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Property”?
The Income Tax Act has divided the income received by an
individual in various heads for simplification of tax computation.
One of these heads is “Income from House property”. The income
earned by the ownership of a property is said to be Income from
House property. If a taxpayer owns a house property and rents it,
the rent received from that property is taxable.
When the property tax is paid it is allowed to be deducted from the gross annual
value of the property.
When the property tax is deducted from the Gross Annual Value it gives the Net
Annual Value.
30% of the Net annual Value is allowed to be deducted as a rebate from the NAV
under Income Tax Act. Beyond 30% no other expenses such as repair,
reconstruction or painting can be claimed as a tax relief under the Act.
The interest paid during the financial year on the house loan availed is to be
deducted under section 24 of the Income Tax Act.
The final value that arrives is your income from house property. This is taxable at
the slab rate applicable on your income.
The annual value will be nil if the individual self occupies the only property he or
she owns. However, if the person has multiple properties with the purpose of self
occupation, only one property is considered as self occupied and its annual value
can be specified as nil . The assessment of the annual value of the remaining
properties will be done according to the expected rent if the property was let out.
Step 1: Find out the Reasonable Expected Rent of the Property (A)
Reasonable Expected Rent is the amount for which the property can be reasonably
be expected to be let out from year to year. It is higher of the Municipal Valuation
or Fair Rent of the property, but cannot exceed the standard rent determined as per
the Rent Control Act. Reasonable Expected Rent = Higher of Municipal Valuation
or Fair Rent, subject to maximum Standard Rent
Fair rent value is the fair rent that can be charged for a similar property with
the same features in the same locality.
Standard rent is the rent determined under Rent Control Act. The property
owner cannot charge a rent higher than the standard rent fixed under Rent
Control Act.
Net Annual Value (NAV) is the value calculated as Gross Annual Value minus
Municipal taxes paid.
Deductions are the rebates that are given to the taxpayer as benefits for making
investments. These are deducted to ascertain the Actual taxable income. The
taxpayer can claim these deductions under section 24 of the Income Tax Act,
1961.
Standard Deduction:
You can claim 30% of the Net Annual Value as a deduction of repairs, rents and
so on (irrespective of the Actual expenditure incurred). If the Gross Annual
Value is nil this deduction is not applicable.
You can claim deductions for interest on home loans taken for the purchase,
construction, reconstruction and repair under this section.
Prior to Budget 2019, when an assessee own more than one residential houses,
only is considered as self -occupied and other was considered as deemed let-out.
After Budget 2019, an assessee can own two houses as self-occupied houses
and more than two houses will be considered as deemed let out. Before
proceeding further, there are certain scenarios of self-occupied to be discussed:
Property used for business and profession: If the property is used for
business and not for residential purpose, then no income will be
considered under the head “income from house property” and rent
expenses in regards to house property will not be allowed under the head
“Income from business and profession.”
Provided to employees as residential quarters: Where the house
property is provided to the employees as quarters , then the property is
considered as a part of business but where any rent is charged from the
employees for the same, rent received will be taxable under business and
profession.
Mohan owns a house property , municipal value of which is INR 2,50,000 and
municipal tax paid by him is INR 53,000. Interest on home loan paid by Mohan
is INR 2,88,000. Compute income of Mohan.
Solution:
Particulars Amount(Rs.)
A.Gross Annual Value (for self occupied properties, GAV is
NIL
considered NIL)
B.Less: Municipal Taxes (For self occupied, municipal taxes are
NIL
considered)
Net Annual Value (A-B) NIL
Less : Interest on home loan As per section 24, interest is
(2,00,000)
restricted to INR 2 lakh)
Income from House Property (2,00,000)