Analysis of Sec-80EEA – Deduction for interest paid on home loan for affordable housing (w.e.f A.Y 2020-21)
√ Eligibility criteria
√ The deduction under this section is available only to individuals, not to HUF, AOP, Partnership firm, a company, or any other kind of taxpayer.
√ Applies to both Resident and Non-Residents.
√ A deduction for interest payments up to Rs 1,50,000 is available under Section 80EEA. This deduction is over and above the deduction of Rs 2 lakh for interest payments available under Section 24(b) of the Income Tax Act.
√ Therefore, taxpayers can claim a total deduction of Rs 3.5L for interest on home loan, if they meet the conditions of section 80EEA.
√ Housing loan must be taken from a financial institution or a housing finance company for buying a residential house property.
√ Stamp duty value of the house property should be Rs 45 lakhs or less.
√ The individual taxpayer should not be eligible to claim deduction under the existing Section 80EE (This Section was available for only 2 years, f.y 13-14 & 14-15.).
√ The taxpayer should be a first-time home buyer. The taxpayer should not own any residential house property as on the date of sanction of the loan.
Conditions with respect to the carpet area of the house property:-
√ Carpet area of the house property should:
♦ not exceed 60 square meter ( 645 sq ft) in metropolitan cities of Bengaluru, Chennai, Delhi National Capital Region (limited to Delhi, Noida, Greater Noida, Ghaziabad, Gurgaon, Faridabad), Hyderabad, Kolkata and Mumbai (whole of Mumbai Metropolitan Region)
♦ not exceed 90 square meter (968 sq ft) in any other cities or towns.
√ Further, this definition will be effective for affordable real estate projects under RERA approved on or after 1 September 2019
Under Section 24(b) Deduction for For Interest paid on Home Loan:-
Pre-Construction/acquisition Interest (No deduction for repair or reconstruction):
Pre-construction Interest can be claimed in 5 equal installment starting from the Year in which Construction/Purchase is completed. (Max. Limit is Rs.2 lakhs in a F.Y)
For Self Occupied Property: – Maximum Interest deduction is upto Rs. 2 lakhs.
Self-Occupied means, if owner or his family resides in the house property or when the house is vacant.
For Let-Out Occupied Property: – Actual Interest without any limit. However w.e.f A.Y 2018-19 (Finance Act 2017), Loss u/h House property cannot exceed Rs.2 lakhs.
Conditions for Limit of Rs.2 lakhs (if not satisfied then limit of Rs.30, 000/- shall apply)
> Home loan must be taken for Purchase or construction (not repair) of House property.
> Home loan must be taken on or after 01st Apr 1999.
> The Purchase or construction must be completed within 5 a year from end of F.Y in which loan was taken.
Under Section 80C Deduction for For Principle paid on Home Loan:-
> A deduction for Principle payments up to Rs 1,50,000 is available under Section 80C But to claim this deduction, the house property should not be sold within 5 years of possession.
NOTE:-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.
> 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.
So, now a Taxpayer having Home Loan can take benefit up to Rs. 5 Lakhs (Rs. 3.5 lakhs for Interest U/s. 80EEA+24(b) and Rs.1.5 lakhs for Principle U/s-80C).
Home Loan Tax savings in case of Joint Ownership:-
If Property is jointly owned by Husband and Wife and they both are paying installments, both of them are eligible to claim deduction u/s-24(b) and u/s-80EEA in their respective ITR for their share, if conditions specified in these sections are satisfied.
|Property Type||Max.Total Interest Dedn||Max. Total Intt .Dedn.||Max. Total Principle Deduction U/s-80C||Max. Total Deduction (Intt.+Prin.)|
|Jointly Owned Property (Suppose 50% each share)|