Article explains Rental income from sub-letting chargeable to tax under the head Income from house property, Tax on rental income cin the hands of a person who is not a registered owner of the property, Tax on rental income from a shop, Tax treatment of composite rent for Services, House Property and Other Capital Assets, gross annual value in the case of a property which is vacant for some time during the year, expenses to be deducted from gross annual value,deduction of paid on loans taken from friends and relatives while calculating house property income, deduction of interest on housing loan with limit on deduction, pre-construction period interest, How to compute income from self occupied property, Rental Income from house Property Jointly owned, tax implications if a person occupies more than one property for his residence, How to compute income from a property, when part of the property is self-occupied and part is let-out, What is the tax of treatment of unrealised rent which is subsequently realised etc.
Q.1 Is rental income from sub-letting chargeable to tax under the head “Income from house property”?
Ans. Rental income in the hands of owner is charged to tax under the head “Income from house property”. Rental income of a person other than the owner cannot be charged to tax under the head “Income from house property”. Hence, rental income received by a tenant from sub-letting cannot be charged to tax under the head “Income from house property”. Such income is taxable under the head “Income from other sources” or profits and gains from business or profession, as the case may be.
Q.2 Whether rental income could be charged to tax in the hands of a person who is not a registered owner of the property?
Ans. Rental income from property is charged to tax under the head “Income from house property in the hands of the owner of the property”. If a person receiving the rent is not the owner of the property, then rental income is not charged to tax under the head “Income from house property” (E.g. Rent received by tenant from sub-letting). In the following cases a person may not be the registered owner of the property, but he will be treated as the owner (i.e., deemed owner) of the property and rental income from property will be charged to tax in his hands:
(1) If an individual transfers his or her house property to his/her spouse (not being a transfer in connection with an agreement to live apart) or to his/her minor child (not being married daughter) without adequate consideration, then the transferor will be deemed as owner of the property.
(2) Holder of impartible estate is deemed as the owner of the property comprised in the estate
(3) A member of co-operative society, company or other association of persons to whom a building (or part of it) is allotted or leased under house building scheme of the society, company or association, as the case may be, is treated as deemed owner of the property.
(4) A person acquiring property by satisfying the conditions of section 53A of the Transfer of Property Act, will be treated as deemed owner (although he may not be the registered owner). Section 53A of said Act prescribes following conditions:
(a) There must be an agreement in writing.
(b) The purchase consideration is paid or the purchaser is willing to pay it.
(c) Purchaser has taken the possession of the property in pursuance of the agreement.
(5) In case of lease of a property for a period exceeding 12 years (whether originally fixed or provision for extension exists), lessee is deemed to be the owner of the property. However, any right by way of lease from month-to-month or for a period not exceeding one year is not covered by this provision.
Q.3 Under which head is the rental income from a shop charged to tax?
Ans. To tax the rental income under the head “Income from house property”, the rented property should be building or land appurtenant thereto. Shop being a building, rental income will be charged to tax under the head “Income from house property”.
Q.4 What is the tax treatment of composite rent when the composite rent pertains to letting of building along with other assets?
Ans. Composite rent includes rent of building and rent towards other assets or facilities. The tax treatment of composite rent is as follows:-
(a) In a case where letting out of building and letting out of other assets are inseparable (i.e., both the lettings are composite and not separable, e.g., letting of equipped theatre), entire rent (i.e. composite rent) will be charged to tax under the head “Profits and gains of business and profession” or “Income from other sources”, as the case may be. Nothing is charged to tax under the head “Income from house property”..
(b) In a case where, letting out of building and letting out of other assets are separable (i.e., both the lettings are separable, e.g., letting out of refrigerator along with residential bungalow), rent of building will be charged to tax under the head “Income from house property” and rent of other assets will be charged to tax under the head “Profits and gains of business and profession” or “Income from other sources”, as the case may be. This rule is applicable, even if the owner receives composite rent for both the lettings. In other words, in such a case, the composite rent is to be allocated for letting out of building and for letting of other assets.
Q.5 What is the tax treatment of composite rent when the composite rent pertains to letting out of building along with charges for provision of services?
Ans. In such a case, composite rent includes rent of building and charges for different services (like lift, watchman, water supply, etc.): In this situation, the composite rent is to be bifurcated and the sum attributable to the use of property will be charged to tax under the head “Income from house property” and charges for various services will be charged to tax under the head “Profits and gains of business and profession” or “Income from other sources” (as the case may be).
Q.6 How to compute income from a property which is let out throughout the year?
Ans. Income chargeable to tax under the head “Income from house property” in the case of a let-out property is computed in the following manner:
Particulars | Amount |
Gross annual value | XXXX |
Less:- Municipal taxes paid during the year | XXXX |
Net Annual Value (NAV) | XXXX |
Less:- Deduction under section 24 | |
➣Deduction under section 24(a)) at 30% of NAV
➣Deduction under section 24(b)) on account of interest on borrowed capital |
(XXXX)
(XXXX) |
Income from house property | XXXX |
Q.7 How to compute gross annual value of a property which is let-out throughout the year?
Ans. Gross annual value of a property which is let-out throughout the year is determined in the following manner :
Step 1: Compute reasonable expected rent of the property (for details refer to FAQ on computation of reasonable expected rent).
Step 2: Compute actual rent of the property (for details refer to FAQ on computation of actual rent).
Step 3: Compute gross annual value (Gross annual value will be higher of amount computed at step 1 or step 2).
Q.8 How to compute reasonable expected rent while computing gross annual value of a property which is let-out throughout the year. ?
Ans. Reasonable expected rent will be higher of the following:
Municipal value of the property (Note 1); or
Fair rent of the property (Note 2).
If a property is covered under Rent Control Act, then the reasonable expected rent cannot exceed standard rent (Note 3).
Note 1: Meaning of Municipal Value
For collection of municipal taxes, local authorities make periodic survey of all buildings in their jurisdiction. Such value determined by the municipal authorities in respect of a property, is called as municipal value of the property.
Note 2: Meaning of Fair Rent
It is the reasonable expected rent which the property can fetch. It can be determined on the basis of rent fetched by a similar property in the same or similar locality.
Note 3: Meaning of Standard Rent
It is the maximum rent which a person can legally recover from his tenant under the Rent Control Act. Standard rent is applicable only in case of properties covered under Rent Control Act.
Q.9 How to compute actual rent while computing gross annual value of a property which is let-out throughout the year?
Ans. Actual rent means the rent for which the property is let out during the year. While computing actual rent, rent pertaining to vacancy period is not to be deducted. However, unrealised rent (*) is to be deducted from actual rent if conditions specified in this regard are satisfied.
(*) Unrealised rent is the rent of the property which the owner of the property could not recover from the tenant, i.e., rent not paid by the tenant. If following conditions are satisfied, then unrealised rent is to be deducted from actual rent of the year:
> The tenancy is bona fide.
> The defaulting tenant has vacated the property, or steps have been taken to compel him to vacate the property.
> The defaulting tenant is not in occupation of any other property of the taxpayer.
> The taxpayer has taken all steps to recover such amount, including legal proceedings or he satisfies the Assessing Officer that legal proceedings would be useless.
Q.10 How to compute gross annual value of a property which is let-out throughout the year?
Ans. The steps involved in computation of gross annual value of a property which is let-out throughout the year are already discussed earlier, hence, we will take an illustration for better understanding.
Illustration
From the following information provided by Mr. Raja in respect of 3 properties rented out by him compute the gross annual value of all the properties.
Particulars | Property A (Rs.) | Property B (Rs.) | Property C (Rs.) |
Municipal Value | 8,48,484 | 8,48,484 | 2,52,252 |
Fair Rent | 2,52,252 | 2,52,252 | 8,48,484 |
Standard Rent | Not Applicable | 84,252 | 9,84,000 |
Actual rent for the entire year | 9,60,000 | 60,000 | 9,60,000 |
Unrealised rent (*) | 1,60,000 | NIL | 80,000 |
(*) All the conditions specified for deduction of unrealised rent are satisfied.
**
Gross annual value will be computed as follows:
Step 1: Compute reasonable expected rent of the property.
Step 2: Compute actual rent of the property.
Step 3: Compute gross annual value.
Based on these steps the computation will be as follows
Particulars | Property A (Rs.) | Property B (Rs.) | Property C (Rs.) |
Amount at Step 1 (Note 1) | 8,48,484 | 84,252 | 8,48,484 |
Amount at Step 2 (Note 2) | 8,00,000 | 60,000 | 8,80,000 |
Amount at Step 3, i.e., Gross annual value (Note 3) | 8,48,484 | 84,252 | 8,80,000 |
Note 1: Amount at Step 1 (,i.e., Reasonable expected rent) is higher of municipal value or fair rent (subject to standard rent).
Note 2: Amount at Step 2 is actual rent after deducting unrealised rent., i.e., Rs. 8,00,000 (9,60,000 – Rs. 1,60,000) in case of property A, Rs. 60,000 in case of property B and Rs. 8,80,000 (Rs. 9,60,000 – Rs. 80,000) in case of property C.
Note 3: Gross annual value will be higher of amount at Step 1 or Step 2.
Q.11 How to compute the gross annual value in the case of a property which is vacant for some time during the year?
Ans. Where the property or any part of the property is let and was vacant during the whole or any part of the previous year and owing to such vacancy the actual rent received or receivable by the owner in respect thereof is less than the reasonable expected rent than the actual rent so received or receivable (as reduced by the vacant allowance) shall be considered to be the Gross Annual Value of the property.
Q.12 While computing income chargeable to tax under the head “Income from house property” in the case of a let-out property, what are the expenses to be deducted from gross annual value?
Ans. While computing income chargeable to tax under the head “Income from house property” in the case of a let-out property, only following items can be claimed as deductions from gross annual value. In other words, deduction cannot be claimed for any expenditure incurred by the taxpayer other than following:
- Deduction on account of municipal taxes paid by the taxpayer during the year (*).
- Deduction under section 24(a)@ 30% of Net Annual Value.
- Deduction under section 24(b) on account of interest on capital borrowed for the purpose of purchase, construction, repair, renewal or reconstruction of the property.
(*) Only municipal taxes paid by the owner during the year can be deduced, hence, municipal taxes due but not paid during the year cannot be deducted or taxes borne by the tenant cannot be deducted.
Q.13 Can interest paid on loans taken from friends and relatives be claimed as deduction while calculating house property income?
Ans. Yes, if the loan is taken for purchase, construction, repair, renewal or reconstruction of the house. If the loan is taken for personal or other purposes then the interest on such loan cannot be claimed as deduction.
Q.14 While computing income chargeable to tax under the head “Income from house property” in the case of a let-out property, how much interest on housing loan can be claimed as deduction?
Ans. While computing income chargeable to tax under the head “Income from house property” in case of a let-out property, the taxpayer can claim deduction under section 24(b) on account of interest on loan taken for the purpose of purchase, construction, repair, renewal or reconstruction of the property.
In case of a let-out property, there is no limit on the quantum of interest which can be claimed as deduction under section 24(b). However, in case of a self occupied property, limit is Rs. 2,00,000 or Rs. 30,000, as the case may be.
Q.15 What is pre-construction period?
Ans. While computing income chargeable to tax under the head “Income from house property” in case of a let-out property, the taxpayer can claim deduction under section 24(b) on account of interest on loan taken for the purpose of purchase, construction, repair, renewal or reconstruction of the property.
Deduction on account of interest is classified in two forms, viz., interest pertaining to pre-construction period and interest pertaining to post-construction period.
Post-construction period interest is the interest pertaining to the relevant year (i.e., the year for which income is being computed).
Pre-construction period is the period commencing from the date of borrowing of loan and ends on earlier of the following:
> Date of repayment of loan; or
> 31st March immediately prior to the date of completion of the construction/acquisition of the property.
Interest pertaining to pre-construction period is allowed as deduction in five equal annual instalments, commencing from the year in which the house property is acquired or constructed.
Thus, total deduction available to the taxpayer under section 24(b) on account of interest will be 1/5th of interest pertaining to pre-construction period (if any) + Interest pertaining to post construction period (if any).
Q.16 My spouse and I jointly own a house in which both of us have invested equally out of independent sources. Can the rental income received be split up between us and taxed in the individual hands?
Ans. Yes, if the share of each co-owner is ascertainable.
Q.17 What is self-occupied property?
Ans. A self-occupied property means a property which is occupied throughout the year by the taxpayer for his residence (also refer next FAQ).
Q.18 How to compute income from self occupied property?
Ans. A self-occupied property means a property which is occupied throughout the year by the taxpayer for his residence. Income chargeable to tax under the head “Income from house property” in case of a self-occupied property is computed in following manner :
Particulars | Amount |
Gross annual value | Nil |
Less:- Municipal taxes paid during the year | Nil |
Net Annual Value (NAV) | Nil |
Less:- Deduction under section 24 | |
➣Deduction under section 24(a) @ 30% of NAV
➣Deduction under section 24(b) on account of interest on borrowed capital |
Nil
(XXXX) |
Income from house property | XXXX |
From the above computation it can be observed that “Income from house property” in the case of a self occupied property will be either Nil (if there is no interest on housing loan) or negative (i.e., loss) to the extent of interest on housing loan. Deduction in respect of interest on housing loan in case of a self-occupied property cannot exceed Rs. 2,00,000 or Rs. 30,000, as the case may be (discussed later). Deduction of municipal taxes paid during the year will not be allowed in case of self occupied property.
Q.19 Can a property not used for residence by the taxpayer be treated as self occupied property?
Ans. A self-occupied property means a property which is occupied throughout the year by the owner for his residence. Thus, a property not occupied by the owner for his residence cannot be treated as a self occupied property. However, there is one exception to this rule. If the following conditions are satisfied, then the property can be treated as self-occupied and the annual value of a property will be “Nil”, even though the property is not occupied by the owner throughout the year for his residence :
(a) The taxpayer owns a property;
(b) Such property cannot actually be occupied by him owing to his employment, business or profession carried on at any other place and he has to reside at that other place in a building not owned by him;
(c) The property mentioned in (a) above (or part thereof) is not actually let out at any time during the year;
(d) No other benefit is derived from such property.
Q.20 What income is charged to tax under the head “Income from house property”?
Ans. Rental income from a property being building or land appurtenant thereto of which the taxpayer is owner is charged to tax under the head “Income from house property”.
Q.21 What will be the tax implications if a person occupies more than one property for his residence? Can he treat all the properties as self occupied (SOP) and claim gross annual value (GAV) as Nil?
Ans. The SOP benefit (i.e., treating property as SOP and claiming GAV as Nil) is available only in respect of one property occupied by the owner for his residence.
If a person occupies more than one property for his residence, then the SOP benefit will be granted only in respect of any one property as selected by him and other property/properties will be treated as “Deemed to be let-out”. Income from deemed to be let-out property is computed in the same manner as discussed in the case of “Let-out” Property.
However w.e.f. Assessment Year 2020-21, a person can claim two properties as self-accupied house property.
Q.22 I own two houses. One is a farmhouse that I visit on weekends and the other is in the city that I use on weekdays. Is it correct to treat both these residences as self occupied?
Ans. No, for the purpose of Income-tax Law you can claim only one property as self occupied property and other property will be deemed to be let-out property. upto Assessment year 2019-20.
However, w.e.f. Assessment 2020-21, a person can claim two properties as self-occupied house properties subject to certain conditions. Thus, from Assessment Year 2020-21 onwards only, both the houses can be treated as self-occupied properties subject to fulfilment of specified conditions.
Q.23 I own three houses which are occupied by me and my family. Is there any tax implication for financial Year 2021-22?
Ans. Yes, as already mentioned in the earlier FAQ, w.e.f., Assessment Year 2020-21, a person can claim two properties as self-occupied house properties. Thus, any two of the house properties (as per your choice) shall be treated as self-occupied and the remaining property shall be treated as deemed let-out and will be taxed accordingly.
Q.24 In case of a self-occupied property, how much of interest on housing loan can be claimed as deduction?
Ans. In the case of self-occupied property, deduction under section 24(b) cannot exceed Rs.2,00,000 or Rs. 30,000 (as the case may be). If all the following conditions are satisfied, then the limit in respect of interest on borrowed capital will be Rs.2,00,000:
> Capital is borrowed on or after 1-4-1999.
> Capital is borrowed for the purpose of acquisition or construction (i.e., not for repair, renewal, reconstruction).
> Acquisition or construction is completed within 5 years from the end of the financial year in which the capital was borrowed.
> The person extending the loan certifies that such interest is payable in respect of the amount advanced for acquisition or construction of the house or as re-finance of the principal amount outstanding under an earlier loan taken for acquisition or construction of the property.
If any of the above condition is not satisfied, then the limit of Rs. 2,00,000 will be reduced to Rs. 30,000.
Deduction from Assessment Year 2017-18
As per Section 80EEof the Income-tax Act, deduction of up to Rs. 50,000 is allowed to an Individual towards interest on loan taken for acquisition of a residential house property. However, the deduction is allowed subject to following conditions:
The deduction under Section 80EE is allowed subject to following conditions:
(a) the loan should be sanctioned by the financial institution during the period beginning on the 01-04-2016 and ending on 31-03-2017;
(b) the amount of loan should not exceed Rs. 35 lakhs;
(c) the value of residential house property should not exceed Rs. 50 lakh; and
(d) the assessee should not own any residential house property on the date of sanction of loan.
Deduction from Assessment Year 2020-21
With an objective to provide an impetus to the ‘Housing for all’ initiative of the Government and to enable the home buyer to have low-cost funds at his disposal, the Finance (No. 2) Act, 2019 has inserted a new Section 80EEA under the Income-tax Act for those individuals who are not eligible to claim deduction under Section 80EE. An individual can claim deduction up to Rs. 150,000 under Section 80EEA subject to following conditions:
(a) Loan should be sanctioned by the financial institution during the period beginning on 01-04-2019 and ending on the 31-03-2022
(b) Stamp duty value of residential house property should not exceed Rs. 45 lakhs;
(c) The assessee should not own any residential house property on the date of sanction of loan; and
(d) The assessee should not be eligible to claim deduction under Section 80EE.
Hence, an individual who does not meet the criteria of Section 80EE shall now be eligible to claim deduction under Section 80EEA of up to Rs. 150,000 in addition to deduction under section 24(b).
Q.25 How to compute income from a property which is self-occupied for part of the year and let out for part of the year?
Ans. At times a property may be let-out for some time during the year and is self-occupied for the remaining period (i.e., let-out as well as self occupied during the year). For the purpose of computation of income chargeable to tax under the head “Income from house property”, such a property will be treated as let-out throughout the year and income will be computed accordingly.
However, while computing the taxable income in case of such a property, actual rent will be considered only for the let-out period.
Q.26 How to compute income from a property, when part of the property is self-occupied and part is let-out?
Ans. A house property may consist of two or more independent units, one of which is self-occupied and the remaining are/are used for any other purpose (i.e., let-out or used for own business). Income from such property will be computed in the following manner:
a) Part/unit which is occupied by the taxpayer for his residence throughout the year will be treated as an independent property and income from such a part/unit will be computed in the manner as discussed in case of a self-occupied property.
b) Part/unit which is let out will be treated as an independent property and income from such a part/unit will be computed in the manner as discussed in case of let out property.
Q.27 What is the tax of treatment of unrealised rent which is subsequently realised?
Ans. Any subsequent recovery of unrealized rent shall be deemed to be the income of taxpayer under the head “Income from house property” in the year in which such rent is realized (whether or not the assesse is the owner of that property in that year). It will be charged to tax after deducting a sum equal to 30% of unrealized rent.
I have 5 separate let out properties. Should I calculate the house property income separately for each individual property or by clubbing all the rental receipts in one calculation?
The calculation will have to be made separately for each of the properties.
Q.28 What is the tax treatment of arrears of rent?
Ans. The amount received on account of arrears of rent (not charged to tax earlier) will be charged to tax after deducting a sum equal to 30% of such arrears. It is charged to tax in the year in which it is received. Such amount is charged to tax whether or not the taxpayer owns the property in the year of receipt.
House Rent Allowance (HRA) Taxability & calculation
[As amended by Finance Act, 2023]
Queery : Arrears of Mun. Taxes paid so whether Allowed against Rent Income in IFHP. ie paid during current Asst year. 2024-25 so whether allowed as deduction ???
In the year 1989 I had purchased Residents property in Mumbai (chembur) bearing CTS no 842.By teneted (PAGADI) System. In the year march2015, builder/Devlapar come to the picture. Made agreement by ownership. I got the possession in year june 2022 . now I want this resident property to sell. Now I wanted to know what will be fair market value? How to calculate valuation. What will the Indexation. How to calculate. How to calculate capital gain. Last rent was paid to land was Rs339/- Per month in Dec 2014. please reply as soon as possible. Thank you.
My wife owns a house property constructed by way of home loan and gets rent around rs 2 lac including maintenance. My wife has also formed a company to carry out leasing property business, though no property has been taken on lease as yet. Can she get her own property on lease at 1.5 lac per month excluding maintenance for a period of three years.
My house owner ask to pay rent in different account every month.. Is it problem for me at the time of tax benefit
Regards
Sangeeta
My hot owner ask to pay rent in different account every month.. Is it problem for me at the time of tax benefit
Regards
Sangeeta
While filing ITR 2 for AY2022-23, the interest on borrowed capital for house property which is self occupied, is a negative income and needs to be set off against other income. However, in ITR 2 the same is taken as NIL and not being set off. Any solution please.
A house in Shimla having Municipal value 5,00,000 and fair rental value 6,00,000 was intended to let out to tenants but unfortunately during the entire previous year there was no tenant to this house property. Municipal tax of 6200 (of which Rs1200 is payable). He had taken a loan of 15, 00,000/- for construction of this property on 01-10-2019. The construction was completed on 31-12-2020. No principle payment has been paid upto 31-01-2021. Compute income from house property.
I have query , I have purchased flat , this property is joint name with my spouse , but I have taken home loan from a bank, that loan is individual in my name and my spouse is a guarantor in that loan only .loan EMI.is goes from my salary only.
Currently I have given my flat in rent ,so here I want to know that can I divide rental
income share with my spouse for income tax purposes.
Please guid.
one of my client who is pensioner and his pension income is 230000 Pa, let out his property to one ltd company, from which he received rent 1250000 as next five year and rs. 93750 tds in form 16A under 194I(B) mentioned. kindly compute his taxable income for assement year 2021-22
I have a doubt that what this do when in case of a house property the municipal taxes paid by the assessee is higher that the gross annual value of that house property?
both should be compared by the annual value so your annual value will be be higher always to be practical
I have a query
I’m the joint owner + joint loan of two properties
Property A – (Self occupied) joint owner with my friend. Loan share for interest paid exemption is 50%
Property B – (Let out) joint owner with my Spouse.
Loan share % for interest paid tax deduction is 100% (where I pay the full EMI).
The let out property was vacant for 4 months after taking possession in June 2020; rent was received for the last 3 months of 2020. My wife is considering this rent as her income and she will be filing the IT returns accordingly.
So my question is, will I get full 100% benefit on the interest paid towards the let out property + 50% on the self occupied property. Both interest put together will exceed Rs 2,00,000 limit. Whether this will be considered ?
As the loan is paid out of your income from your salary then you have first preference to get the deduction then to your wife as she is coowner. If the limit exceeds 2,00,000 slab then the remaining portion your wife can claim. Hope this load is taken for the construction/ purchase of house after 1.4.99. If its for repair you have 30,000 slab inclusively
Can Property Tax & other Municipal taxes paid for self-occupied property be deducted from its Gross Annual Value (which is Nil) while filing income tax returns.
I am living in a Rented house and HRA Benefit is enjoying U/S 10(13 A), in income Return for the A Y 2020-21 is not allowed without selecting the “Income from House Property”. which one will I select?
This article says” In case of lease of a property for a period exceeding 12 years (whether originally fixed or provision for extension exists), lessee is deemed to be the owner of the property.”
The question is that if a tenent occuppies a property paying rent for a period of 12 years,wiil he become the owner of the property. The legality is that only when there is adverse posession for more than 12 years the occuppier becomes the owner of the property and gets a title. Will this be applicable for a tenent who occuppies the premises for 12 years and pays rent