CA Sandeep Kanoi
Buying a House is nowadays is not easy considering the multifold hikes in property price in last 10-12 Years. It becomes almost impossible for middle and lower class to buy an house and those buying the house also finds it difficult to buy the same from their own saving without obtaining a home loan. Home loan becomes necessity to Purchase a house.
In this article we will discuss the tax benefits which one can avail under the Income Tax Act,1961 on Purchase of House property (Including the Expenses on Stamp Duty and Registration expenses) and on Repayment of Home loan (Including Interest). We will mainly discuss the Tax benefit available mainly under Section 24(b), Section 80EE and Section 80C of the Income Tax Act, 1961.
1. Income Tax Benefit on Home Loan Interest under Section 80EE Of Income Tax Act – Benefit of this section can be availed by Individual assessee (Resident or Non Resident). Deduction under this section is not available for any other assessee (like HUF, firm etc.). Individual can claim benefit under this section only when all the following conditions are satisfied, these are-
Assessee can take deduction u/s 80EE on interest payable on home loan upto Rs 50,000 in A.Y.207-18 and subsequent assessment years till the loan is repaid.
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2. Section 80C for Investment in Residential House Property and for payment of Principal amount – The Equated Monthly Installment (EMI) that you pay every month to repay your home loan consists of two components – Principal and Interest. The principal component of the EMI qualifies for deduction under Sec 80C.
Further Amount paid towards stamp duty, registration fees and other expenses for the purpose of transfer of house property to the owner also qualifies for tax exemption’. This is over and above the principal payment that qualifies under Section 80C. But deduction u/s. 80C for total amount including Principal Loan Repayment and stamp duty and registration charges can not exceed Rs. One Lakh Fifty Thousand (Rs. One Lakh up to A.Y. 2014-15).
Section 80C provides that in computing the total income of an assessee, deduction shall be provided in respect of various payments/investments made as included in the Section 80C subject to a ceiling of Rs. 1.50 lakh on the aggregate amount of such payments/investments.
3. Section 24(b) -Deduction of Interest on Borrowed Capital From House Property income – This deduction is allowed only in case of house property which is owned and is in the occupation of the person for his own residence. However, if it is actually not occupied by the one in view of his place of the employment being at other place, his residence in that other place should not be in a building belonging to him.
The quantum of deduction for home loan interest is as per table below:
|Purpose of borrowing capital||Date of borrowing
|1||Repair or renewal or reconstruction of the
|Any time||Rs. 30,000/-|
|2||Acquisition or construction of the house||Before 01.04.1999||Rs. 30,000/-|
|3||Acquisition or construction of the house||On or after 01.04.1999||Rs. 2,00,000/- wef A.Y. 2015-16.Rs. 1,50,000/- up to A.Y. 2014-15|
In case of Serial No. 3 above
(a) The acquisition or constructing of the house should be completed within 5 years (3 years upto A.y 2016-17 ) from the end of the FY in which the capital was borrowed.
(b) Further any prior period interest for the FYs upto the FY in which the property was acquired and constructed shall be deducted in equal installments for the FY in question and subsequent four FYs.
(c) The Assessee has to acquire before a certificate from the person to whom any interest is payable on the borrowed capital specifying the amount of interest payable. In case a new loan is taken to repay the earlier loan, then the certificate should also show the details of Principal and Interest of the loan so repaid.
(Republished With Amendments)