CA Tanvi Gupta

(Budget 2016 has brought with itself a new present for taxpayers in the form of Section 80EE which we will discuss further in this article.)

So, here we are talking about the various tax benefits provided by the Income Tax Act, 1961 to the taxpayers who have taken housing loan. There are various deductions available under the Act for the payment of loan amount (principal) as well as the interest component.

First we will start with the Interest amount.

1. Section 24 (Income under head House Property)

This section allows a fully fledged deduction for interest paid on housing loan upto Rs. 2 lakhs (Earlier it was Rs. 1.5 lakhs) on completion of following conditions :

  • The loan has been taken for the purpose of Purchase/ Construction/ Repair/ Renewal/ Reconstruction of a Residential House Property.
  • Deduction would be available for the person who has borrowed funds and not to the successor.
  • Property should be self occupied.
  • In case it is not self occupied or it is let out, then the deduction would be equal to the actual amount of interest paid/payable. (i.e. there is no maximum limit prescribed).
  • In case a property has not been self-occupied by the owner by reason of the fact owing to his employment, business or profession, then the amount of tax deduction allowed under Section 24 shall be Rs. 2 Lakhs only.
  • The above said deduction shall be available even if no amount is actually paid during the year by the assessee (i.e. it is available on accrual basis)
  • But if the acquisition or construction is not completed within3 years from the end of financial year in which the loan was taken, then the interest deduction would be restricted to Rs 30,000

Note: As per Budget updates, the above said limit of 3 years has been increased to 5 years from A/Y 2017-18 and onwards (i.e. FY 16-17 and onwards).

This section also deals with the treatment of Pre Acquisition Interest i.e. Interest paid by assessee relating to the period when the construction is still on the go.

Here 2 cases are possible:

a) Loan is for repair/renewal/reconstruction: No deduction

b) Loan is for purchase/construction: Deduction shall be available for the interest paid by the assessee, but it will be available from the year in which the construction is completed and that too in 5 equal installments.

Example: Loan taken by Mr. Y in April 2012 for Rs. 100000 for the construction of house. He is paying Rs. 1000 as interest on the said amount every year. Now the construction is completed in April 2014. How will he claim the interest deduction?

Solution: Pre acquisition period – April 2012 to April 2014

Interest paid during this period -1000*2 = Rs. 2000

Since the construction is completed in April 2014 therefore we will claim the deduction while filing the return for this year.

So, available deduction will be equal to the interst paid in FY 2014-15 plus 1/5 ofpre acquisition interest

Available deduction = 1000 + 2000*1/5 = 1000 + 400 = Rs.. 1400

2. Section 80EE : Interest deduction (for 1st time buyers) on Home Loan

Conditions: 

a) Applicability : FY 2016-17 onwards

b) Eligible Assessee : First time buyer of House

c) Value of property < Rs. 50 Lakhs

d) Value of loan < Rs. 35 Lakhs

e) Loan sanction date : 1-4-2016 to 31-3-2017

f) Amount of deduction : Rs. 50000 (whether self occupied or not)

Note: This deduction is in addition of all earlier deductions on interest on home loan.

That’s all for Interest Component.

Now comes the Principal repayment. For this we will study Section 80C of the Income Tax Act, 1961.

3. Sec 80C (Tax benefit on Home Loan)

Eligible Assessees : Individual/HUF

Max. deduction : Rs. 1.5 lakhs

Lock in period : 5 years

Note – In case the Assessee transfers the house property on which he has claimed tax deduction under Section 80C before the expiry of 5 years from the end of the Financial Year in which the possession has been obtained by him, then no deduction and tax benefit on Home Loan shall be allowed under Section 80C. The aggregate amount of tax deduction already claimed in respect of previous years shall be deemed to be the Income of the Assessee of such year in which the property has been sold and the Assessee shall be liable to pay tax on such income

Accrual/payment basis : Payment basis

Eligible payments – Principal amount repaid, stamp duty paid, registration fee paid

Note- Payment made for Stamp Duty & Registration Fee is allowed as tax deduction under Section 80C even if the Assessee has not taken Loan

Pre-acquisition period payment – No deduction. Deduction shall be allowed only after completion of construction.

(In case of any queries and suggestions, please feel free to write at  catanvigupta2015@gmail.com)

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Category : Income Tax (20863)
Type : Articles (10802)
  • Ashish Patel

    Hello Mam,
    Subject: Can I avail tax benefits under 80EE, (I satisfy all conditions stated above) for under constructed property?

    Loan taken: 20 Lacs on May 2016, Property value, 38 Lacs
    Possession date: Jan 2018
    First time buyer

    I understood that under 24(b) I can claim interest in 5 equal instalments after possession. (onwards that particular FY).
    I understood that pre-construction principal can not be claimed in any manner.

    As per budget guidelines 2016, individual can avails additional tax benefits (upto 50000) on interest payable under section 80EE. My question is , Can it be availed for under-construction property also..?

    Ashish Patel
    mechnech@hotmail.com & mechnech@gmail.com

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