If you are thinking about buying a house or want to understand the tax implications of a home purchase, this page is a solid introduction to home buying and taxes.
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Homeowners 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.
Click here to see all the conditions to claim the Rs.2 lakhs rebate.
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.
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:
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.
Section 80EE, recently added to the Income Tax Act, provides first-time homeowners tax benefit of up to Rs.1,00,000.
Conditions to claim deduction under Section 80EE:
To claim this deduction:
Both resident individuals and NRIs can claim this deduction. The I-T Department has not specified if the house should be self-occupied to claim this deduction.
Note that this deduction can be spread over two financial years - FY 2013-14 and FY 2014-15.
Related Queries:
If you own more than one house, you need to file the ITR-2 form. Read our guide about it here.
| 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 |
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.
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:
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.
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:
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:
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:
Let us know at support@cleartax.in. We'll be happy to help you at any time.
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
The gross annual value of a self-occupied house is zero. It is the rent collected for a house on rent.
Property tax, when paid, is allowed as a deduction.
Net Annual Value = Gross Annual Value - Property Tax
A 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.
Deduction is allowed for Interest on home loan.
The resulting value is your income from house property. This is taxed at the slab rate applicable to you.
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 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.
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.
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.
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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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