Tagged: Section 24

ATM :: Second home loan tax benefits

A second home loan may seem daunting, but if implemented correctly, can lead to a great deal of savings on income tax
By: Harshil Mehta | Updated: December 26, 2016 7:27 AM | The Financial Express


An individual who has taken loan for the second house is eligible to claim deduction, under Section 24 for the interest he has paid towards the loan amount.

Many people in India buy a second home for various reasons. It can be as an investment for capital appreciation, for use as a holiday home, to get a regular stream of income by way of rentals or to diversify their investment portfolio. The return on real estate as an investment is second only to equity and this makes investment in real estate a must-have in the portfolio of an investor.

In India, a bulk of the home loan is taken by customers to buy their first home to live in and everyone knows that getting a home loan entails several income tax benefits, but the benefits which follow a second home loan are not talked about as much. So primarily, due to little awareness around the tax implications of the second home, and lack of knowledge of the benefits, most people don’t even consider it. A second home loan may seem like a daunting task, but if implemented correctly, can lead to a great deal of savings on income tax.

Second home self-occupied

You can avail deduction on interest paid towards home loan. An individual who has taken loan for the second house is eligible to claim deduction, under Section 24 for the interest he has paid towards the loan amount. There is also no maximum limit for the exemption on interest paid on the second home loan. However, an individual in this case will not be eligible to claim any exemption under Section 80 C as the second home will not be considered as self occupied property. For example, if an individual has taken a second home loan and he has paid R1 lakh as interest and R50,000 as principal amount for a year, he can then claim income tax benefit on R1 lakh.

Under-construction property

You can avail deduction on interest during the pre-construction period. An individual who has a second home loan for an under-construction property can claim tax deduction on 20% of total interest paid during the pre-construction period. The maximum time limit to avail this tax benefit is five years. For example, if a second home loan tax benefit for interest during under construction or pre-construction period is R1.5 lakh, an individual can claim R30,000 per year for five years and not beyond.

Claim taxes paid to local bodies

An individual can also claim tax deduction on the taxes paid to the local authorities in the financial year in which they are paid. These include municipal or property taxes. It can be claimed on accrual basis and not payment basis.

Repair, maintenance charges

One can also claim tax benefits on repair and maintenance of the property. It is a fixed rebate that an individual can claim irrespective of the expenditures one has actually incurred. It is flat 30% and is allowed after the deduction of property tax for the fair rental value of the property.

A second home loan can bring definitive advantages to individual borrowers. Home loans have enabled dreams of home ownership within the reach of the common man. Various tax benefits have made it one of the most preferred options to fund home buying.

The writer is CEO, DHFL

Source: https://goo.gl/MnRbdn

NTH :: Use housing society letter for loan interest sop: ITAT

TNN | Updated: Oct 31, 2016, 04.50 AM IST | Times of India


MUMBAI: In a recent order, the income tax appellate tribunal’s Mumbai bench has held that to claim an interest deduction against a home loan, a taxpayer is not required to submit a completion certificate from any government authority as proof of having obtained possession within the stipulated time period; in this case, three years from the end of the financial year during which the loan was taken. A certificate from the housing society is sufficient evidence, ruled the ITAT, a body that resolves income tax disputes.

The order will come as a major relief to home buyers facing litigation over deductibility of interest on home loans.

Under the Income-Tax (I-T) Act’s Section 24, interest paid on home loans is allowed as a deduction, subject to a yearly cap. Over the years, this cap been enhanced to Rs 2 lakh from Rs 1.5 lakh.

However, to claim deduction, possession of the residential property must be obtained or its construction completed in five years from end of the financial year during which the loan was taken.

The Finance Act, 2016, has increased this period to five years from the earlier three. When interest on a home loan is allowed as a deduction, it reduces the total taxable income, resulting in a lower I-T outgo.

In this case before the ITAT, relating to the financial year 2006-07, Sudhakar Mody bought a flat from Marathon Realty by availing of an IDBI Bank home loan. He claimed a deduction of interest of Rs 1.5 lakh, which was then the maximum amount allowed as a deduction each year. However, the I-T officer asked Mody to furnish a completion certificate from a government authority. As this was not furnished, the interest deduction claim was denied. This act of the I-T officer was upheld by the commissioner of I-T (appeals).

The tax tribunal observed that the flat was ready by October, 2006, and that a soft possession had been given to the flat owner. Further, Mody had obtained the flat’s final possession on March 24, 2007-before the end of the financial year on March 31. As evidence of the possession, Mody had furnished to the commissioner of I-T (appeals) a certificate from the housing society.

It is illegal to occupy a flat without an Occupancy Certificate by the local authority and moreover also be prosecuted

The ITAT held the taxpayer had obtained possession of the flat within the stipulated time period. The ITAT further stated: “The proviso to Section 24 of the I-T Act nowhere states that the taxpayer should furnish a completion certificate from the appropriate government authorities.”

The certificate from the housing society was held by ITAT as sufficient proof of the flat’s possession. In its order dated October 19, the ITAT concluded that the taxpayer was entitled to his claim for deduction of interest against a home loan of Rs 1.5 lakh.

Source: https://goo.gl/HzB1Ll

ATM :: Taking a joint home loan with the spouse? Here are the pros and cons

ET Bureau | Nov 10, 2014, 08.00AM IST | Economic Times
Deepak Gupta and his lawyer wife, Jayshree, have decided to buy a house after staying in a rented flat for seven years. Based on his current income, Deepak is eligible for a smaller loan. However, both of them are keen on a bigger house in the same locality. The lender suggests a joint home loan, and the Guptas want to know the benefits and risks of a loan with the spouse?

Joint debt has become a part of the household finance these days, but one must take into account a few things before opting for it. First, being a co-borrower for a house does not automatically make one a co-owner. Second, repayment of a joint home loan is the collective responsibility of both the borrower and co-borrower and each of them is liable for the loan.

A joint home loan also means eligibility for a higher loan amount. The lender takes into account both their incomes to determine the eligibility of loan, and this can enable the Guptas to buy the bigger house that they want. Both can enjoy the tax benefit available for a home loan and individually claim deduction. This is for both repayment of principal under Section 80C and interest repaid under Section 24 of the Income Tax Act. This brings down the family’s total tax liability. However, co-ownership is mandatory to avail of tax benefits.

However, there may be problems for Guptas in case of divorce. If the spouse who is moving out of the house refuses to pay the loan, or if one of them files for insolvency, or if one passes away, it becomes the co-borrower’s responsibility to repay the entire loan. In the event of a default, there could be legal action against all joint borrowers.

The repayment record of a joint home loan reflects in the credit score of all co-borrowers. Hence, a default in payment by the partners can impact the eligibility for a loan in the future. In cases of amicable separation, the Guptas might want to convert the joint home loan to a single loan, but the lenders will not permit it if the eligibility criteria comes under stress and could ask for an alternate co-borrower.

While joint home loans offer benefits, precautionary measures must be taken to protect one from associated risks. Before Jayshree signs as a co-applicant, she should ensure the ownership right to property. The couple should also take separate term plans to reduce the financial burden on one spouse in case of the other’s demise.

Source : http://goo.gl/4jIY0K