• Basis of Charge: The basis of calculating income from house property is the annual value.
This is the inherent capacity of the property to earn income.
The charge is not because of the receipt of any income but is on the inherent potential of the house property to generate income. Conditions to be fulfilled: • The property must consist of buildings and lands appurtenant thereto. • The assessee must be the owner of such house property. • The property should not be used by the owner for the purpose of any business or profession carried on by him Determination of Income from House Property Gross Annual Value ******* Less: Municipal Taxes ******* Net Annual Value ******* Less: Deduction under section 24 Standard Deduction (@30%) ******* Interest on borrowed capital ******* Income from House Property ******* Determining Gross Annual Value I. Expected Rent: a) Higher of Municipal Value or Fair Rent b) If Rent Control Act is applicable, Lower of Standard Rent or Step a) II. Actual Rent Received/ Receivable-Unrealised Rent III. Higher of step I) or II) – Vacancy Allowance Municipal taxes paid • Step 2: Deduct Municipal Taxes, if the following conditions are satisfied: • (a) The municipal taxes have been borne by the owner, and • (b) These have been actually paid during the previous year. Example Municipal value of house is Rs 95,000, fair rent is Rs 130,000 and standard rent is Rs 110,000. The house property has been let for Rs 12000 p.m. Municipal taxes during the year were Rs 40,000. Compute annual value. Example Municipal value of house is Rs 95,000, fair rent is Rs 130,000 and standard rent is Rs 110,000. The house property has been let for Rs 12000 p.m., however the rent is unrealized for 2 months. The tenant has vacated the property. Municipal taxes were Rs 40000 (50% were paid by tenant). Compute annual value. Example Municipal value of house is Rs 95,000, Fair rent is Rs 130,000 and standard rent is Rs 110,000. The house property has been let for Rs 12000 p.m. however the rent is unrealized for 2 months. The property was vacant for three months during the previous year. Municipal taxes were paid Rs 40000. Compute annual value. (C). Self Occupied for a period and then Let Out • Annual value shall be determined as per the provisions relating to let out property. • In this case, the period of occupation of property for own residence shall be irrelevant. • Hence, the expected rent shall be taken for full year but the actual rent received or receivable shall be taken only for the period let. Example Example: • Ajay owns a house property in Delhi whose municipal value is Rs 200,000 and the fair rent is Rs 240,000. The standard rent is Rs 220,000. It was self occupied from April to July and from August it was let out for Rs 18,000 p.m. Compute the annual value of the property if the municipal tax paid during the previous year was Rs 40,000. Treatment of unrealized rent • The actual rent received or receivable shall not include the amount of rent which the owner cannot realize, subject to: – Tenancy is Bonafide – Tenant has vacated the property – Tenant is not in occupation of any other house property of the owner. – Legal proceedings have been started against the tenant Interest on borrowed capital: Where the property has been acquired, constructed, repaired, renewed or reconstructed with borrowed capital, the amount of interest payable on such capital is allowed as a deduction. Self-occupied house property
Annual value Nil
Less: Interest on borrowed Capital (up to maximum Rs. 200000) *** Income From House Property *** (D)Property could not be self occupied owing to employment
• The annual value of such a house or part of
the house shall be taken to be NIL, if no other benefit is derived there from. Deemed to be Let Out Properties
• To treat any one of the houses to be self
occupied . • The other house(s) shall be deemed to be let out. Arrears of rent received • Arrears of rent received • Where the owner of the house property receives arrears of rent from such a property, the same is income from house property in the year of receipt • Standard deduction of 30% of the receipt shall be allowed as deduction . • The assessee need not be the owner of the house property in the year of receipt. Examples Particulars Illustration 2 Illustration 3 Illustration 10 Municipal 90000 65000 135000 Valuation Fair Rent 88000 69000 143000 Standard Rent 70000 55000 130000 Actual / Annual 8000pm 102000 14000pm Rent Unrealised Rent 3 Months 1 Month Vacancy Period 3 Months Municipal Tax 26000 Rent increased retrospectively from April 2017 by Rs.3000 in June 2018 Illustration 13 Big House: 50% Let out (Monthly Rent Rs. 3200) 25% used for Profession 25% Self Occupied Municipal valuation : Rs. 60000 Standard Rent : Rs. 90000 Municipal Taxes Paid : Rs.12000 Interest on Borrowed Capital For Repairs: 28000 The let out portion remained vacant for 1 month Illustration 15 House I House II House III Purpose Let out to Bank Self Occupied Let out to Residence Actual Rent 30000 24000 MV 32000 28000 30000 M Tax paid – 1200 1000 3000 Owner M Tax paid – 2000 1800 Tenant Fire Insurance 2000 1000 3000 Premium Interest on loan 7000 5000 for Renewal of house