House Property and Taxes

Who is this guide for?

If you want to learn how to save tax on home loan interest, this guide is for you. It also talks about how to report home ownership in your income tax return.

The guide has examples that explain all about income taxes on house property.


Section I: Tax deductions on home loans

Get tax relief on your home loan EMI payments. This section has information related to tax deductions on:


Section II: Income from House Property

Know what your house property income is when:

  • you are renting your house
  • you and your family are living in the house
  • your house is vacant

 


Section III: Basics of house property taxes

Have all your basic queries about taxes answered here

Do you own more than one house?

If you own more than one house, you need to file the ITR-2 form.

Read our guide about it here

 

Major Change in house Property Applicable for FY 2017-18 as per Budget 2017

Reduction in Tax Benefit on Rented House Property

Till FY 2016-17 , there was no limit on Interest on home loan on Rented house that was allowed as deduction u/s sec 24. But from F.Y 2017 -18 onwards ,the amount of interest on home loan on rented house is restricted to the  extent to which loss from such house property does not exceed Rs 2lakhs.

To know more, Read the case of Rahul

Rahul has a rental income of Rs 40,000 per month and he is paying home loan interest of Rs 10 lakhs per annum.He has income from his remaining heads of Rs 12 lakhs per annum.

In the Financial year 2017-17, Rahul will face additional tax liability of Rs 82,300. Let’s understand how.

Income under the head House property

 F.Y 2016-17F.Y 2017-18
Rental Income
(40,000*12)
4,80,0004,80,000
Less : Municipal Taxes Paid 10,00010,000
less: Standard Deduction(30% * 4,80,000) 1,44,0001,44,000
Less: Interest on House loan 10,00,00010,00,000
Loss from house property eligible to be set off 6,74,000
(no limit)
2,00,000
(Since this is the maximum limit allowed )

 

Computation of Total Income

 F.Y 2016-17F.Y 2017-18Additional Tax liability for F.Y 2017-18
Income from remaining heads 12,00,000 12,00,000
Loss from House Property 6,74,000 2,00,000
Total taxable Income * 3,26,000 8,00,00082,300(excluding 3% cess)

* tax calculations assume no 80C deduction being claimed.

 

Section I:Tax deductions on home loans

1. Tax Deduction on Home Loan Interest: Section 24

 

Income from house propertyHomeowners can claim deduction of up to Rs.2 lakhs (Rs. 1,50,000 if you are filing returns for FY 2013-14) on their home loan interest if the owner or his family reside in the house property. The same treatment applies when the house is vacant. If you have rented out the property, the entire interest on the home loan is allowed as a deduction.

Your deduction on interest is limited to Rs.30,000 if you fail to meet any of the conditions given below for the Rs.2 lakh rebate.

 

See all the conditions to claim the Rs.2 lakhs rebate-

  1. The home loan must be for purchase and construction of a new property.
  2. The loan must be taken on or after 1 April, 1999.
  3. The purchase or construction must be completed within 3 years from the end of the financial year in which the loan was taken.

When is the deduction limited to Rs.30,000?

If the construction of the property is not completed within 3 years the deduction on home loan interest shall be limited to Rs 30,000. The period of 3 years is calculated from the end of the financial year in which loan was taken. So if loan was taken on 30th April 2015. The construction of the property should be completed by 31st March 2019. (This period has been extended to 5 years in Budget 2016 which is applicable from financial year 2016-17)

Also, where the loan has been taken for reconstruction, repairs or renewal, only Rs.30,000 shall be allowed as deduction.

Note: The deduction can only be claimed starting in the financial year in which the construction of the property is completed.

 

How do I claim tax deduction on a loan taken before the construction of the property is complete?

Deduction on home loan interest cannot be claimed when the house is under construction. It can be claimed only after the construction is finished. The period from borrowing money until construction of the house is completed is called pre-construction period.

Interest paid during this time can be claimed as tax deduction in five equal installments starting from the year in which the construction of the property is completed.

Understand pre-construction interest better with this example.


Note that a house doesn’t have to necessarily be occupied by the taxpayer for it to be considered a self-occupied house. Members of the family – spouse, parents and children – may also be living there.

If you own more than one house property, the I-T Department only counts one property as a self-occupied house. It treats all other houses as rented properties even if they are not rented at all. Rental income calculation is based on what rent a similar property in the area would earn.
Click here to know how he can claim deduction for interest on home loan. →


2. Tax Deduction on Principal Repayment:

Section 80C

The deduction to claim principal repayment is available for up to Rs. 1,50,000 within the overall limit of Section 80C in FY 2014-15 (Rs. 1,00,000 if you are filing returns for last financial year). Check the principal repayment amount with your lender or look at your loan installment details.

Conditions to claim this deduction

To qualify for this deduction:

  1. The home loan must be for purchase or construction of a new house property.
  2. The property must not be sold in five years from the time you took possession. Doing so will add back the deduction to your income again in the year you sell.

Stamp duty and registration charges

Stamp duty and registration charges and other expenses related directly to the transfer are also allowed as a deduction under Section 80C, subject to a maximum deduction amount of Rs.1,50,000. Claim these expenses in the same year you make the payment on them.


3. Tax Deduction for First-Time Homeowners: Section 80EE

Section 80EE, recently added to the Income Tax Act, provides first-time homeowners tax benefit of up to Rs.1,00,000.

Click here to read more.

Do you own more than one house?

If you own more than one house, you need to file the ITR-2 form. Read our guide about it here.

How your taxes changed from last year to now:

Deductions For FY ending
March 31, 2014
For FY ending
March 31, 2015
Deduction on home loan interest under Section 24 Rs. 1,50,000 Rs. 2,00,000
Deduction on principal repayment within the overall limit of Section 80C Rs. 1,00,000 Rs. 1,50,000

How to claim tax deductions on home loans?

  • The amount of deduction you can claim depends on the ownership share you have on the property.
  • The home loan must also be in your name. A co-borrower can claim these deductions too.
  • The home loan deduction can only be claimed from the financial year in which the construction is completed.
  • Submit your home loan interest certificate to your employer for him to adjust tax deductions at source accordingly. This document contains information on your ownership share, borrower details and EMI payments split into interest and principal.
  • Otherwise you may have to calculate the taxes on your own and claim the refund, if any, at the time of tax filing. It’s also possible that you may have to deposit the dues on your own if there is a tax payable.

If you are self-employed or a freelancer, you don’t have to submit these documents anywhere, not even to the I-T Department. You’ll need them to calculate your advance tax liability for every quarter. You must keep them safely to answer queries that may arise from the I-T Department and for your own records.

Tax benefits on home loan for joint owners

The joint owners, who are also co-borrowers of a self occupied house property can claim – deduction on interest on home loan up to Rs 2,00,000 each. And deduction on principal repayments, including deduction for stamp duty and registration charges under section 80C within the overall limit of Rs 1,50,000 for each of the joint owners. These deductions are allowed to be claimed in the same ratio as that of the ownership share in the property.

You may have taken the loan jointly, but unless you are an owner in the property – you are not entitled to the tax benefits. There have been situations where the property is owned by a parent and the parent and child together take up a loan which is paid off only by the child. In such a case the child, who is not a co-owner is devoid of the tax benefits on the home loan.

Can Anya claim a deduction on the interest and principal she pays on the home loan?

All the deductions related to home loan – interest Deduction under section 24 and principal repayments under section 80C are tied to ownership. Since Anya is not an owner or a co-owner in the property and the house is registered in only her mother’s name, she will not be able to claim any deductions on it, even if she is the one who is repaying the loan.

Therefore, to claim the tax benefits on the property:

  1. You must be a co-owner in the property
  2. You must be a co-borrower for the loan

Conditions to be met to claim tax benefits in FY 2014-15

Each co-owner, who is also a co-applicant in the loan, can claim a deduction of maximum Rs. 2,00,000 towards interest on the home loan in their Income Tax Return – where the property is the only property owned and it is self-occupied or is lying vacant. For a property which is given on rent the entire interest can be claimed as a deduction.

Each co-owner, can claim a deduction of maximum Rs 1,50,000 towards repayment of principal under section 80C. This is within the overall limit of Rs 1,50,000 of Section 80C. Therefore, as a family you will be able to take a larger tax benefit against the interest paid on the home loan when the property is jointly owned and your interest outgo is more than Rs 2,00,000 per year.

It’s important to note that the tax benefit of both the deduction on home loan interest and principal repayment under section 80C can only be claimed once the construction of the property is complete. These benefits are not available for an under construction property.

There may be a situation where you are paying the entire loan installment and the co-borrower is not contributing any payments. In such a case, you may claim the entire interest as a deduction in your Income Tax Return.


Can I claim both HRA and deduction on home loan?

Yes, you can enjoy both tax benefits if your employer provides you with a HRA component as part of your salary and you are repaying your home loan.

You work in a city; you are living in a rented accomodation and your bought a house in your home town

Arjun works in Gurgaon, but his wife and children live in Sonepat. He recently bought a house in Sonepat on a loan while he continues to live on rent.

Arjun can claim:

  • HRA for rent he pays for the house in Gurgaon,
  • and deduction on interest up to Rs 2,00,000 on the home loan

You live in a rented accommodation since your house is too small for your needs

Raghav lives in a rented house in Noida since his son’s school and his wife’s office are in Noida, his own house on the outskirts of Delhi is smaller and is lying vacant. He is paying interest on loan on his own house.

Raghav can claim:

  • HRA for rent he pays for the house in Noida,
  • and deduction on interest up to Rs 2,00,000 on the home loan

You live in a rented house; your own house is also let out

Neha recently bought a flat in Indore, though she lives and works in Bangalore. She has no plans of returning to Indore in the next five years so she gives that flat on rent. She lives on rent in Bangalore.

Neha can claim:

  • HRA rent she pays for house in Bangalore
  • Entire interest on the home loan fully exempt from tax

Don’t see what you came looking for?

Let us know at support@cleartax.in. We’ll be happy to help you at any time.

Section II:Income from House Property

Determine what your income from house property is.

The owner of a house property is taxed under the head ‘Income from House Property’ in his income tax return. Income from a property which is used for carrying on business or profession is not taxed under this head.

Steps to calculate income from house property

  1. Gross Annual Value of the propertyThe gross annual value of a self-occupied house is zero. It is the rent collected for a house on rent.
  2. Less: Property TaxProperty tax, when paid, is allowed as a deduction.
  3. Net Annual ValueNet Annual Value = Gross Annual Value – Property Tax
  4. Less: 30% standard deduction on NAVA standard 30% deduction on NAV is allowed as a deduction under Section 24 of the Income Tax Act. No other expenses such as painting and repairs can be claimed as tax relief beyond the 30% cap under this section.
  5. Less: Interest on home loanDeduction is allowed for Interest on home loan.
  6. Income from house propertyThe resulting value is your income from house property. This is taxed at the slab rate applicable to you.
  7. Loss from house propertySince the gross annual value of a self-occupied house is zero, claiming the deduction on home loan interest will result in a loss from house property. This loss can be adjusted against income from other heads.

Learn how ‘income from house property is added to your income when you are renting the house

When a property is let out, its gross annual value is the rental value of the property. The rental value must be higher than or equal to the reasonable rent of the property determined by the municipality.

Case Study: Aditya earns rental income from his house in Vizag. See how much he has to pay in taxes here.

What is your ‘income from house property’ when you/your family live(s) in it?

If you are using your property for residence throughout the year and it’s not let out or used for any other purpose, it is considered a self-occupied house property. The gross annual value of this property is zero. There is no income from your house property.

Note: Since the gross annual value of a self-occupied house is zero, claiming the deduction on home loan interest will result in a loss from house property. This loss can be adjusted against your income from other heads.
Click here to read how Suresh made a loss on his home property due to his home loan.

I own a house of two floors and run my business out of the Ground Floor. I live on the 1st Floor. How much will I pay in taxes?

The Ground Floor will not be taxed under “income from house property” head. It shall be taxed under Business & Profession head.The first floor will be treated as a self-occupied house property. Income from house property will be zero in this case.

A house has been self-occupied for six months and rented out for six months. What is its income?

Calculate the gross annual value of the property by finding out its reasonable rent and actual rent collected.

If Actual Rent is lower than Reasonable Rent, only because the house was vacant and not for any other reason, take actual rent collected as Gross Annual Value.

If Actual Rent is lower than Reasonable Rent because of other factors (say the tenant and the landlord are related), then take reasonable rent as GAV.

Would you like an expert to help you with your I-T returns?

Get help on your income taxes and tax filing. The experts can prepare your tax returns and e-file within 48 hours. Plans start at Rs.800 for taxpayers with income from house property.
Check out The Expert Assisted Plans →

 

Section III:Basics of house property taxes

What is a house property as per the Income Tax Act?

A house property could be your home, an office, a shop, a building or some land attached to the building say a parking lot. The Income Tax Act does not differentiate between a commercial and a residential property. All types of properties are taxed under the head ‘income from house property’ in the income tax return.

When a property is used for the purpose of business or profession or for carrying out freelancing work – it is taxed under the ‘income from business and profession’ head. Expenses on its repair and maintenance are allowed as business expenditure.


Who is an owner of a house property?

An owner for the purpose of income tax is its legal owner, someone who can exercise the rights of the owner in his own right and not on someone else’s behalf.

What does a self-occupied house property mean?

A self-occupied house property is used for one’s own residential purposes. This may be occupied by the taxpayer’s family – parents and/or spouse and children. A vacant house property is considered as self occupied for the purpose of Income Tax.

If more than one self-occupied house property is owned by the taxpayer, only one is considered and treated as a self-occupied property and the remaining are assumed to be let out. The choice of which property to choose as self-occupied is up to the taxpayer.

What does a let out house property mean?

A house property which is rented for the whole or a part of the year is considered a let out house property, according to the I-T Department.

How is an inherited property taxed?

I inherited a property from my father. Will the property value of the home be added to my income? Yes, you will be taxed just like if it were your own property. When you own more than one house property, only one house is treated as self-occupied house property according to the I-T Department while others are assumed and taxed as if they are on rent.

How are my income taxes affected when I sell an inherited property?
Just as if you have sold your own property.

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All Articles

  1. Here are the top 5 things you must know about the most common allowance i.e HRA. Know about how to claim HRA, what else required to claim HRA etc.
  2. Read the case study on deduction for pre construction interest. Check out how interest is calculated taking EMI into consideration.
  3. Know about income tax deductions under Section 24 from house property income. Find out the conditions for claiming Interest on home loan deduction.
  4. know about Tax benefit on Home loan, Housing loan interest deduction, Income Tax rebate on Home loan.Find out Income tax exemption and home loan tax benefit
  5. File Income Tax Returns online with ClearTax. ClearTax is fast, safe and very easy to use. Save money. ClearTax handles all cases of Income from Salary, Interest Income, Capital Gains, House Property, Business and Profession. ClearTax maximize your deductions by handling all deductions under Section 80 like section 80C, 80D, 80CCF, 80G, 80E, 80U and the rest. You can use your digital signature to e-file. Our products are trusted by hundreds of CAs and corporations for filing taxes and TDS.
  6. File Income Tax Returns online with ClearTax. ClearTax is fast, safe and very easy to use. Save money. ClearTax handles all cases of Income from Salary, Interest Income, Capital Gains, House Property, Business and Profession. ClearTax maximize your deductions by handling all deductions under Section 80 like section 80C, 80D, 80CCF, 80G, 80E, 80U and the rest. You can use your digital signature to e-file. Our products are trusted by hundreds of CAs and corporations for filing taxes and TDS.
  7. Pre-construction interest is deducted on home loan interest but can only be claimed after the house is finished. Read the guide to find out how you can claim pre-construction interest for your house.
  8. File Income Tax Returns online with ClearTax. ClearTax is fast, safe and very easy to use. Save money. ClearTax handles all cases of Income from Salary, Interest Income, Capital Gains, House Property, Business and Profession. ClearTax maximize your deductions by handling all deductions under Section 80 like section 80C, 80D, 80CCF, 80G, 80E, 80U and the rest. You can use your digital signature to e-file. Our products are trusted by hundreds of CAs and corporations for filing taxes and TDS.
  9. Stamp Duty and Registration charges of a house property can be claimed as a deduction under Section 80C. This tax benefit must be claimed in the same year the payment is made.
  10. Guide to understanding the implications of house property income and home loans on your taxes