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Income from house property
1.
Volume-I Classroom Deliberations Tax planning
for Income from House Property Section 22- 27 CA. Dr. Prithvi Ranjan Parhi 9:25 PM © CA. Dr. Prithvi R Parhi 1
2.
/55 Sec. 22-Chargebility &
Conditions • The Annual Value of a house property shall be chargeable to income tax in the hands of owner, provided the property is not used for the purpose of a business or profession carried on by assessee. • Consists of buildings & lands appurtenant thereto. • May be residential / commercial. • Commercial house need not have a roof. • Incomplete house/ Ruined House/ Vacant land are not house. • Each flat in an apartment is a separate house. • Assessee must be the owner . • Should not be used by the owner for the purpose of any business or profession carried on by him. 9:25 PM © CA. Dr. Prithvi R Parhi 2
3.
/55 Ownership • Registration document
is not indispensible. • Legal as well as beneficial owner are treated as owner. • Owner of the house need not be owner of the land. • Even when owner can not transfer the property without consent of 3rd party, still he is the owner. 9:25 PM © CA. Dr. Prithvi R Parhi 3
4.
/55 Sec.27- DEEMED OWNERSHIP
: 5 Situations 1.Individual who transfers his house property otherwise than for adequate consideration to – (a) His or her spouse (not being a transfer in connection with an agreement to live apart) or (b) Minor child is deemed to be the owner of such house property. 2. The holder of impartible estate of an HUF. 9:25 PM © CA. Dr. Prithvi R Parhi 4
5.
/55 Sec.27- DEEMED OWNERSHIP
: 5 Situations 3. Member of a co-operative society, company or an Association of Persons to whom a house is allotted against membership. 4. Person in Possession of a property under the provisions of sec 53A of Transfer of Property Act. 5. Person having right by way of lease, in a property for a period not less than 12 years. Exceptions : The above provisions excludes any rights by way of renewal of a lease from month to month or for a period not exceeding one year. 9:25 PM © CA. Dr. Prithvi R Parhi 5
6.
Computation Particulars Amount (Rs) 1 Gross
Annual Value (GAV) XXX 2 Less: Taxes by Local Authorities e.g. Municipal Taxes & Water Tax etc (XXX) 3 (=1-2) Net Annual Value (NAV) XXX 4 Less : Standard deduction u/s 24(a) ~ (30%) (XXX) 5 : Interest on borrowed Capital u/s 24(b) (XXX) 6 (=3-4-5) Income from House Property XXX © CA. Dr. Prithvi R Parhi9:25 PM 6
7.
/55 Conditions-Sec 22 1. Assessee
must be the owner: Subletting ~ IFOS. 2. House is not used for own business or profession : Rent received from a house used in business ~ PGBP 9:25 PM © CA. Dr. Prithvi R Parhi 7
8.
Gross Annual Value
(GAV) • A sum which the property is reasonably expected to fetch if let out. • If the property or part of the property is let-out and actual rent received or receivable is more than the reasonable rent, then Actual rent so received or receivable. • If the property or part of the property is let-out and was vacant during the whole or part of the previous year and owing to such vacancy the actual rent receive or receivable is less than the reasonable rent, then Actual rent so received or receivable.9:25 PM © CA. Dr. Prithvi R Parhi 8 GAV Reasonable Expected Rent (RR) If Let out AR or RR w.e. Higher Vacant AR< RR AR Not Vacant
9.
Computation :Gross Annual
Value a) Compute Reasonable Expected Rent of the property (See below) b) Compute Rent Actually Received or Receivable c) Gross Annual Value= (a) or (b) which ever is higher. Reasonable Expected Rent : 1. Compute Municipal Valuation ~ For Municipal Taxation purpose 2. Compute Fair Rent ~ Rent fetched by a similar property in similar location 3. Standard Rent ~ Where property is covered under a Rent Control Act. 4. Expected Rent = Higher of (1) or (2) subject to a maximum of (3) © CA. Dr. Prithvi R Parhi9:25 PM 9
10.
/55 GAV 9:25 PM © CA.
Dr. Prithvi R Parhi 10 Municipal Value Fair Rent Standard Rent Actual Rent received/ receivable Higher Lower Higher 1 2 3
11.
Actual Rent Received/
Receivable Rent of the previous year for which property is available for letting out XXX Less : Unrealized Rent ( if few conditions are satisfied;- Bona fide tenant, - Steps for vacancy, - legal proceeding) Unrealized rent is different from outstanding rent (XXX) Rent Received / Receivable before deducting loss due to vacancy XXX Rent for Vacant period shall not be deducted here . But shall be deducted after comparing with Reasonable Rent. © CA. Dr. Prithvi R Parhi9:25 PM 11
12.
/55 Conditions for Unrealized
Rent 1. Bona-fide Tenancy agreement 2. Reasonable steps must have been taken to recover the rent. 3. Reasonable steps must have been taken to get the property vacated. 4. Defaulter tenant is not occupying any other property of the assessee. 9:25 PM © CA. Dr. Prithvi R Parhi 12
13.
/55 GAV : Computation
Steps 1. Compute Reasonable Expected rent (MV or FR w.e. is higher but subject to maximum of SR) 2. Compute Actual Rent Received / Receivable after adjusting unrealized rent but before loss due to vacancy. 3. GAV before vacancy allowance is the higher of Step 1 & 2 4. Deduct loss due to vacancy 5. Gross Annual Value = 3-4. 9:25 PM © CA. Dr. Prithvi R Parhi 13
14.
/55 Standard deduction-Sec 24(a) •
30% of Net Annual Value • Actual expenditure is irrelevant. • Not allowed if NAV is zero or Negative. 9:25 PM © CA. Dr. Prithvi R Parhi 14
15.
/55 Interest on Borrowed
Capital –Sec 24(b) • Loan must be taken for purchase, construction, repair, renovation, renewal of house property. • Interest on loan taken for payment of municipal tax is not allowed as a deduction. • Allowed on accrual basis, irrespective of method of accounting followed. • Loan may be taken from anyone. 9:25 PM © CA. Dr. Prithvi R Parhi 15
16.
/55 Interest on Borrowed
Capital –Sec 24(b) • If new loan is taken to repay the earlier loan, interest on new loan is allowed. • If new loan is taken to pay the outstanding interest on earlier loan, interest on new loan is not allowed. • If loan is taken by mortgaging one house property for construction of another house, interest is eligible for deduction from the income of second house. 9:25 PM © CA. Dr. Prithvi R Parhi 16
17.
/55 Interest on borrowed
capital –Sec 24(b) • Brokerage/ Commission paid for loan shall be treated as interest [ Sec 2(28A)] & hence allowed. • Penal interest is not allowed. • Deductions u/s 24 is exhaustive. No deduction for repair, insurance etc. • Separate treatment of interest for Pre construction period & Post Construction period. 9:25 PM © CA. Dr. Prithvi R Parhi 17
18.
/55 Treatment of Interest
on borrowed capital Pre construction Period Post Construction Period Commences From the •date of borrowing of loan or •commencement of construction whichever is latter. From the beginning of the year in which the construction is completed. Completes on 31st March of the FY immediately preceding the year of completion of construction When the loan is repaid or property is transferred. Treatment of Interest Allowed in 5 equal installments commencing from the year in which post construction period begins. Shall be allowed in the respective years 9:25 PM © CA. Dr. Prithvi R Parhi 18
19.
/55 Year of borrowing
same as year of completion of construction • In case the year of borrowing & year of completion of construction is the same year then interest will be computed from the date when construction is started. • In such case the date of borrowing of loan or commencement of construction whichever is latter.- shall not be taken into consideration. 9:25 PM © CA. Dr. Prithvi R Parhi 19
20.
/55 Disallowance of Interest
on borrowed capital – Sec 25 • Interest payable outside India is not deductible if; 1. No TDS has been deducted and deposited, and 2. The payee has no person in India who may be treated as his agent u/s 163. Note: 1. Interest paid without TDS to non resident, in India shall be allowed as expenditure. 2. Interest paid without TDS to a resident, out of India shall be disallowed as expenditure. 9:25 PM © CA. Dr. Prithvi R Parhi 20
21.
/55 Computation :classification • Let
out property includes a property let-out even for a part of the year, but it should not be self occupied for part of the year. House Property Let out Property Self Occupied Property Un-Occupied Property Partly Self Occupied & Partly Let- out Property Deemed to be Let-out Property 9:25 PM © CA. Dr. Prithvi R Parhi 21
22.
/55 1. Self Occupied
Property- Sec 23 (2) (a) • Self occupied by owner or his family for residence. • Can be self occupied for part of the year & remain vacant for remaining part. • Must not be let out for any part of the year. ~ Partly self occupied & partly let out. • Must not be vacant for the whole year ~ Deemed to be let out/ Unoccupied. • Benefit is available to individuals & HUF. • In case more than one self occupied house, one of them shall be treated as self occupied & others shall be treated as Deemed to be let out. • Shall not be treated as self occupied ,- if occupied in some other capacity, ( Renting to employer & occupying as rent free accommodation) 9:25 PM © CA. Dr. Prithvi R Parhi 22
23.
/55 1. Self Occupied
Property- Sec 23 (2) (a) • Net Annual Value = Nil. • Standard deduction u/s 24(a) = Nil. • Interest on loan allowed =Maximum Rs.. 30,000/-. • Higher amount of interest , maximum 2,00,000/- shall be allowed if, – Loan is taken on or after 1st April 1999 – Loan is for purchase or construction of house. – Construction completed within 5 years from the end of the financial year in which loan was taken. – Lender certificate must be obtained to fulfill the above condition • The above limit of Rs.30,000 /2,00,000 is on the total amount of interest ( Pre Construction + Post construction) • Income from house property may be negative. 9:25 PM © CA. Dr. Prithvi R Parhi 23
24.
/55 2.Let out Property •
Compute GAV – Less : Municipal Tax Paid • Arrive at NAV • Less: Deduction u/s 24 – (a)Standard deduction 30% of NAV – (b)Interest on borrowed capital (without any ceiling) Income from Let out House Property 9:25 PM © CA. Dr. Prithvi R Parhi 24
25.
/55 3. Deemed to
be Let out- Sec 23(4) • In case more than one self occupied house, one of them shall be treated as self occupied & others shall be treated as Deemed to be let out. • Assessee may chose any house as self occupied. • The choice may vary from year to year. • In absence of Actual Rent & unrealised rent, the reasonable expected rent shall be treated as Gross Annual Value. Then it shall be treated just like let out property. 9:25 PM © CA. Dr. Prithvi R Parhi 25
26.
/55 4. Unoccupied /
Vacant Property- Sec 23(2)(b) • Assessee has a residential house meant for self occupation. • Can not be self occupied owing to employment. • Such house is lying vacant & no other benefit is derived. • Assessee resides in a house not belonging to him. • Net Annual Value = Nil. • Standard deduction u/s 24(a) = Nil. • Interest on borrowed capital Rs.30,000/ 2,00,000 as the case may be. • Income from house property may be negative. • Assesee can not claim benefit for self occupied house property & un occupied property together. 9:25 PM © CA. Dr. Prithvi R Parhi 26
27.
/55 More than one
house used by assessee • If more than 1 house/ floor are used as a single unit : Assesee can claim sec 23(2)(a) for the combined house. • If more than 1 house/ floor are used as separate units : Assesee can claim sec 23(2)(a) for any one of the houses. 9:25 PM © CA. Dr. Prithvi R Parhi 27
28.
/55 5. Partly self
Occupied & Partly letout- Sec 23(3) • Area Wise - Sec 23(2)(a) • Time Wise - Sec 23(3) • Area as well as Time wise - Sec 23(3) 9:25 PM © CA. Dr. Prithvi R Parhi 28
29.
/55 Area Wise Partly self
Occupied & Partly letout - Sec 23(2)(a) • Self Occupied portion & letout portion shall be treated as 2 separate houses. • Income shall be computed separately for both the houses. • Reasonable rent, municipal tax, interest etc shall be divided in proportion to area. • Actual rent receivable/ un realized shall be for let out portion only. 9:25 PM © CA. Dr. Prithvi R Parhi 29
30.
/55 Time Wise Partly self
Occupied & Partly letout - Sec 23(3) • No benefit for Self Occupied period. • Income shall be computed separately as if the house is let out throughout the year. • Actual rent receivable shall be computed for let out period only. • Steps: 1. Calculate Reasonable Rent for the whole year. 2. Calculate Actual rent receivable (less Unrealized rent) only for the let out period. 3. GAV shall be higher of 1 & 2. 4. However, if Step 2 is less than step 1 due to vacancy period , then Step 2 is the GAV. This point is not applicable if step 2 is already higher than step 1 • Self occupied period can not be treated as vacant period. • If Fair Rent is not available, the same shall be computed by using Actual rent receivable ( of the letout period) for the entire PY. 9:25 PM © CA. Dr. Prithvi R Parhi 30
31.
/55 Area wise as
well as Time Wise Partly self Occupied & Partly letout - Sec 23(3) • Shall have both the features of Area-wise & Time Wise Partly self Occupied & Partly letout . 9:25 PM © CA. Dr. Prithvi R Parhi 31
32.
/55 9:25 PM © CA.
Dr. Prithvi R Parhi 32
33.
/55 Exempted Buildings 1. Farm
houses outside the specified area-section 10 (1); 2. Buildings owned by an educational or charitable institution – section 10(203C) or section 11; 3. Buildings owned by a trade union - section 10 (24); 4. Buildings owned by a political party in-section 13A; 5. Buildings owned by a local authority -section 10 (20); and 6. Buildings owned by Approved scientific research institution - section 10(21). 9:25 PM © CA. Dr. Prithvi R Parhi 33
34.
/55 Consideration of HP
loss for TDS on salary • The deductor shall consider loss on House property for TDS on Salaries. 9:25 PM © CA. Dr. Prithvi R Parhi 34
35.
Thank you prithvi.baps@gmail.com 9:25 PM
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