- House property consists of any building or land attached to that building. The land may be in the form of a courtyard or compound forming part of the building.
- An open plot of land is not considered as House property
- House property includes flats, shops, office space, factory sheds & farm houses.
- Further, house property includes all type of house properties, i.e., residential houses, godowns, cinema building, workshop building, hotel building, etc.
- Assessee has to be the owner of the property
- The property is being used for any purpose other than for carrying out business & profession.
Income from House Property & Scenarios
Now there are two scenarios of income from house property:
- Income from self-occupied house property is the property which you are using as your own residence throughout the year without letting it out or using it for another purpose and since you are using the property for your own purpose, there will not be any income from the same property. Thus your income from self-occupied house property will always be NIL.
- Income from let out house property: In case if your property is let out, you will receive rent from your tenant(s). This rent income will be taxed as your income from house property. In short rental income received by the owner from letting out the house property will be taxed under income from house property.
|GROSS ANNUAL VALUE OF THE PROPERTY|
|Less: Municipal Taxes paid by owner|
|= Net Annual Value (Gross Annual Value – Property Tax)|
|Less: 30% standard deduction on NAV ( under Section 24(a) of the Income Tax Act)|
|Less: Interest on home loan (allowed under Section 24(b))|
|= Income from house property|
Income Tax Benefits on home loanTax benefit u/s 80CYou can claim home loan interest on any number of homes you own. The home loan benefits can be categorised into two parts, principal repayment and interest payment. Benefits for principal repayment are available u/s 80C and since the maximum deduction limit u/s 80C is Rs. 1,50,000 for AY 2018-19, you can not avail the benefits for more than Rs. 1,50,000.Tax deduction u/s 24The benefits for home loan interest payments are available u/s 24B and 80EE of the income tax act. As per income tax act, you can have
- Tax benefit on loan repayment of second house / Let-out property will be restricted to Rs 2 lakh per annum only (even if you have multiple house the limit is still going to be Rs 2 Lakh only and the ceiling limit is not per house property).
- The unclaimed loss if any will be carried forward to be set off against house property income of subsequent 8 years. In most of the cases, this can be treated as ‘dead loss‘.
- I believe that this is a major blow to the investors who have bought multiple houses on home loan(s) with an intention to save taxes alone.
- As of now (till FY 2016-17), interest paid on your housing loan is eligible for the following tax benefits ;
- Municipal taxes paid, 30% of the net annual income (standard deduction) and interest paid on the loan taken for that house are allowed as deductions.
- After these deductions, your rental income can be NIL or NEGATIVE and is called ‘loss from house property’ in the latter case.
- Such loss is currently allowed to be set off against other heads of income like Income from Salary or Business etc. which helps you to lower you tax liability substantially.
- The home loan should have been sanctioned during / after FY 2016-17.
- Loan amount should be less than Rs 35 Lakh.
- The value of the house should not be more than Rs 50 Lakh &
- The home buyer should not have any other existing residential house in his name.
New Section 80EEA for FY 2019-20 or AY 2020-21Besides the tax deductions under Section 80C and 24b, an individual can now claim up to Rs 1.5 lakh under Section 80EE from FY 2019-20 or AY 2020-21 onwards, subject to below conditions;
- The home loan should have been sanctioned between 1st April, 2019 to 31st March 2020.
- The Stamp duty value of the property should not exceed 45 Lakhs.
- Taxpayer should not own any other residential property on the date of loan sanction.
- This tax benefit will be available from 1st April 2020 (AY 2020-21) and till the end of the home loan tenure (closure).
- The total interest deduction is now Rs. 3.5 lakh (Rs 2 Lakh + Rs 1.5 Lakh).
- Budget 2019 – Rs 1.5 lakh Additional Income Tax deduction on affordable home loans | New Section 80EEA
- Under Construction House : How to claim tax deduction on Home Loan Interest payments?
- Self Occupied Property (SOP) & Tax implications
- Income Tax Deductions List FY 2018-19 | List of important Income Tax Exemptions for AY 2019-20