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INCOME FROM HOUSE PROPERTY

INCOME FROM HOUSE PROPERTY

Discuss INCOME FROM HOUSE PROPERTY within the Taxation and financial services forums, part of the Upload / Download Banking and Insurance Projects and Notes category; INCOME FROM HOUSE PROPERTY ____________________________________________ STRUCTURE 6.0 Introduction 6.1. Objectives 6.2. Basis of charge (Section 22) 6.2.1. Applicability of Section ...

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Red face INCOME FROM HOUSE PROPERTY - January 4th, 2008

INCOME FROM HOUSE PROPERTY

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STRUCTURE
6.0 Introduction
6.1. Objectives
6.2. Basis of charge (Section 22)
6.2.1. Applicability of Section 22
6.2.2. Property incomes exempt from tax
6.3. Computation of income from let out house property
6.3.1. Determination of annual value
6.3.2. Deductions under section 24
6.4. Computation of income from self-occupied house property
6.5. Some special provisions relating to income from house property
6.6. Let us sum up
6.7. Self-Assessment Questions
6.8. Sources and further readings
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6.0 INTRODUCTION
This lesson deals with income, which falls under the head ‘Income from house
property’. The scope of income charged under this head is defined by section 22
of the Income Tax Act and the computation of income falling under this head is
governed by sections 23 to 27. All the provisions relating to tax treatment of
income from house property are explained in this lesson.
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6.1 OBJECTIVES
After going through this lesson, you will be able to understand:
• The meaning of house property
• Who is treated as owner of house property
• The treatment of rental income from properties under different
circumstances
• Determination of the annual value of a house property
• The expenses deductible from rental/notional income from house property
• Special treatment given to self-occupied house property
• Treatment of income/loss from house property.
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6.2 BASIS OF CHARGE (SECTION 22)
The annual value of a property, consisting of any buildings or lands appurtenant
thereto, of which the assessee is the owner, is chargeable to tax under the head
‘Income from house property’. However, if a house property, or any portion
thereof, is occupied by the assessee, for the purpose of any business or profession,
carried on by him, the profits of which are chargeable to income-tax, the value of
such property is not chargeable to tax under this head.
Thus, three conditions are to be satisfied for property income to be taxable under
this head.
1. The property should consist of buildings or lands appurtenant thereto.
2. The assessee should be the owner of the property.
3. The property should not be used by the owner for the purpose of any
business or profession carried on by him, the profits of which are
chargeable to income-tax.
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6.2.1 APPLICABILITY OF SECTION 22
Buildings or lands appurtenant thereto
The term ‘building’ includes residential houses, bungalows, office buildings,
warehouses, docks, factory buildings, music halls, lecture halls, auditorium etc.
The appurtenant lands in respect of a residential building may be in the form of
approach roads to and from public streets, compounds, courtyards, backyards,
playgrounds, kitchen garden, motor garage, stable or coach home, cattle-shed etc,
attached to and forming part of the building. In respect of non-residential
buildings, the appurtenant lands may be in the form of car-parking spaces, roads
connecting one department with another department, playgrounds for the benefit
of employees, etc.
All other types of properties are excluded from the scope of section 22. Rental
income from a vacant plot of land (not appurtenant to a building) is not
chargeable to tax under the head ‘Income from house property’, but is taxable
either under the head ‘Profits and gains of business or profession’ or under the
head ‘Income from other sources’, as the case may be. However, if there is land
appurtenant to a house property, and it is let out along with the house property,
the income arising from it is taxable under this head.
Ownership of house property
It is only the owner (or deemed owner) of house property who is liable to tax on
income under this head. Owner may be an individual, firm, company, cooperative
society or association of persons. The property may be let out to a third
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party either for residential purposes or for business purposes. Annual value of
property is assessed to tax in the hands of the owner even if he is not in receipt of
the income. For tax purposes, the assessee is required to be the owner in the
previous year only. If the ownership of the property changes in the relevant
assessment year, it is immaterial as the tax is to be paid on the income of the
previous year.
Income from subletting is not taxable under section 22. For example, A owns a
house property. He lets it out to be B. B further lets it (or a portion of it) out to C.
Rental income of A is taxable under the head ‘Income from house property’.
However, since B is not the owner of the house, his income is not taxable as
income from house property, but as income from other sources under section 56.
Deemed owner: Section 27 of the Income Tax Act provides that, in certain
circumstances, persons who are not legal owners are to be treated as deemed
owners of house property for the purpose of tax liability under this head.
1. If an individual transfers a house property to his or her spouse (except in
connection with an agreement to live apart) or to a minor child (except a
married daughter) without adequate consideration, he is deemed as the
owner of the property for tax purposes. However, if an individual transfers
cash to his or her spouse or minor child, and the transferee acquires a
house property out of the gifted amount, the transferor shall not be treated
as the deemed owner of the house property.
2. The holder of an Impartible Estate is deemed to be the owner of all the
properties comprised in the estate.
3. A member of a co-operative society, company or association of persons, to
whom a property (or a part thereof) is allotted or leased under a housebuilding
scheme of the society, company or association, is deemed to be
the owner of such property.
4. A person who has acquired a property under a power of attorney
transaction, by satisfying the conditions of section 53A of the Transfer of
Property Act, that is under a written agreement, the purchaser has paid the
consideration or is ready to pay the consideration and has taken the
possession of the property, is the deemed owner of the property, although
he may not be the registered owner.
5. A person who has acquired a right in a building (under clause (f) of
section 269UA), by way of a lease for a term of not less than 12 years
(whether fixed originally or extended through a provision in the
agreement), is the deemed owner of the property. This provision does not
cover any right by way of a lease renewable from month to month or for a
period not exceeding one year.
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Ownership must be of the superstructure. It is not necessary that the assessee is
also the owner of the land. Thus, when a person obtains a piece of land on lease
and constructs a building on it, the income from such building will be taxed in his
hands as income from house property.
Property used for own business or profession
The owner of a house property is not liable to tax under this head if the property is
used by him for his own business or profession. But the business or profession
should be such whose income is chargeable to tax. Chargeability to tax does not
mean that the income is actually taxed. It is possible that in a particular year the
profits are not sufficient enough to attract tax liability. What it means is that the
income from such business or profession is not exempt from tax.
If an employer builds quarters for residential use by his employees and the letting
out of these quarters is considered as incidental to his business, the income from
such property is not taxable under this head, because the property in this case is
considered to be used by the owner for his own business. It shall, therefore, be
taxed as business income.
The above position will not change even if the buildings are let out to government
authorities for locating their undertakings like Banks, Post Office, Police Station,
Central Excise Office, etc., provided the dominant purpose of letting out the
accommodation is to enable the assessee to carry on his business more efficiently
and smoothly. Also, income from paying-guest accommodation is taxable as
income from business.
Where house property owned by a partner is used by the firm (neither it is let out
to the firm nor any rent is obtained for it) for its business purposes, the partner is
entitled to the exemption.
The reason for this exemption is that the notional rent of property is not allowable
as a permissible deduction while computing business income, if a person carries
on the business or profession in his own house property.
Composite rent
In some cases, the owner obtains rent of other assets (like furniture) or he charges
for different services provided in the building (for instance, charges for lift,
security, air conditioning, etc.), apart from obtaining the rent of the building. The
amount so recovered is known as composite rent.
If the owner of a house property gets a composite rent for the property as well as
for services rendered to the tenants, composite rent is to be split up and the sum
which is attributable to the use of property is to be assessed in the form of annual
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value under section 22. The amount which relates to rendition of the services
(such as electricity supply, provisions of lifts, supply of water, watch and ward
facilities, etc.) is charged to tax under the head ‘Profits and gains of business or
profession’ or under the head ‘Income from other sources’.
If there is letting of machinery, plant and furniture and also letting of the building
and the two lettings form part and parcel of the same transaction or the two
lettings are inseparable, then such income is taxable either as business income or
income from other sources. This happens in the case of letting out of hotel rooms,
theatres, auditoriums, etc. It is commonly understood that the charges per day for
a room in a hotel are not specifically for the room only. In fact, a major portion of
room tariff is for the amenities and services provided in the hotel. Similar is the
case where a cinema house is let out at composite rent charged for the building,
furniture, machines, equipment, staff, power consumption, etc. In all such cases,
the composite rent received by the owner of the property is not to be split up and
nothing is taxable as income from house property.
Rental income of a dealer in house property
If a person is engaged in the business of purchasing house properties with the
purpose of letting them on high rents and disposing off those properties which are
not profitable for this purpose, the rental income from such property will not be
taxed as business income. Any rent from house property, whether received by a
dealer or a landlord, is taxable under the head ‘Income from house property’. It
will remain so even if the property is held by the assessee as stock-in-trade of a
business or if the assessee is a company which is incorporated for the purpose of
building houses and letting them on rent.
Disputed ownership
If the title of ownership of a house property is disputed in a court of law, the
decision as to who is the owner rests with the Income-tax Department. Mere
existence of dispute as to title cannot hold up an assessment even if a suit has
been filed. Generally the recipient of rental income or the person who is in
possession of the property is treated as owner.
House property in a foreign country
A resident assessee is taxable under section 22 in respect of annual value of a
property in a foreign country. A resident but not ordinarily resident or a nonresident
is, however, chargeable under section 22 in respect of income of a house
property situated aboard, provided income is received in India during the previous
year. If tax incidence is attracted under section 22 in respect of a house property
situated abroad, its annual value will be computed as if the property is situated in
India.
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Check Your Progress
Activity A:
Explain whether the income from house property will be taxable or not u/s 22 in
the hands of X in the following circumstances:
1. X owns a building. It is given on rent to Y, who uses it as his office.
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2. X owns a house property. He uses it as the godown for the goods produced
by his factory.
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3. X rents out his property as residential quarters to the workers in his factory
at a nominal rent of Rs.500 p.m.
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4. X enters into a written agreement to purchase a property from Y for Rs.25,
00,000. He has paid the consideration and taken the possession of the
property but the property is yet to be registered in the name of X.
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5. X owns a property, which is given on lease to Y for a period of 6 years,
lease rent being Rs.10, 000 per month. Y has a right to get the lease
renewed for a further period of 6 years.
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6. X owns a property, which is given on lease to Y for a period of one month,
rent being Rs.5, 000. Y has a right to get the lease renewed for a period of
one month, in each subsequent month, and such renewal is possible with
mutual consent till 2020.
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7. X owns a property, which is given on rent to Y. Y annually pays Rs.
1,50,000 as rent of the building as well as the charges for different
services (like lift, security, etc.) provided by X.
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8. X owns an air-conditioned furnished lecture hall. It is let out, annual rent
being Rs.5, 00,000, which includes rent of building as well as rent of airconditioner
and furniture.
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6.2.2 PROPERTY INCOMES EXEMPT FROM TAX
Some incomes from house property are exempt from tax. They are neither taxable
nor included in the total income of the assessee for the rate purposes. These are:
1. Income from a farm house [section 2(1A) (c) and section 10(1)].
2. Annual value of one palace in the occupation of an ex-ruler [section
10(19A)].
3. Property income of a local authority [section 10(20)].
4. Property income of an approved scientific research association [section
10(21)].
5. Property income of an educational institution and hospital [section
10(23C)].
6. Property income of a registered trade union [section 10(24)].
7. Income from property held for charitable purposes [section 11].
8. Property income of a political party [section 13A].
9. Income from property used for own business or profession [section 22].
10. Annual value of one self occupied property [section 23(2)].
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____________________________________________
6.3 COMPUTATION OF INCOME FROM
LET OUT HOUSE PROPERTY
Income from house property is determined as under:
Gross Annual Value xxxxxxx
Less: Municipal Taxes xxxxxxx
Net Annual Value xxxxxxx
Less: Deductions under Section 24
- Statutory Deduction (30% of NAV) xxxxxxx
- Interest on Borrowed Capital xxxxxxx
Income From House Property xxxxxxx
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6.3.1 DETERMINATION OF ANNUAL VALUE
The basis of calculating Income from House property is the ‘annual value’. This
is the inherent capacity of the property to earn income and it has been defined as
the amount for which the property may reasonably be expected to be let out from
year to year. It is not necessary that the property should actually be let out. It is
also not necessary that the reasonable return from property should be equal to the
actual rent realized when the property is, in fact, let out. Where the actual rent
received is more than the reasonable return, it has been specifically provided that
the actual rent will be the annual value. Where, however, the actual rent is less
than the reasonable rent (e.g., in case where the tenancy is affected by fraud,
emergency, close relationship or such other consideration), the latter will be the
annual value. The municipal value of the property, the cost of construction, the
standard rent, if any, under the Rent Control Act, the rent of similar properties in
the same locality, are all pointers to the determination of annual value.
Gross Annual Value [Section 23(1)]
The following four factors have to be taken into consideration while determining
the Gross Annual Value of the property:
1. Rent payable by the tenant (actual rent)
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2. Municipal valuation of the property.
3. Fair rental value (market value of a similar property in the same area).
4. Standard rent payable under the Rent Control Act.
Actual Rent: It is the most important factor in determining the annual value of a
let out house property. It does not include rent for the period during which the
property remains vacant. Moreover, it does not include the rent that the tax payer
is unable to realize, if certain conditions are satisfied. Sometimes a tenant pays a
composite rent for the property as well as certain benefits provided by the
landlord. Such composite rent is to be disintegrated and only that part of it which
is attributable to the letting out of the house property is to be considered in the
determination of the annual value.
Municipal Valuation: Municipal or local authorities charge house tax on
properties situated in the urban areas. For this purpose, they have to determine the
income earning capacity of the property so as to calculate the amount of house tax
to be paid by the owner of the property. But this valuation cannot be treated as a
conclusive evidence of the rental value of the property, although such valuation is
given due consideration by the Assessing Officer.
Fair Rental Value: It is the rent normally charged for similar house properties in
the same locality. Although two properties cannot be alike in every respect, the
evidence provided by transactions of other parties in the matter of other properties
in the neighborhood, more or less comparable to the property in question, is
relevant in arriving at reasonable expected rent.
Standard Rent: Standard Rent is the maximum rent which a person can legally
recover from his tenant under a Rent Control Act. This rule is applicable even if a
tenant has lost his right to apply for fixation of the standard rent. This means that
if a property is covered under the Rent Control Act, its reasonable expected rent
cannot exceed the standard rent.
The Gross Annual Value is the municipal value, the actual rent (whether
received or receivable) or the fair rental value, whichever is highest. If,
however, the Rent Control Act applies to the property, the gross annual
value cannot exceed the standard rent under the Rent Control Act, or the
actual rent, whichever is higher.
If the property is let out but remains vacant during any part or whole of the year
and due to such vacancy, the rent received is less than the reasonable expected
rent, such lesser amount shall be the Annual value.
For the purpose of determining the Annual value, the actual rent shall not include
the rent which cannot be realized by the owner. However, the following
conditions need to be satisfied for this:
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(a) The tenancy is bona fide;
(b) The defaulting tenant has vacated, or steps have been taken to compel him to
vacate the property.
(c) The defaulting tenant is not in occupation of any other property of the assessee;
(d) The assessee has taken all reasonable steps to institute legal proceedings for
the recovery of the unpaid rent or satisfied the Assessing Officer that legal
proceedings would be useless.
ILLUSTRATION 6.1
Find the Gross Annual Value in the case of the following properties:
(1) (2) (3) (4) (5)
Municipal value 52,000 1, 00,000 60,000 75,000 1, 80,000
Fair rent 60,000 1, 02,000 68,000 70,000 1, 85,000
Standard rent NA 90,000 70,000 60,000 1, 75,000
Actual rent receivable 55,000 95,000 72,000 72,000 1, 68,000
Unrealized rent _ _ 5,000 _ 42,000
Period of vacancy _ _ _ 8 months 1 month
SOLUTION
(1) Since Rent Control Act is not applicable, GAV will be the highest of
municipal value, fair rent and actual rent. Hence, the GAV will be Rs. 60,000.
(2) GAV cannot exceed the standard rent or actual rent, whichever is higher.
Therefore, GAV will be Rs. 95,000.
(3) Actual rent receivable will be reduced by the amount of unrealized rent i.e. Rs.
72,000 – Rs. 5,000 = Rs. 67,000. Now, GAV will be the highest of municipal
value, fair rent and actual rent, subject to the maximum of standard rent. Hence,
GAV will be Rs. 68,000.
(4) GAV will be the actual rent receivable adjusted by the loss due to vacancy i.e.
Rs. 72,000 – Rs. 48,000 = Rs. 24,000.
(5) Actual rent receivable will be reduced by the amount of unrealized rent and
loss due to vacancy i.e. Rs. 1, 68,000 – Rs. 42,000 – Rs. 14,000 = Rs. 1, 12,000.
Now, we will take the highest of municipal value, fair rent and actual rent, subject
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to the maximum of standard rent. So, GAV will be Rs. 1, 75,000 reduced by the
loss due to vacancy i.e. Rs. 1, 75,000 – Rs. 14,000 = Rs.1, 61,000.
CHECK YOUR PROGRESS
Activity B: Explain the various key words that are used in the calculation of
Gross Annual Value.
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Activity C: Find the Gross Annual Value of a house property whose municipal
valuation is Rs. 80,000, fair rent is Rs. 90,000 and standard rent is Rs. 75,000.
The house is let out to a third party for a monthly rent of Rs. 7,000 for 10 months
and remains vacant for the remaining part of the year.
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__________________________________________________ ________________
Deduction of Municipal Taxes
From the annual value as determined above municipal taxes are to be deducted if
the following conditions are fulfilled:
• The property is let out during the whole or any part of the previous year
• The Municipal taxes must be borne by the landlord
(If the Municipal taxes or any part thereof are borne by the tenant, it will
not be allowed).
• The Municipal taxes must be paid during the year
(Where the municipal taxes become due but have not been actually paid, it
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will not be allowed. Similarly, the year to which the taxes relate to, is also
immaterial).
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6.3.2 DEDUCTIONS UNDER SECTION 24
Two deductions will be allowed from the net annual value (which is gross annual
value less municipal taxes) to arrive at the taxable income under the head ‘income
from house property’. It has to be borne in mind that the deductions mentioned
here (section 24) are exhaustive and no other deductions are allowed. The
deductions admissible are as under:
Statutory deduction:
30 per cent of the net annual value will be allowed as a deduction towards repairs
and collection of rent for the property, irrespective of the actual expenditure
incurred.
Interest on borrowed capital:
The interest on borrowed capital will be allowable as a deduction on an accrual
basis if the money has been borrowed to buy or construct the house. Amount of
interest payable for the relevant year should be calculated and claimed as
deduction. It is immaterial whether the interest has actually been paid during the
year or not. However, there should be a clear link between the borrowal and the
construction/purchase etc., of the property. If money is borrowed for some other
purpose, interest payable thereon cannot be claimed as deduction.
The following points are to be kept in mind while claiming deduction on account
of interest on borrowed capital:
1. In case the property is let out, the entire amount of interest accrued during
the year is deductible. The borrowals may be for construction/acquisition
or repairs/renewals.
2. A fresh loan may be raised exclusively to repay the original loan taken for
purchase/ construction etc., of the property. In such a case also, the interest
on the fresh loan will be allowable.
3. Interest payable on interest will not be allowed.
4. Brokerage or commission paid to arrange a loan for house construction
will not be allowed.
5. When interest is payable outside India, no deduction will be allowed
unless tax is deducted at source or someone in India is treated as agent of
the non-resident.
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Interest attributable to period prior to construction/acquisition
Money may be borrowed prior to the acquisition or construction of the property.
In such a case, the period commencing from the date of borrowing and ending on
the date of repayment of loan or on March 31 immediately preceeding the date of
acquisition or completion of construction, whichever is earlier, is termed as the
pre-construction period. The interest paid/payable for the pre-construction period
is to be aggregated and claimed as deduction in five equal instalments during five
successive financial years starting with the year in which the acquisition or
construction is completed. This deduction is not allowed if the loan is utilized
for repairs, renewal or reconstruction.
ILLUSTRATION 6.2
X takes a loan of Rs. 10, 00,000 @ 12% p.a. on July1, 2001 for the construction
of a house property. The construction of the property is completed on January15,
2004. Calculate the amount of interest deductible in the different previous years.
SOLUTION
12% of Rs. 10, 00,000 = Rs. 12,000 will be deductible from the annual value of
the house property every year till the loan is repaid.
Interest for the pre-construction period i.e. from July 1, 2001 to March 31, 2003
(immediately preceeding the previous year during which the construction of the
house property is completed) will be Rs. 12,000 *21/12 = Rs. 21,000. It will be
deductible in 5 equal installments of Rs. 4,200 each starting from the previous
year in which the construction is completed i.e. 2003-04. Therefore, the total
amount deductible as interest on borrowed capital for the first 5 previous years
2003-04, 2004-05, 2005-06, 2006-07 and 2007-08 will be Rs. 12,000 + 4,200 =
Rs. 16,200.
CHECK YOUR PROGRESS
Activity D
X took a loan of Rs. 1, 00,000 @ 15% per annum on May 1, 2004 for the
construction of his house. The construction of the house was completed on
January 31, 2006. Calculate the amount of interest deductible in the previous year
2005-06.
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Activity E:
Arrange the following key terms in the order in which they are used in the
calculation of income from house property.
Net Annual Value Gross Annual Value Interest on borrowed capital
Municipal valuation Municipal taxes Actual rent Fair rent
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6.4 COMPUTATION OF INCOME FROM
SELF – OCCUPIED HOUSE PROPERTY
The annual value of one self-occupied house property, which has not been
actually let out at any time during the previous year, is taken as ‘Nil’ [Section
23(2) (a)]. From the annual value, only the interest on borrowed capital is allowed
as a deduction under section 24. The amount of deduction will be:
• Either the actual amount accrued or Rs.30,000/- whichever is less
• When borrowal of money or acquisition of the property is after
31.3.1999 - deduction is Rs.1, 50,000/- applicable to A.Y 2002-03 and
onwards.
However, if the borrowal is for repairs, renewals or reconstruction, the
deduction is restricted to Rs.30, 000. If the borrowal is for
construction/acquisition, higher deduction as noted above is available.
If a person owns more than one house property, using all of them for selfoccupation,
he is entitled to exercise an option in terms of which, the annual value
of one house property as specified by him will be taken at Nil. The other self
occupied house property/is will be deemed to be let out and their annual value
will be determined on notional basis as if they had been let out.
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Annual Value of one house away from work place [Section 23(2) (b)]
A person may own a house property, for example, in Bangalore, which he
normally uses for his residence. He is transferred to Chennai, where he does not
own any house property and stays in a rental accommodation. In such a case, the
house property in Bangalore cannot be used for self-occupation and notional
income, therefore, would normally have been chargeable although he derives no
benefit from the property. To save the tax payer from hardship in such situations,
it has been specifically provided that the annual value of such a property would be
taken to be nil subject to the following conditions:
• The assessee must be the owner of only one house property.
• He is not able to occupy the house property because of his employment,
business etc., away from the place where the property is situated.
• The property should not have been actually let or any benefit is derived
therefrom.
• He has to reside at the place of employment in a building not belonging to
him.
Annual Value of a house property which is partly self – occupied and partly
let out
If a house property consists of two or more independent residential units, one of
which is self – occupied and the other unit(s) are let out, the income from the
different units is to be calculated separately. The income from the unit which is
self – occupied for residential purposes is to be calculated as per the provisions of
Section 23(2)(a) i.e. the annual value will be taken as nil and only interest on
borrowed capital will be deductible upto the maximum limit of Rs. 1,50,000 or
Rs. 30,000, as the case may be. The income from the let out unit(s) will be
calculated in the same manner as the income from any let out house property.
If a house property is self – occupied for a part of the year and let out for the
remaining part of the year, the benefit of Section 23(2) (a) is not available and the
income from the property will be calculated as if it is let out.
ILLUSTRATION 6.3
X owns two houses. The relevant details are as follows:
House I House II
Self – occupied April 1, 2005 to July 1, 2005 to
June 30, 2005 March 31, 2006
Let out July 1, 2005 to April 1, 2005 to
March 31, 2006 June 30, 2005
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Rent per month Rs. 8,000 Rs. 5,000
Municipal valuation Rs. 90,000 Rs. 60,000
Fair rent Rs. 1, 00,000 Rs. 65,000
Standard rent Rs. 1, 00,000 Rs. 50,000
Rent of let out period Rs. 72,000 Rs. 15,000
Municipal taxes paid Rs. 12,000 Rs. 8,000
Interest on borrowed capital Rs. 20,000 Rs. 4,000
Calculate income from house property for the assessment year 2006-07.
SOLUTION
House I House II
Gross Annual Value 1, 00,000 50,000
Less: Municipal taxes 12,000 8,000
Net Annual Value 88,000 42,000
Less: Deductions under Section 24
Statutory deduction (30% of NAV) 26,400 12,600
Interest on borrowed capital 20,000 4,000
Income from house property 41,600 25,400
ILLUSTRATION 6.4
X owns a big house which has three independent units. Unit I (50% of the floor
area) is let out for residential purpose on a monthly rent of Rs. 8,000. This unit
remains vacant for one month when it is not put to any use. A sum of Rs. 1,500
could not be collected from the tenant. Unit II (25% of the floor area) is used by X
for the purpose of his profession, while Unit III (the remaining 25%) is utilized by
him for the purpose of his residence. Other particulars of the house are as follows:
84
Municipal valuation: Rs. 60,000, fair rent: Rs. 70,000, standard rent: Rs. 90,000,
municipal taxes: Rs. 13,000, repairs: Rs. 4,000, interest on capital borrowed for
renewal of the property: Rs. 36,000 and fire insurance premium: Rs. 15,000.
Professional income of X is Rs. 90,000 (without debiting house rent and other
incidental expenditure including admissible depreciation on the portion of the
house used for profession: Rs. 8,000).
Determine the Gross Total Income of X for the assessment year 2006-07.
SOLUTION
Unit I (let out)
Municipal valuation (50% of Rs. 60,000) 30,000
Fair rent (50% of Rs. 70,000) 35,000
Standard rent (50% of Rs. 90,000) 45,000
Actual rent (Rs. 8,000 x 11 – 1,500) 86,500
(GAV will be the actual rent, since it is the highest)
Gross Annual Value 86,500
Less: Municipal Taxes (50% of Rs. 13,000) 6,500
Net Annual Value 80,000
Less: Deductions under Section 24
Statutory Deduction (30% of Rs. 80,000) 24,000
Interest on borrowed capital (50% of Rs. 36,000) 18,000 42,000
Income from Unit I 38,000
Unit III (self – occupied)
Annual Value NIL
Less: Interest on borrowed capital (25% of Rs. 36,000) 9,000
Income from Unit III - 9,000
Unit II (used for own profession)
85
Since Unit II is used by X for the purpose of his profession, its annual value will
not be charged to tax as income from house property, nor will the notional rent be
deductible from professional income. Other expenses relating to the portion of his
house used for the purpose of his profession will be deducted from his
professional income. Therefore, taxable professional income of X will be
calculated as follows:
Professional income 90,000
Less: Municipal taxes (25% of Rs. 13,000) 3,250
Repairs (25% of Rs. 4,000) 1,000
Interest (25% of Rs. 36,000) 9,000
Insurance premium (25% of Rs. 15,000) 3,750
Depreciation 8,000 25,000
Taxable professional income 65,000
Computation of Gross Total Income
Income from house property
Unit I 38,000
Unit II - 9,000 29,000
Income from profession 65,000
Gross Total Income 94,000
____________________________________________
6.5 SOME SPECIAL PROVISIONS
Taxability of Unrealized Rent recovered later (Section 25A)
Where any rent cannot be realized, and subsequently if such amount is realized,
such an amount will be deemed to be the income from house property of that year
in which it is received. We have seen earlier that the basic requirement for
assessment of this income is the ownership of the property. However, in the cases
where unrealized rent is subsequently realized, it is not necessary that the assessee
continues to be the owner of the property in the year of receipt also.
86
Assessment of arrears of rent received (Section 25B)
When the owner of a property receives arrears of rent from such a property, the
same shall be deemed to be the income from house property in the year of
receipt. 30% of the receipt shall be allowed as deduction towards repairs,
collection charges etc. No other deduction will be allowed. As in the case of
unrealized rent, the assessee need not be the owner of the property in the year of
receipt.
House property owned by co-owners (section 26)
If a house property is owned by two or more persons, then such persons are
known as co-owners. Co-owners are not taxable as an association of persons.
When the share of each co-owner is definite and ascertainable, it has been
provided that each of the owners will be assessed individually in respect of share
of income from the property. In other words, income from the property will be
determined and allocated to each co-owner according to his share. When each of
the co-owners of a property uses it for his residence, each of them will also get the
concessional treatment in respect of one self-occupied property.
Loss from house property
If the aggregate amount of permissible deductions exceeds the annual value of the
house property, there will be a loss from that property. So far as income from a
self-occupied property is concerned, and in respect of a property away from the
workplace, the annual value is taken at nil and no other deductions are allowed
except for interest on borrowed capital upto a maximum of Rs.30,000 or
Rs.1,50,000. In such cases, there may be a loss upto a maximum of Rs.30, 000 or
Rs.1, 50,000, as the case may be. However, in respect of a let out house property,
there are no restrictions on deductions and therefore, there can be loss of any
amount under this head.
The loss from one house property can be set off against the income from another
house property. The remaining loss, if any, can be set off against incomes under
any other head like salary. In case the loss does not get wiped out completely, the
balance will be carried forward to the next assessment year to be set off against
the income from house property of that year. However, such carry forward is
restricted to eight assessment years only.
6.6 LET US SUM UP
Under section 22 of the Income Tax Act, the annual value of house property,
consisting of buildings and lands appurtenant thereto, is taxable under the head
87
‘Income from house property’, in the hands of the owner (or deemed owner) of
the property, provided that the property is not used by the assessee for the purpose
of his own business or profession.
For determining the annual value of the house property, the actual rent received or
receivable from the property, the municipal valuation, the fair rental value and the
standard rent under the Rent Control Act are taken into account.
From the Gross Annual Value of the property, the Municipal Taxes are deducted
to arrive at the Net Annual Value. Section 24 of the Income Tax Act provides that
30% of the NAV and the interest on borrowed capital shall be deducted from the
NAV to obtain the taxable income from house property.
As per Section 23(2) of the Income Tax Act, the annual value of one selfoccupied
house property is taken to be nil. No deductions are permissible from the
annual value of such property, except the interest on borrowed capital, subject to
the maximum limit of Rs.1, 50,000 or Rs.30, 000 as the case may be.
The above provisions may result in loss from house property, which may be set
off against income from another house property or against incomes under the
other heads. The balance loss may be carried forward, to be set off against the
income from house property, upto a maximum of eight assessment years.
___________________________________________
6.7 SELF - ASSESSMENT QUESTIONS
1. What is ‘annual value’? How is the annual value of a let out house-property
determined?
2. How will you arrive at the annual value of a house property which is partly
let out and partly self- occupied during the previous year?
3. Explain the provisions of the Income Tax Act with respect to the
computation of income from a self-occupied house property.
4. What deductions are allowed from the annual value in computing the taxable
income from house property?
5. Explain the tax treatment of unrealized rent.
6. ‘It is only the owner of the house property who is chargeable to tax on
income from house property’. Explain.
88
7. Compute taxable income from house property from the following particulars:
Fair market rent Rs.80, 000
Actual rent Rs.72, 000
Municipal valuation Rs.50, 000
Standard rent Rs.60, 000
Municipal Taxes 20%
Interest paid Rs.18, 000
8. X owns a house whose Municipal valuation is Rs.30, 000 and the fair rent is
Rs.43, 200 per annum. During the previous year, the house is let out for
residential purposes w.e.f. 1st April, 2005 to 30th June, 2005 at the rate of
Rs.4, 000 per month and self-occupied for residential purposes for the
remaining part of the year. He incurred the following expenses in respect of
this house :
Municipal taxes Rs.6, 000, Ground rent Rs.5, 000 and Fire Insurance
Premium Rs.1, 000. A loan of Rs.50, 000 was taken on 1st April, 2000 at the
rate of 10% per annum for the construction of the house which was
completed on 1st January, 2003. No part of the loan has been repaid so far.
Compute his income from house property for the Assessment year 2006-
2007.
____________________________________________
6.8 SOURCES AND FURTHER READINGS
1. Dinker Pagare; Law and Practice of Income Tax; Sultan Chand & Sons;
latest edition.
2. Girish Ahuja and Ravi Gupta; An Elementary Approach to Income Tax &
Sales Tax; Bharat Publications; latest edition.
3. H.C. Mehrotra; Income-tax Law and Accounts; Sahitya Bhawan; latest
edition.
4. Mahesh Chandra & D.C. Shukla; Income-tax Law and Practice; Pragati
Publications; latest edition.
5. Singhania V.K and Monica Singhania; Students’ Guide to Income Tax;
Taxmann Publications Pvt. Ltd.; latest edition.
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Re: INCOME FROM HOUSE PROPERTY - April 8th, 2012

Hi we are an real estate agency for commercial renting and leasing commercial property in st petersburg florida. You are welcome for any advice in renting and business in commercial leasing St Petersburg Florida.
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