CA Tejinder Pal Singh

CA Tejinder Pal Singh

Repayment of housing loan is through Equated Monthly Installments (EMI) which consists of principal and interest component. As the repayment comprises of 2 different components, the tax benefit on home loan is governed by different sections of the Income Tax Act and these are claimed as tax deductions under different sections while filing the Income Tax Return.

The Sections under which Tax Benefit on Home Loan can be claimed are explained below:-

Section 80C: Tax benefit on Principal amount on Home Loan

The maximum tax deduction allowed under Section 80C is Rs. 1,50,000. This tax deduction under Section 80C is available on payment basis irrespective of the year for which the payment has been made. The Amount paid as Stamp Duty & Registration Fee is also allowed as tax deduction under Section 80C even if the Assessee has not taken Loan.

However, tax benefit of home loan under this section for repayment of principal part of the home loan is allowed only after the construction is complete and the completion certificate has been awarded.

Section 24: Income Tax Benefit on Interest on Home Loan

The maximum tax deduction allowed under Section 24 of a self-occupied property is subject to a maximum limit of Rs. 2 Lakhs. Moreover, if the property is not acquired/constructed completed within 3 years from the end of financial year in which the loan was taken, the interest benefit in this case would be reduced from 2 Lakhs to Rs 30,000 only. This limit of 3 years has been increased to 5 years from Financial Year 2016-17 and onwards.

In case the property for which the Home Loan has been taken is not self-occupied, no maximum limit has been prescribed in this case and the taxpayer can take tax deduction of the whole interest amount under Section 24.

It is also important to note that this tax deduction of Interest on Home Loan under Section 24 is deductible on payable basis, i.e. on accrual basis. Hence, deduction under Section 24 should be claimed on yearly basis even if no payment has been made during the year as compared to Section 80C which allows for deduction only on payment basis.

Amendment in Budget 2017

In case of non-self occupied property, the interest paid is reduced from the Rent paid to arrive at the Income from House Property. In some cases, it may happen that the Interest paid is more than the Rent earned which will result in Loss from House Property. This Loss is allowed to be set-off with Income from any other head.

The Finance Act 2017 announced on 1st Feb 2017 has put a restriction to the maximum amount of Loss under head House Property that can be set-off from other heads of Income. From Financial Year 2017-18 onwards, Loss of a maximum of Rs. 2 Lakhs is allowed to be set-off with Income from other heads. The amount which is not set-off shall be carried forward to future years.

Let’ say Mr. A has house has a rental income of Rs 40,000 per month and he is paying home loan interest of Rs 10 lakhs p.a. He has income from remaining heads of Rs 12 Lakhs p.a.

Income from house property

FY 2016-17 FY 2017-18
Rental Income

(40,000*12)

4,80,000 4,80,000
Less : Municipal Taxes Paid 10,000 10,000
Less: Standard Deduction(30% * 4,80,000) 1,44,000 1,44,000
Less: Interest  on House loan 10,00,000 10,00,000
Loss from house property eligible to be set off (6,74,000) (no limit)

 

(2,00,000)

(maximum limit allowed )

 

 Home loan in Joint Names

Tax benefits get divided among co-applicants in case of a joint loan. The division takes place in the same proportion in which the asset is owned by each co-applicant. Each co-applicant can claim a maximum tax rebate of up to Rs. 1.50 lakh for principal repayment (Section 80C) and Rs. 2 lakh for interest payment (Section 24). The very first condition is the house property has to be bought by the individuals jointly, and this should be in their joint names. The share of each holder should be clearly mentioned so that there is absolute clarity on the percentage ownership of each co-owner.

Section 80EE: Income Tax Benefit on Interest on Home Loan (First Time Buyers)

Re-introduced in Budget 2016

Maximum tax deduction allowed under Section 80EE is Rs. 50,000.  This incentive would be over and above the tax deduction of Rs. 2,00,000 under Section 24 and Rs. 1,50,000 under Section 80C.

Conditions for availing deduction under section 80EE:-

  1. Purchaser should be first time buyer i.e. he has never purchased any house and now he is going to purchase a house.
  2. This deduction would be allowed only if the value of the property purchased is less than Rs. 50 Lakhs and the value of loan taken is less than Rs. 35 Lakhs.
  3. The loan should be sanctioned between 1st April 2016 and 31st March 2017.
  4. The benefit of this deduction would be available till the time the repayment of the loan continues.
  5. This Deduction would be available from Financial Year 2016-17 onwards

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10 responses to “Tax Benefit on Home Loan”

  1. Brahmanand Choudhary says:

    Dear Sir, If I am claiming ₹ 1,41,591.00 under Section24 and ₹ 85,116.00 under 80C than also can I avail extra ₹ 50k under 80EE if all the condition of 80EE I am fulfilling but I am not able to exhaust entire slab of 2lac under Section24 as the maximum intrest I am paying in the finincial year is ₹ 1,41,591.00 only. Do I need to exhaust entire ₹2 lac to claim exemption of ₹50k under 80EE?
    My maximum amount I can claim in Section 24 is ₹ 1,41,591.00 that I did. Now Can i claim extra ₹50k in 80EE for sure ? What’s that Over and Above means.. little bit of confusion over there!
    Please Help.

  2. Brahmanand Choudhary says:

    If I am claiming ₹ 1,41,591.00 under Section24 and ₹ 85,116.00 under 80C than also can I avail extra ₹ 50k under 80EE if all the condition of 80EE I am fulfilling but I am not able to exhaust entire slab of 2lac under Section24 as the maximum intrest I am paying in the finincial year is ₹ 1,41,591.00 only. Do I need to exhaust entire ₹2 lac to claim exemption of ₹50k under 80EE?

  3. Abhishek Jain says:

    Hi Sir,
    I have a self occupied flat and a let out flat. From FY 2017-18, will I be allowed to claim 2 Lakh benefit on self occupied and 2 Lakh benefit on let out i.e. a total of 4 Lakh?

    Or Just 2 lakh across both my flats?

  4. Pranav Singh says:

    Sir, I have booked an underconstruction flat in the financial year 2015-16 n the loan of 25 lakh has been taken for the same purpose. In 2015-16 I have paid 15,70,000 and another 7,00,000 in the current financial year. The flat is still under construction. So how much tax benefit I ‘ll get in the current financial year? I have claimed 48,000 tax benefit in the previous financial year.

  5. Prakash Patil says:

    What is the meaning of “self-occupied” in Section 24.

  6. sanjay kumar says:

    Dear Sir,

    We have one house in Joint name with wife. Loan is also in joint name but EMI paid by me from my salary income. One portion of house is given on rent and in another portion we lived.

    Pl. inform can i claim total Interest amount u/s 24
    and Rent income by my wife ?

  7. Dinesh Kumar says:

    Dear Tejinder ji,

    Please share the relevant law for the below extract:

    “The Amount paid as Stamp Duty & Registration Fee is also allowed as tax deduction under Section 80C even if the Assessee has not taken Loan”

  8. CA Ashwani Kumar says:

    Sir Your article is very informative,but I think there is a mistake in your article i.e. you have given standard deduction from GAV not from NAV. I think that standard deduction should be given after the deduction of municipal tax (480000-10000= 470000, 30% of 470000).

    • CA Tejinder Pal Singh says:

      Hello Ashwani ji,
      Thank you for correcting the calculations.

      Dear viewers,
      There is one clerical error in given example in article. Assume municipal taxes are 0.

      Regards
      CA Tejinder Pal Singh Abhianchal and Company Chartered Accountants +91-7814307690

  9. PC Sharma 9200647433 says:

    I booked 3BHK flatt amt 36 lakh & loan sanctioned 32 lakh on1st July 16. EMI was 31500. Then I changed my Flatt at same location as corner Flatt at same amt & home loan sanctioned 34lakh in Jan 17. I got passion in Feb 17. Can I claim principal repayment & interest payment regarding boath sanctioned home loan u/s 80c, 24 & 80EE of income tax act. Please guide me.
    Thanks.

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