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Income From House Property

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What is the pre-construction period for a property?

The pre-construction period refers to the time from the date of borrowing a home loan to the date of completion of construction or acquisition of the property. Interest paid during this period cannot be claimed as a deduction in the same year. However, the total pre-construction interest is eligible for deduction in 5 equal annual installments starting from the year in which the construction is completed or the property is acquired.

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If my spouse and I jointly own a house and have invested equally, can we split the rental income and be taxed individually?

Yes, if both spouses have invested in the property independently and have joint ownership, the rental income can be split in proportion to their ownership share. Each co-owner can report their share of the income under 'Income from house property' in their respective tax returns.

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What is considered a self-occupied property?

A self-occupied property is a house used by the taxpayer or their family for residential purposes. It is not rented out or used for any commercial purpose. The gross annual value (GAV) of such property is considered Nil for tax purposes.

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How is income from self-occupied property calculated?

For a self-occupied property:

  • Gross Annual Value (GAV): Nil
  • Less: Deduction for municipal taxes paid: Nil (since GAV is Nil)
  • Less: Deduction for interest on home loan: Up to ₹2,00,000 under Section 24(b). The result will be the income from house property, which is often a negative figure due to the interest deduction.
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Can a property not used as a residence by the taxpayer be classified as self-occupied property?

Yes, if the property cannot be used by the taxpayer due to employment or business reasons, and they reside in a rented accommodation elsewhere, the property can still be treated as self-occupied. However, the taxpayer must not derive any rental income from it.

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What types of income are taxable under the head 'Income from house property'?

The following types of income are taxable under 'Income from house property':

  • 1. Rental income from let-out properties.
  • 2. Deemed rental income from properties not self-occupied or rented out.
  • 3. Income from a property used for residence but not eligible to be self-occupied due to tax rules.
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If a person owns multiple properties used for residence, can all of them be treated as self-occupied and have a gross annual value (GAV) of Nil?

No, a taxpayer can treat only two properties as self-occupied, and their GAV will be Nil. Other residential properties are deemed let-out, and a notional rent is calculated as taxable income.

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I own two residences, a farmhouse used on weekends and a city house used on weekdays. Can both properties be treated as self-occupied?

Yes, as per current tax provisions, you can classify both properties as self-occupied. However, this treatment is limited to only two properties. The gross annual value for these properties will be Nil.

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How much housing loan interest can be claimed as a deduction for a self-occupied property?

For self-occupied property, interest on home loan deduction is:

  • Up to ₹2,00,000 per annum for a completed property.
  • ₹30,000 if construction is incomplete or the loan is for repairs or renovations.
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How is income calculated for a property that is self-occupied for part of the year and rented out for the other part?

Income from such property is calculated as follows:

  • 1. Compute the rental income for the let-out period.
  • 2. Treat the self-occupied period as having Nil GAV.
  • 3. Add both amounts.
  • 4. Deduct municipal taxes paid and allowable deductions under Section 24.
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What is the tax treatment of unrealized rent that is later recovered?

Unrealized rent recovered in a later year is taxable in the year of recovery under the head 'Income from house property', even if the taxpayer no longer owns the property. It is taxable without allowing any deductions.

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Can rental income be taxed in the hands of a person who is not the registered owner of the property?

No, rental income is generally taxable in the hands of the legal owner of the property. However, under specific circumstances, such as when the property is transferred to a spouse or minor child without adequate consideration, the income may be taxed in the transferor's hands under the clubbing provisions.

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If I own five let-out properties, should I calculate the income from house property for each property separately or combine all rental receipts in one calculation?

You must compute the income from house property separately for each property, considering the gross annual value, municipal taxes, and applicable deductions individually. The aggregate of these calculations will be your total income from house property.

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How is income calculated for a property that is let out throughout the year?

For a fully let-out property:

  • 1. Calculate Gross Annual Value (GAV) based on expected rent or actual rent received, whichever is higher.
  • 2. Deduct municipal taxes paid by the owner.
  • 3. Subtract standard deduction (30% of Net Annual Value) and interest on housing loan under Section 24(b).
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How is the gross annual value of a property determined when it is let out for the entire year?

The GAV is the higher of:

  • 1. Expected Rent (as per municipal valuation or fair rental value).
  • 2. Actual rent received or receivable.

Adjustments are made for vacancies.

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    Under which head is rental income from a shop taxed?

    Rental income from a shop is taxed under Income from house property if the shop is let out as a building. However, if the rent includes services like equipment or staff, it may be taxed under Income from business or other sources.

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    What is the tax treatment of composite rent that includes letting out a building along with other assets?

    Composite rent is bifurcated into:

    • 1. Building Rent: Taxable under 'Income from house property.'
    • 2. Asset Rent: Taxable under 'Income from other sources.'
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    How is reasonable expected rent calculated when computing the gross annual value of a let-out property?

    Reasonable expected rent is the higher of:

    • 1. Municipal Valuation.
    • 2. Fair Rental Value.

    However, it cannot exceed the standard rent as per the Rent Control Act, if applicable.

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      How is actual rent calculated when determining the gross annual value of a let-out property?

      Actual rent is the total rent received or receivable during the year, excluding periods of vacancy. Any unrealized rent is also deducted if the conditions for its exclusion are met.

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      How is the gross annual value calculated if a property is vacant for part of the year?

      The gross annual value is the higher of:

      • 1. Expected Rent for the entire year.
      • 2. Actual rent received for the let-out period.

      Adjustments for vacancy are made only if the actual rent is lower due to vacancy.

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        Can interest on loans from friends and relatives be claimed as a deduction while calculating income from house property?

        Yes, interest on loans taken from friends or relatives for the purchase, construction, or renovation of property can be claimed as a deduction under Section 24(b), provided proper proof of the loan and interest payment is maintained.

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