Photo by occamIn this post, I’m going to answer various queries asked by readers regarding claiming tax benefits on home loans in India under different scenarios such as home loans for second house, claiming both HRA exemption as well as housing loan interest deduction and tax concession on joint home loans.
If you would like to understand the basic provisions of Income Tax Act, 1961 regarding eligibility of home loan interest under section 24(b) and principal repayment u/s 80C, read this post.
Home Loan Queries
Considering loss from House Property while calculating TDS from Salary
Q1: While planning my Income tax for the year 2009-10 in my office are not considering my interest on loan u/s 24(b) over & above Rs. 150000/-. I was told that only income will be considered for my TDS calculation not loss.
Is it wrong to consider income from Salary & Income/loss from House property for calculating TDS for the year 2009-10? Kindly do clarify me at the earliest.
I do not want my employer to deduct more TDS and finally land up in IT office to take refund may be 2 years later. [By Chandra Kanth B, Email: chandrakanthb [at] dcil.co.in]
Ans: Regarding set-off of loss from house property while calculating TDS on salary income, it has been specifically provided u/s 192 that loss from house property (irrespective of whether self-occupied or rented out) can be taken into account by the employer while calculating tax on salary income.
However, if it is your self-occupied property, loss can’t exceed the amount of interest deduction allowed under section 24. Put another way, loss from a self-occupied house property can’t exceed Rs 1.5 lakh.
But, if it is let-out or deemed to be let out, then the amount of loss can exceed Rs 1.5 lakh. But in such a case you need to provide your employer with detailed computation of loss from house property [i.e. Annual value less municipal taxes less standard deduction u/s 24(a) less interest on home loan u/s 24(b)].
Now, decide yourself whether the action of your employer is justified or not.
Joint Home Loans
Q2: I have a query regarding Home Loan. I will be purchasing a home with my name and my mother's name (as co-applicant). Also loan is in my name and co-applicant as my mother. I am planning to pay all EMIs, so can I opt for tax benefit on complete interest and principal (limited under section 80C and whatever) or will only be eligible for partial benefit as my mother is a co applicant (although not paying any EMI). Please help. Thanking you in anticipation. [By Nikhil Agrawal, email:mrnikhilagrawal [at]gmail.com]
Ans: It is not mentioned whether co-applicants are also co-owners.
There are two possible scenarios:
a.) Your mother is also a co-owner: In such a case while you can claim only proportionate part of interest u/s 24 according to your share in property (even though EMI’s will be paid entirely by you), principal repayment can be claimed fully (subject to limit of Rs 1 lakh u/s 80C).
b.) Your mother is not a Joint-owner: Here, you’ll be allowed entire interest (subject to maximum limit of Rs 1.5 lakh, in case of self-occupied house property) as well as principal repayment (maximum Rs 1 lakh).
Claiming HRA as well as Interest on Home Loan
Q3: I have an interesting question on HRA and house loan. I have two houses (A1 and A2) in city A (A1's home loan is closed and rented out. A2 has home loan and is currently occupied by my parents). Now I have moved to city B as I changed my job and so rented out a place in city B. Now my question is:
1. Can I claim HRA for the house that I am currently staying in city B?
2. Can I claim house interest deduction on the home loan that I have taken for house A2?
Your response will be highly appreciated. Thanks in advance. [By Wasim Raza, email: wasim.raza [at] ymail.com]
Ans: Yes, you can claim HRA exemption under section 10(13A) of the IT Act for the house you’ve rented in city B. Point need to be noted is that there is no co-relation between claiming HRA exemption and claiming housing loan benefits under Income Tax Act, 1961.
Yes, you’re also allowed to claim interest deduction u/s 24 and principal deduction u/s 80C on home loan taken for house A2. It will be considered your self-occupied house property for tax purposes although you’re staying in rented accommodation in another city on account of your job and accordingly you’ll be entitled to claim tax benefits on your second home loan.
Interest on Home Loans: Second House
Q4: I am private company employee. I stay in Ahmedabad city. I purchased my recent home in 2004 with house loan from bank. I took tax benefits. I repaid the loan in 2006 or 2007. I am staying in the same house. And since repayment of home loan I do not claim HRA or anything else. I purchased another house in same city – Ahmedabad in January, 2008 which I have given on rent. I pay EMI of around 22000 and get rent around 6000 per month.
My query is can I claim second house home loan benefits- entire interest amount (no limits for second house loan) – rent income as per 24(b)?
Ans: Yes, of course, you can claim the entire interest on housing loan u/s 24(b) since there is no limit in case of rented house property.
For the purpose of claiming tax benefits of home loans, there is no limit either to the number of houses you can own or to the number of home loans you can avail.
Q5: Myself is a salaried person working with Private Company in Gurgaon. I am having one flat in Ghaziabad which is rented out. I am planning to purchase another flat which will again be rented out. My questions are
1) Can I sign off the amount of Loss from house Property for loan availed on the both the properties?
2) Whether limit in my case would be u/s 24(b) would be 1.5 Lacs/house i.e. 3.0 Lacs for two houses.
Kindly reply in two contexts
1) If I also stay in Ghaziabad in my parental house and I am giving rent to my Father.
2) If I stay in Gurgaon on rent. [By Manish Gambhir, email: mgambhir_1001 [at] yahoo.co.in]
Ans: Yes, you can avail deduction u/s 24(b) on both the house properties. Furthermore, there is no limit for interest deduction in case of rented property. In other words, the limit of 1.5 lakh doesn’t apply in case of let out house property and you’ll allowed actual amount of interest paid (even if exceeding Rs 1.5 lakh) while calculating income / (loss) from both the houses.
In your case for the purpose of home loan interest deduction under section 24(b) of IT Act, 1961, it hardly matters whether you reside in Gurgaon or Ghaziabad. It is also immaterial whether you are paying rent or not. Similarly, it doesn't matter whether you pay rent to your father or to any third person.
The above factors will matter only if you want to claim HRA. These factors will also be relevant if either one or both of the houses is not rented-out. For further details read this post.
If you’ve any question relating to home loans, ask in the comment section and for other queries mail directly to feedback [at] themoneyquest [dot] com.
Also see:
1. 8 Tax Considerations to Know while buying a Property
2. 4 Ways of claiming HRA Exemption with Home Loan Tax Benefit
3. Home Loan Tax Benefits: Section 80C vs. Section 24(b)
4. Home Loan EMI Calculator in Excel