Last week, Mr Nilesh Jivani has asked very interesting 10 queries about how to treat House property Income in Income Tax return ,we have t...
Last week, Mr Nilesh Jivani has asked very interesting 10 queries about how to treat House property Income in Income Tax return ,we have tried to reply these queries here under and sharing with you as these may beneficial for all.
Before going through specific query/answer ,please check basic concept of annual let out value(ALV).
Before going through specific query/answer ,please check basic concept of annual let out value(ALV).
ALV to be calculated as under:
1. Where RC Act applicable
(i)Standard rent under the Rent Control Act; or
(ii)Actual rent received
whichever is higher
2 Where RC Act is not applicable:
(i) Municipal Value or
(ii) Fair Rent or
(iii) Rent Received
(ii) Fair Rent or
(iii) Rent Received
whichever is higher
-----------------------------------
Further If the property was let and was vacant during a part of the year and due to such vacancy the rent received is less than FMV , then such rent received.
Further If the property was let and was vacant during a part of the year and due to such vacancy the rent received is less than FMV , then such rent received.
In the case of let out properties, unrealised rent shall be excluded from the rent received/receivable to arrive at AV (you may check House property at a glance)
===========================================
Qus1. If you going to fill your ITR by efiling mode than there is no need to give any documents than how income tax department come know that at what date you got possession with registration ?
Ans: Yes ,Return are now annexure less and no document is to be attached with Income tax return . Not only in case e filing of Income tax return but this is also applicable in case of paper(manual) return filing .However all the data filed in the Income tax return should be correct as Income tax department (assessing officer) may call data for verification. Every Year few % of return are selected for scrutiny of Income by the department . These returns are selected on basis of criteria set by Department. So while filing return you should keep in mind that your return may come under scrutiny also.
Qus 2 I have two houses and both are rented while I am living in govt quarter so do not get HRA in salary. In this situation which ITR form need to be fill for ITR ?
Ans.With the given data ,you have to File ITR-2. Income Tax return form ITR-1 (Sahaj ) can be used where there is income from one House Only.
Qus 3. One house is with my name and other flat is registered with name of myself and my spouse.In registration share of partnership is not defined. Whole EMIs (of both houses) are paid by me. Now My wife has started to give coaching, but she is earning only 50000 RS per years and she is also going to fill ITR from this assessment year. She will not claim any interest benefit. Can I get interest lost benifit for both houses ? Even my wife is co-applicant in one flat, can I claim 100% interest loss for that property as I am paying 100 % EMI ? What is method to convey to ITD as I am going to opt e filing process ? Pl suggest best way in which I get maximum benefits.
Ans. From the Information given by you it is understood that though the Flat in Joint name but the payment has been(are /will be) paid by you and your wife has not contributed any money in the Flat purchasing .
As per section 27(i) of the income tax act ,ownership shall be deemed for taxing income from house property :
(i)When house property is transferred to spouse (otherwise than in connection with an agreement to live apart) or minor child (not being a married daughter) without adequate consideration (Section 27(i))
so if house is transferred to wife/Husband without any consideration then Husband/wife remains the deemed owner of the house and income from house property will be added in transferor's income.
In you case you have given your wife name in flat for your convenience and you have contributed full money in the flat and you become the deemed owner as per Section 27 of the income tax act . So as per this Section full(100%) Income from house /Flat is to be added in your income. Income here means loss also.
So as per explanation given above you can / have to claim full interest of both the houses in your Income.
Further as your wife is also earning now however you should not take contribution in the house from her. Let her invest money with her own choice . If you need money for repaying loan then you can take loan from her that may be without interest.
Qus 4. We could not rented both houses through out 12 month because of 11 month agreement we are generally doing. So practically we got 10 to 11 month rents. How it can be reflected in ITR form ?
Ans :If due to vacancy , the annual rent received is lower than the expected rent, then the annual rent realized is taken as the gross annual value. However , this rule will be applicable only if the decline is only because of the vacancy .As your houses are rented only for 10-11 months so actual rent received will be the annual value .(read answer 7 also)
Qus 5. I requested to go through the HP(House property) schedule of ITR-2 and suggest how to fill as per my above situation.
Ans: Read this answer in the end .
Qus 6. Can I get benefit interest loss of 300000 by both ITR(my & my spouse) as per above situation ?
Ans: The maximum benefit for minus income from Interest on house loan in respect of self occupied house is Rs 150000 and it is available for one House only . But this restriction is applicable only for Self occupied House only not on let out house.In present case both houses are let out so as per rule you can deduct/claim actual interest accrued in the loans accounts without any limit .(check example for two or more house)
Further as explained above you are deemed owner of the house as per Section 27 so no benefit is available to your wife .Moreover it is in your overall interest that all the negative house property income is to be added in your income as it will reduce your overall tax liability and as per rules also you have to show 100% income from both the houses in your hand.(employer can also adjust loss from rented property)
Further as explained above you are deemed owner of the house as per Section 27 so no benefit is available to your wife .Moreover it is in your overall interest that all the negative house property income is to be added in your income as it will reduce your overall tax liability and as per rules also you have to show 100% income from both the houses in your hand.(employer can also adjust loss from rented property)
Interest on self occupied house property details available here
House property House loan section 80C repayment benefit
Qus 7. what is notional rent ?
Ans : In respect of a let out house property , the rent received is usually taken as the annual lettable value. When, however , the rent is not indicative of the actual earning capacity of the house(e.g. in case where the tenancy is affected by manipulation, emer gency , close relationship or such other consideration), the notional annual value will have to be found and adopted. The standard rent would be the Annual Value in the case of properties, subject to Rent Control Legislation,.However , when the actual rent received or receivable is higher than the notional value as calculated above, the higher figure will be taken for the purpose of Income-tax.
so where the actual rent received has not taken for Income then it is called Notional (not actual) rent.
Qus 8. As I am not living in my any of the houses could I get benefits 80 C ?
Ans: Yes, 80C benefit is available to you. 80C benefit is available where house loan is taken from specified institutions ( Banks are covered ) and income of house is covered under "income from house property".As you have fulfilled the conditions specified under 80C, so you can claim deduction under section 80C.
Qus 9. What is the meaning of ” letable value\rent received or rent receivable” ? Which is ask in ITR-2.
Ans :For example, in case of a house, whose municipal valuation is Rs. 24,000/- and actual rent received is Rs. 36,000/- the annual lettable value will be taken at Rs.36,000/-. If the actual rent received is Rs. 18,000/- and municipal valuation is Rs.24,000/-, the annual value would be Rs. 24,000/- for the purpose of the Income-tax Act. Here, if the property was vacant for six months and the rent received is Rs. 18,000/- for six months the Annual Value shall be Rs. 18,000/-
Qus 10. What is the meaning of ” the amount of rent which can not be realised ? which is shown in ITR-2 form.
Ans :The amount of rent which can not be realised means Unrealised rent
Unrealised rent (which the owner could not realize/recovered) shall be excluded from rent received/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 assessee 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.
Unrealised rent subsequently recovered would be taxable in the year of receipt. It has been mentioned earlier that basic requirement for assessment of property income is the ownership of the property . However , in the cases where unrealised rent is subsequently realised, it is not necessary that the assessee continues to be the owner of the property in the year of receipt also.
Qus 5. I requested to go through the HP(House property) schedule of ITR-2 and suggest how to fill as per above situation.
Ans: As a layman some of things are confusing to you so Practically read Annual Value as actual rent receivable minus rent unrecoverable. Most of these provision Standard rent , Municipal value, fair value is applicable where person is tried to hide something.
Qus 5. I requested to go through the HP(House property) schedule of ITR-2 and suggest how to fill as per above situation.
In ITR you should show figures as under.
In case of first property you are 100% legal owner , but in second case you are not legal owner but deemed owner under income tax act . So in both case show
1a Annual letable value/ rent received or receivable (higher if let out for whole of the year, lower if let out for part of the year) : The Rent (amount) received from the let out property
1b The amount of rent which cannot be realized : If there is Bad debts from the rent amount included in above (a)
1c Tax paid to local authorities : If property tax has been paid during the year irrespective of the period (amount due can not be deducted actual payment must)
1d Total (1b + 1c) : Auto total
1e Balance (1a – 1d) :Auto total
1f 30% of 1e :Auto calculation
1g Interest payable on borrowed capital : Interest accrued (100%) on house loan . This amount can not be 150000 in case of self occupied house.But in your case amount is without any limit.
Total (1f + 1g) :Auto calculation
i Income from house property 1 (1e – 1h) :Automatic total
Hi,
ReplyDeleteI have one confusion and want clarification.
Scenario is :
Husband and wife both are working and individual TAX payer. Both are the owner (co-owner) of the property and sharing home loan payment in 50:50 ratio. The interest component is more than 3L in total.
In this case, can both claim deduction of 1.5L EACH (given both are tax payer, and total outgo more than 3L).
Also, for showing that both share 50:50, do we need to have some agreement on stamp paper (as i read somewhere).
I share is not shown then it is assumed as 50-50.But it better to have some record. Further loan repayment should also be paid equally by both Husband and wife.
DeleteRegarding interest, yes ,Both can claim 1.5 each.
I got LIC loan to purchase a flat. They gave 10 lacks 1st installment. Now I paid Rs.11000 for 1st installment past three months. flat is not completed. loan is not given fully . is the interest may deduct for income tax
ReplyDeleteNo benefit till house completed
DeleteI have two properties of which one is self occupied and other is rented out. But for tax purposes , is it possible to consider the self occupied as rented out (as this results in lesser tax outgo) and vice versa?
ReplyDeleteNo ,you can't .If both are self occupied then you can select which is to be shown as self occupied and which is to be treated as deemed let out
Deletehi i have a homeloan and its not selfoccupied,my parents are staying in it and i am staying in a rented house, so wanted to claim both hra and loan interest amount while efiling tax.
ReplyDeleteAlso as my parents are staying i am not getting any rent from that house so how much should i deduct from interest amount.
If your parents are living in it then it will be treated as self occupied and interest is allowed maximum up to 1.5 lakh per year but you should check interest accrued in your account for the financial year and should claim interest due in home loan account whether paid or not during the year.
DeleteHusband and wife both are working and individual TAX payer. Both are the owner (co-owner) of the property and sharing home loan payment in 50:50 ratio. The interest component is more than 3L in total.
ReplyDeleteIn this case, can both claim deduction of 1.5L EACH (given both are tax payer, and total outgo more than 3L). Please give the relevant section of IT Act or any instruction/circular/notification in this reagrd.
As per section 26 , Income of Co owner is to be divided between them in the ratio of their share in property .
DeleteFurther Interest from house loan is form of negative income of House property.
So Co owner can divided house loan interest and can claim 1.5 lakh each .
"Where property consisting of building or buildings and
lands apprutenant thereto is owned by two or more
persons and their respective shares are definite and
ascertainable, such persons shall not in respect of such
property be assessed as an association of persons, but the
share of each such person in the income from the
property as computed in accordance with sections 22 to
25 shall be included in his total income.
Explanation.-For the purposes of this section, in applying the
provisions of sub-section (2) of section 23 for computing the
share of each such person as is referred to in this section, such share shall be computed, as if each such person is individually entitled to the relief provided in that sub-section."
Great post! I’ve been trying all the above advice and, little by little, it seems to work!
ReplyDeleteThanks again for posting!
Hi,
ReplyDeleteCurrently I am staying in Bangalore in a rented house and showing the HRA.
I have purchased two houses in my home town Lucknow and BOTH ARE ON RENT. The Loan Details are as below
House 1:
Loan : 20 lac
Rent Getting : 60,000/year
Loan tenure 20 years
Interest paying : 2,00,000/ year
Principal : 30,000/year
House 2:
Loan : 40 lac
Rent Getting : 1,50,000/year
Loan tenure 20 years
Interest paying : 4,00,000/year
Principal : 60,000/year
I am in 30% tax bracket. So, which house should I show as self occupied and which one for rent to get the maximum tax benefit ?
Because as far as I know rented house gets full interest amount under tax benefit.
Please advise.
1. You should be able to claim 6 lakhs as interest against your let out properties, also you need to the show the income earned from the let out propoerty.
Delete2. For your Bangalore rented house, it would be a typical rented house calculation. It should not be linked to the purchased houses at your hometown.
Home this helps. Enjoy is tax savings.
Hi,
ReplyDeleteI have a house in Noida which is on rent(purchased on housing Loan)and currently I am on rent in my workplace Pune.
The interest amount is 3.2 lpa (approx)
Can I show the full interest amount as tax benefit because the house is on rent?
I am an NRI and live abroad. My property was vaccant for 4 months. can I declare it as self occupied for that period ?
ReplyDeleteHi,
ReplyDeleteI have a house in Bangalore and staying on rent in Delhi. I dont want to let out the property but want to get the tax benefit under loss from property as I am paying 2.5 lakhs interest per annum. Can I show some average rent of that area and deduct it from total interest as it will be more benefited comapred to self occupied (1.5 lakhs)?
good thinking ,but there is no such rule ,so you should declare it as let out in paper
Deleteyes there is an option in income tax laws where you can show it as rented even though it is closed. Rental calculation will be based on municipal rented value
Deletethanks for the reply... how can i know muncipal value of my house? is there any website where i can go and see the municipal value of the are where my house is?
DeleteI think ,you should go for fair rent in that particular area
DeleteHello, I have a house in Delhi and I work in Mumbai. My wife is a housewfe. My house is registered in both of our names but all the bank EMIs are paid by me. Rental agreement is on my wife's name only.
ReplyDeleteHow can I claim that in my income tax declaration to my employer?
Should I avail the complete benefit of Losses due to interest(Rental Income - Bank Interest). or it needs to be shared 50% for each means Loss = Rental Income/2 - Full EMIs interests paid by me. Please assist
As the full money has been paid by you so you are deemed owner of the house and can claim 100% tax benefit on house loan .
DeleteThanks for the reply. But do I need to add full rental as my income or only 50% of it as additional income of mine (as rental goes to wife account and rental agreement is also in her name).
Delete100% rental income is to be added in your income only.
DeleteThanks for the reply again. In that case what should I show as a proof because rental agreement is on my wife's name and rent also comes into her account.
Deletewho is asking you about proofs?
DeleteMy employer need all the supported documents to show it as a loss from property (rental - bank loan interest).
Deletei want buy a flat in joint name with my wife. she is a house wife. interest on loan can be claimed by me fully in income tax.
ReplyDeleteyes , you can
DeleteHello,
ReplyDeleteI am living in Bangalore new house. I've my kid study 20 kms away from House again within the city . I am planning to relocate closer to his school. So If I rent my house here & start live in a rented house away can I claim both HRA as well as the Interest on Loan.
Regards
Madhu
yes ,you can .there is no restriction in giving your house on rent and living in rented house .so you can claim HRA as well interest on house loan even both houses are in same city or area or adjoining to each other.
DeleteThis article is really useful. Your articles on different issues have attracted many visitors of your site.
ReplyDeleteWe are having property in Mumbai which I got possesion in 2004.In 2006 we shifted to pune because of job change & we have given the Mumbai property on rent.
ReplyDeleteIn 2008, we booked the flat in Pune & got the possession in 2010.
We paid 2,93,120 as interest before possession .
Both the properties are in mine & wife's name & wife is also working.
Gross Annual salary after section 10 & section 17 exemptions for me is 11,35,000/- & for my wife is 5,33,000/-.
For both the home loans,100% EMI repayment is paid through my salary account.
We both work in Pune.
For my Mumbai property, this year's interest is 82665 & principal is 34,131 & I am getting rent of Rs 14500/- per month.
For my Pune property in which we are residing,this year's interest is 2,54,557 & Principal is 86,907.
Just for inf that market rent in my Pune property would be Rs 10,000 per month.
Can you pl giude me how me & my wife can claim interest so as to have maximum saving on tax.
(More specifically on whether we can consider Mumbai property as self occupied even we work & reside in pune & can consider Pune property as notionally rented out with 10,000 as rent with interest on pre emi & whether we both can claim the same.
Very nice. Can you share more details on such options?
ReplyDeleteI have one complicated question-
ReplyDeleteI have a property of which I have done the registry. But as govt. has not made any roads, electricity or sewer, water lines in the society nobody can live in that. Can I claim the benefit of let out property. Can I show my notional rent as zero in this case.
How do i claim interest benefits of a home loan when I have stayed for 6 months as self occupied and remaining 6 months in a rented property in a different city. E.g. I own a house in Hyderabad which was self occupied between Apr - Sep 2012 and from Oct 2012 I moved to different city and started staying in a rented property till end of Mar 2013. The Hyderabad property is now on rent and my annual interest on Home loan is about 3 lacs.
ReplyDeleteIn such case house will treated as deemed to let out for full year ,Standard rent ,Municipal valuation,fair rent is to be considered for full year .
DeleteFurther you can deduct full interest form house income without any limit
read section 23(2) and 23(3)
Thanks Raja. Your reply has clarified all my doubts.
DeleteI am staying on rent in an apt and have purchased adjacent one to which I will be moving by 31st March. Property was registered in 1st week of January 13. I am claiming HRA for entire financial year till March. Can I also claim exemption for interest that I am paying as part of EMI from Jan to March?
ReplyDeleteThanks
Yes , you can claim both HRA and House loan
DeleteHi ,
ReplyDeleteI have purchased a small flat in Jan and registration is also done. I have not taken any loan as I had paid it from my savings I had,price around 15L. Do i need to show in income tax return for this year.I will not be benefiting anything as i have not taken any loan. Please let me know asap so that I then have to file my tax returns.
Thanks.
no information is required to be filed in income tax return
DeleteHi,
ReplyDeleteI have booked a house in in April, 2008 & get the possession in the April 2010 on the cost 7,94000/- . Then I have purchase second house in August,2012 on the cost of 23,00,000/- & presently I have lived in this house & the previous house was empty for 6 months & now it is on rent 6000/- per month.
Now I want to sell the first property on the cost of 13,00,000/- & the three years not completed from the possession.
Now I have some question as
1. The rent of property add in my Income as only 2 month or the 8 month from the august 2012 or full Fy year in 2012-2013 fy year.
2. The property gain tax period counted from which year from booking or from the possession year.
3. Is there is any provision to save the tax, because I have purchase the flat in August,2012 in same financial year 2012-2013 for self living.
you should sell your old house after three year completion in April 2013 then you can avoid complications and can claim capital gain exemption
DeleteHi Raja,
ReplyDeleteI and my husband both are individual TAX payer. Both are the owner (co-owner) of the property and sharing home loan payment in 50:50 ratio. I have got possession of my home located at Ghaziabad in July' 12. I and my husband stay in a rented house in Delhi.
My property is rented out in Oct' 12. I have some questions:
1. How the exemption on Home loan interest and the house rent would be calculated? Can the rent income also be shown in 50% ratio?
2. What if I show my home vacant for full year after registry? Would I have to show notional rent income for full year after registry? Can I show it in the ratio of 50%?
What would be better from the above 2? Can you please guide me how I can claim interest to save maximum tax benefits?
Hi Raja,
ReplyDeleteI have 2 self occupied properties. None of them have been rented out. Can you please tell me how to calculate the Annual Lettable Value of my property. The market valuation of my second property is 30L as per the ready reckoner rate. Need help to find the exact municipal valuation of this property. Please don't give me the formula. (ALV = higher of Municipal Valuation and Actual Rent). The formula is mentioned on all websites. I need help to find the exact municipal valuation.
Hi. I have bought property in Ghaziabad through housing loan. This property is vacant and i am staying in rented house in New Delhi. Can i claim both housing loan exemption and HRA exemption as both are in different states but in NCR region. Also how can i calculate notinal rent for my ghaziabad house?
ReplyDeletePlease Advice.
Summit Nigam
summitnigam@gmail.com
Hi.
ReplyDeleteI have bought property in Greater Noida (50% owner of the property is me and rest owned by my mother). Now, this property is given on rent and at the same time I am staying in my parental house at New Delhi and paying rent to my mother. My questions are:
1. Can i claim both housing loan exemption on Interest paid to bank and HRA exemption?
2. How income from rental income from property will be treated? It will be divided in two parts or not?
3. As 50% of the property cost was paid by me through bank loan, where I am the sole borrower, can I claim rebate on interest paid on total amount.
4. My mother is a home-maker; the source of her income is rent from other properties.
Pls advice
Raveesh61@yahoo.com
I purchased a LIG flat in Dwarka New Delhi in the name of my wife after taking a loan. My wife is also in service and paying income tax while we live in another house in my own name. That flat is vacant for want of a suitable tenant and the rental value of similar properties is about 5000- 7000. What will be the lettable value of my properties.
ReplyDeleteif money to purchase the house has been paid by you then you will be treated deemed owner of the house.
DeleteIf house is vacant due to non availability of tenant then you can claim vacancy allowance and nothing will be taxable.
My wife who is working has a flat in her name before marriage, for which she has already been claiming exemption on home loan interest. Now after marriage we have purchased a flat this year in joint name with 50:50 proportion. Can I claim exemption on interest? If yes, how much ? She continues to cliam exemption on the flat in her name and she is not claiming anything on this one. Please guide , what are the possibilities in this case. Thanks a lot
ReplyDeleteDear Mr Raja,
ReplyDeleteI am 50% co owner with my mother in a second house. My mother stays in this house while I am staying in own house. How should I treat this house in income from house property. Thanks
yes , technically you have two houses so one will be treated as deemed to be let out ,show income from second house (50%)as deemed rent .
DeleteI have two flats in Mumbai and both are self-occupied. I have no income of whatsoever from the House Property.One flat is in the name of self and my daughter. The other flat is in the name of self and my wife. This means, my daughter and my wife are co-owners. In my income tax return, can I say 'NIL' as income from the House Property?
ReplyDeleteI have 2 houses. one was vacant for whole year. Second house (Joint with wife) possession taken in November 2014 and is also vacant. I m staying in Company provided flat. My querries
ReplyDelete1 Can i show 1st house as self occupied and 2nd house as deemed let out
2 What should be the annual letable income from 2nd house (Possession to 31.03.2014 is 4 months only)
Its urgent pl reply fast
Regarding point#2, how to fill the ITR2 form if the possession is taken in the middle of the year, and hence, notional rent is required to be mention from the date of possession to 31st March ?
DeleteFor example, if the possession is taken in the month of December (end of decemeber), then only 3 month's notional rent is required to be shown in ITR. But filling only 3 months rent as Annual rental value may appear to the income tax authorities as a year's rental but with very low rent per month, and hence, may appear like a fraud.
How to fill the ITR2 form properly as the date of registration is not mentioned in the ITR form.
Please respond at the earliest.
1. As the both house are not actually let out ,so you have option to select any of two as self occupied.
ReplyDelete2. You can show fair rent of nearby area for similar property only for period of 4 months
Hi Raja
ReplyDeleteI am living in Rented house and I have purchased one DTP plot at coimbatore and availed homeloan from Axis bank from july 2015. Can i able to get the deduction for both HRA and home loan interest
House loan benefit is available only is house is completed .As you have purchased land only ,so you cannot avail house loan benefit till the completion of house.
Delete