall be higher of
municipal valuation or fair rent of the property, subject to maximum of
standard rent;
b) Rent actually received or receivable after excluding unrealized rent but
before deducting loss due to vacancy
Out of sum computed above, any loss incurred due to vacancy in the house
property shall be deducted and the remaining sum so computed shall be
deemed to the gross annual value.
2.4 Deductions:


Description Nature of Deductions
Municipal Taxes Municipal taxes including service-taxes levied by any local
authority in respect of house property is allowed as deduction,
if:

a) Taxes are borne by the owner; and

b) Taxes are actually paid by him during the year.

Standard Deduction[Section 24(a)] 30% of net annual value of the house property is allowed as
deduction if property is let-out during the previous year.
Interest on Borrowed Capital *

[Section 24(b)]
a) In respect of let-out property, actual interest incurred on
capital borrowed for the purpose of acquisition, construction,
repairing, re-construction shall be allowed as deduction
b) In respect of self-occupied residential house property,
interest incurred on capital borrowed for the purpose of
acquisition or construction of house property shall be allowed
as deduction up to Rs. 2 lakhs. The deduction shall be allowed
if capital is borrowed on or after 01-04-1999 and acquisition
or construction of house property is completed within 5 years.
c) In respect of self-occupied residential house property,
interest incurred on capital borrowed for the purpose of
reconstruction, repairs or renewals of a house property shall
be allowed as deduction up to Rs. 30,000.
* Any interest pertaining to the period prior to the year of acquisition/
construction of the house property shall be allowed as deduction in five
equal installments, beginning with the year in which the property was
acquired/ constructed.
* Deduction for interest on borrowed capital shall be limited to Rs. 30,000
in following circumstances:
a) If capital is borrowed before 01-04-1999 for the purpose of purchase or
construction of a house property;
b) If capital is borrowed on or after 01-04-1999 for the purpose of
re-construction, repairs or renewals of a house property;
c) If capital is borrowed on or after 01-04-1999 but construction of house
property is not completed within five years from end of the previous year
in which capital was borrowed.

2.4.1 Deduction for interest on housing loan [Section 80EE]
Deduction of up to Rs 50,000 shall be allowed to an Individual for interest
payable on loan taken for the purpose of acquisition of a house property
subject to following conditions:
a) Loan has been sanctioned by Financial institution during the financial
year 2016-17;
b) The amount of loan sanctioned does not exceed Rs 35,00,000;
c) The value of residential property does not exceed Rs 50,00,000;
d) The assessee does not own any residential house property on the date of
sanction of loan;
e) Where deduction has been allowed under this section, no deduction shall
be allowed in respect of such interest under any other provision.
2.5 Computation of Income from House Property


S. No. Property Type Gross Annual Value of the property Deduction for municipal taxes Net Annual Value of the property Standard Deduction Interest on borrowed capital
1. One self-occupied house property Nil Nil Nil Nil Deduction for interest on borrowed capital is allowed up to Rs.
30,000 or Rs. 2,00,000, as the case may be.
2. House property could not be occupied by the owner due to
employment or business carried on at any other place
Nil Nil Nil Nil Deduction for interest on borrowed capital is allowed up to Rs.
30,000 or Rs. 2,00,000, as the case may be.
3. Let out property To be computed as per provisions of Section 23(1) Allowed on actual payment basis Gross annual value lessMunicipal taxes 30% of Net Annual Value Entire amount of interest paid or payable on borrowed capital
shall be allowed as deduction. Pre-construction interest shall
be allowed as deduction in 5 annual equal installments (Subject
to certain conditions).
4. More than one-self occupied property Only one property selected by the taxpayer will be considered
as self-occupied house property and all other properties shall
be deemed to be let-out for the purpose of computation of
income under the head house property.
5. A self-occupied property let-out for the part of the year The house will be taken as let-out property and no concession
shall be available for the duration during which the property
was self-occupied.
6. One part of the property is let-out and other part is used for
self-occupied purposes
Each part of the property shall be considered as separate
property and income will be computed accordingly
2.6 Composite Rent:
If letting out of building along with movable assets i.e., machinery, plan,
furniture or fixtures, etc. forms part of a single transaction and are
inseparable, the composite rent shall be taxable under the head “Profits
and gains from business or profession” or “Income from other sources”, as
the case may be. On the other hand, if the letting out of building is
separable from letting of other assets, then income from letting out of
building shall be taxable under the head “Income from house property” and
income from letting out of other assets shall be taxable under the head
“Profits and gains from business or profession” or “Income from other
sources”, as the case may be.

2.7 Treatment of unrealized rent and arrears of rent [Explanation to
section 23(1)]
2.7.1 Deduction for unrealized rent:
Unrealized rent is that portion of rental income which the owner could not
realize from the tenant. Unrealized rent is allowed to be deducted from
actual rent received or receivable only if the following conditions are
satisfied:
a) The tenancy is bona fide;
b) The defaulting tenant has vacated, or steps have been taken to compel
him to vacate the property;
c) The defaulting tenant is not in occupation of any other property of the
assessee;
d) The taxpayer has taken all reasonable steps to institute legal
proceedings for the recovery of the unpaid rent or satisfies the Assessing
Officer that legal proceedings would be useless.

2.7.2 Arrears of rent or recovery of unrealized rent [Section 25A]
Amount received in respect of arrears of rent or any subsequent recovery of
unrealized rent shall be deemed to be the income of taxpayer under the head
“Income from house property” in the year in which such rent is realized or
received (whether or not the assessee is the owner of that property in that
year).
Further, 30% of such rent shall be allowed as deduction.
2.8 Co-owner and Deemed Owner
2.8.1 Property owned by co-owners [Section 26]:
If house property is owned by co-owners and their share in house property
is definite and ascertainable than the income of such house property will
be assessed in the hands of each co-owner separately. For the purpose of
computing income from house property, the annual value of the property will
be taken in proportion to their share in the property. In such a case, each
co-owner shall be entitled to claim benefit of self-occupied house property
in respect of their share in the property (subject to prescribed
conditions). However, where the shares of co-owners are not definite, the
income of the property shall be assessed as that of an Association of
persons.
2.8.2 Deemed owner [Section 27]:
Income from house property is taxable in the hands of its owner. However,
in the following cases, legal owner is not considered as the real owner of
the property and someone else is considered as the deemed owner of the
property to pay tax on income earned from such house property:
1. An individual, who transfers otherwise than for adequate consideration
any house property to his or her spouse, not being a transfer in connection
with an agreement to live apart, or to a minor child not being a married
daughter, shall be deemed to be the owner of the house property so
transferred;
2. The holder of an impartible estate shall be deemed to be the individual
owner of all the properties comprised in the estate;
3. A member of a co-operative society, company or other association of
persons to whom a building or part thereof is allotted or leased under a
house building scheme shall be deemed to be the owner of that building or
part thereof;
4. A person who is allowed to take or retain possession of any building or
part thereof in part performance of a contract of the nature referred to in
Section 53A of the Transfer of Property Act, 1882 shall be deemed to be the
owner of that building or part thereof;
5. A person who acquires any rights (excluding any rights by way of a lease
from month to month or for a period not exceeding one year) in or with
respect to any building or part thereof, by virtue of any such transaction
as is referred to in section 269UA(f), shall be deemed to be the owner of
that building or part thereof.

 [As amended by Finance Act, 2018]
Source: www.incometaxindia.gov.in

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