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.
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
Chandralekha Mukerji | ET Bureau | October 5, 2016
2016 is looking to be one of the best years for home buyers.
More tax benefits, rate cuts on loans, stagnant property prices, new launches in the ‘affordable’ segment with freebies and attractive payment schemes.
Many of you will be looking to take advantage of these benefits and buy a house.
While hunting for a house at the right price, you’ll be haggling with the bank to cut a loan deal too.
Even if you get a discount on both, your tax bill can burn a hole unless you know the rules well. Here goes a list of six lesser known and often-missed tax benefits on home loan.
You can claim tax benefit on interest paid even if you missed an EMI
Unlike the deduction on property taxes or principal repayment of home loan, which are available on ‘paid’ basis, the deduction on interest is available on accrual basis.
Meaning, even if you have missed a few EMIs during a financial year, you would still be eligible to claim deduction on the interest part of the EMI for the entire year.
“Section 24 clearly mentions the words “paid or payable” in respect of interest payment on housing loan.Hence, it can be claimed as a deduction so long as the interest liability is there,” says Kuldip Kumar, partner-tax, PwC India .
However, retain the documents showing the deduction so that you can substantiate if questioned by tax authorities. The principal repayment deduction under Section 80C, however, is available only on actual repayments.
Processing fee is tax deductible
Most taxpayers are unaware that charges related to their loan qualify for tax deduction.
As per law, these charges are considered as interest and therefore deduction on the same can be claimed.
“Under the Income Tax Act, Section 2(28a) defines the term interest as ‘interest payable in any manner in respect of any money borrowed or debt incurred (including a deposit, claim or other similar right or obligation)’.
” This includes any service fee or other charge in respect of the loan amount,” says Kumar. Moreover, there is a tribunal judgement which held that processing fee is linked to services rendered by the bank in relation to loan granted and is thus covered under service fee.
Therefore, it is eligible for deduction under Section 24 against income from house property .Other charges also come under this category but penal charges do not.
Principal repayment tax benefit is reversed if you sell before 5 years
You score negative tax points if you sell a house within five years from the date of purchase, or, five years from the date of taking the home loan.
“As per rules, any deduction claimed under Section 80C in respect to principal repayment of housing loan, would get reversed and added to your annual taxable income in the year in which the property is sold and you will be taxed at current rate,” says Archit Gupta, CEO, ClearTax.in.
Thankfully , the loan amortisation tables are such that the repayment schedule is interest heavy and the tax-reversal rule only apply to Section 80C.
Loans from relatives and friends is eligible for tax deduction
You can claim a deduction under Section 24 for interest repayment on loans taken from from anyone provided the purpose of the loan is purchase or construction of a property.
You can also claim deduction for money borrowed from individuals for reconstruction and repairs of property .
It does not have to be from a bank. “For tax purposes, the loan is not relevant, the usage is.
” The taxpayer should be able to satisfy the assessing officer how the loan has been utilised for constructing or purchasing a house property and completion of construction was within five years and other conditions are met,” says Gupta.
“The interest charged should be reasonable and a legal certificate of interest should be provided by the lender along with name, address and PAN,” says Gupta.
This rule, however, is only applicable for interest repayment.You will lose all tax benefits for principal repayment if you do not borrow from a scheduled bank or employer. The additional benefit of Rs 50,000 under Section 80EE is also not available.
You may not be eligible for tax break even if you are just a co-borrower
You cannot claim a tax break on a home loan even if you may be the one who is paying the EMI. For one, if your parents own a property for which you are paying the EMIs, you can’t claim breaks unless you co-own the property.
“You have to be both an owner and a borrower to claim benefits. If either of the titles are missing you are not eligible,” says Gupta. Even if you own a property with your spouse, you can’t claim deductions if your name’s not on the loan book as a co-borrower.
You can claim pre-construction period interest for up to 5 years
You know you can start claiming your home loan benefits once the construction is complete and you receive possession.
So, what happens to the installments you made during the construction or before you got the keys to the house? As per rules, you cannot claim principal repayment but interest paid during the period can be accrued and claimed post-possession.
‘The law provides a deferred deduction on the interest payable during pre-construction period. The deduction on such interest is available equally over a period of 5 years starting from the year of possession’, says Vaibhav Sankla, director, H&R Block.
Arvind Rao | Aug 27, 2016 09:56 PM IST | Business Standard
Flexible payment schemes offered for under-construction property can lead to tax issues when the owner sells it. It’s not clear in the Income-Tax Act whether the seller should take the indexation benefit from the date of getting possession of the house or if it can be calculated based on each instalment paid after registration.
The flexible payment started with 80:20 scheme, where a buyer pays 80 per cent of the home value upfront either from his own funds or through a loan. The remaining is paid on possession. At present, there are many complicated variants of it such as 5:10:30:25:20:10 to help buyers to pay for a house without taking a home loan. In most cases, the agreement for the flat is registered on payment of one or two instalments that establishes the buyer as a legitimate owner and prevents the developer from selling the house to another buyer when the rates go up.
But when the owner sells the property bought through the flexible payment scheme, calculation of capital gains tax can get complicated if a person holds the property for more than three years, which makes it a long-term capital asset.
The Income Tax Act says that in case of computation of long-term capital gains, the tax payer can index the cost of acquisition of the property since the date of acquisition to the date on which it has been sold.
Indexation is done with the help of a Cost Inflation Index, which is notified every year by the tax authorities. The first year when such an index was notified was in 1981-82 at a base value of 100 and the index notified for 2016-17 is 1,125. If an individual purchases a house for Rs 20 lakh and sells it at Rs 50 lakh, he is liable to pay capital gains tax on the profit made, which is Rs 30 lakh in the example. But the buyer can reduce this liability by using Cost Inflation Index. The longer one holds the property; the lower would be the tax outgo.
The correct method of calculating capital gains came up before the Mumbai Income Tax Tribunal, which was pronounced in July 2016. The taxpayer had declared long term capital gains on sale of property at Rs 29,02,270 after considering the indexation benefit of Rs 19,93,232.
The tax payer had become a member of a housing society in 1993 and was later allotted a flat in 1994. The housing society constructed and allotted flats to all the members. The taxpayer claimed that he had been paying proportionate cost of construction on various occasions from 1994 to 2006, as and when called upon by the society. While calculating the indexed cost of acquisition, the tax payer adopted the cost inflation index, corresponding to each year of payment.
The tax officer however held a different view. He argued that the property tax assessment bill issued by the municipal corporation showed that the said flat was assessed to property tax from January 1, 2007 and therefore the date of acquisition of the property was to be taken as January 1, 2007.
Accordingly, the tax officer’s cost indexation calculation was determined by adopting the said date, thereby increasing the tax burden on the seller. The officer calculated the taxpayer’s additional liability at Rs 4,71,074. The officer added this amount to the tax payer’s income. At the first level of appeal, the appellate authority confirmed the tax officer’s view and decided the case against the taxpayer.
Tribunal favours the taxpayer
At the Tribunal, the tax payer put forth his case that the benefit of indexation of cost should be granted to him right from 1994 when he started making payments and not from January 1, 2007 when the house was first subjected to property assessment.
The tax officer argued that a property can be said to be acquired only after its possession is handed over to the buyer, and therefore adoption of date as the one he considered is justified.
On considering the merits of the case, the tribunal observed that the society in question was allotted land by Maharashtra Housing and Development Authority or Mhada and the conveyance deed was made in favour of the society in 1994. Being a member of the society, the tax payer was allotted a flat and was issued the share certificate in 1994. It was also observed that an allotment letter for the specific flat was also issued to the tax payer in 1995.
The Tribunal was of the opinion that it is not necessary that the taxpayer must become an owner by way of conveyance deed for the purpose of computing capital gains. As the tax payer had acquired the right to obtain a specific flat in the society in 1994 itself, the indexation of the cost of acquisition of the flat has to be granted with respect to the initial date of 1994, subject to the fact that the indexation be applied to each instalment as and when the same was paid. The case, therefore, was decided in the favour of the tax payer.
The case provides an extremely useful tax planning measure for those who plan to purchase an under-construction house. They must register the property as soon as possible and become the legal owners. If they sell the property after holding it for more than three years after completion, they will get the indexation benefit even for the instalments paid.
A registered agreement provides definitive details of the property such as flat number, floor, size of the flat, etc. On the contrary, merely having allotment letter, which do not define the flat, will not be helpful. In the past taxpayers with allotment letters did not get any relief in similar cases.
The case in question had stronger facts: A society already existed and the taxpayer held share certificates. These principles should equally apply to buyers in under-construction projects who would become society members post completion.
- TAX RELIEF
Calculating capital gains on property bought in flexible payments scheme can be complicated when the owner sells it
- Income-Tax Act lacks clarity on whether the seller can calculate capital gains from the date of property registration or from the date of possession
- Mumbai I-T Tribunal has ruled that date of possession is not necessary
- Buyers should therefore register property as early as possible, which establishes them as legal owners
- Buyers with allotment letters, which do not define the flat, have failed to get relief from tax authorities in the past
The writer is a chartered accountant and financial planner
A homebuyer will be able to avail tax deduction of Rs.2 lakh on interest paid even if the house is ready in five years from the end of the finance year in which the home loan was taken
Ashwini Kumar Sharma | Last Modified: Thu, Mar 03 2016. 07 07 PM IST | Live MInt
Budget 2016-17 did not have much to offer to the individual taxpayer, as there was no change in slab rates nor was there an increase in deduction limits under various sections. However, it offered some relief to those who had recently bought or are planning to buy an under-construction apartment. The change, which is related to deduction against repayment of home loan, is small but holds big benefits for many homebuyers. In a recent story (http://bit.ly/1Qjwg84), we had stated how real estate project delays increase the effective cost of home buying by more than 25% for a homebuyer, and that the loss of tax benefit due to project delay is the biggest culprit. The new tax benefit offered in the Budget helps here. Here’s how.
Existing tax rules
Tax benefit on repayment of home loan helps homebuyers bring down the tax outgo substantially. According to the Income-tax Act, 1961, a borrower can claim deduction under section 80C against principal repayment, which has an overall limit of Rs.1.5 lakh, and up to Rs.2 lakh for payment of interest under section 24(b) for a self-acquired house. If the house is leased out, then the entire interest paid on home loan can be claimed as deduction. These tax breaks, however, are available based on the ownership of property.
Until the construction of the property is complete and you have the registration and ownership documents, you may not be able to claim these deductions. So, no possession means no tax benefit on the huge home loan. And that’s not all.
The bigger problem is when construction of a property gets delayed.
As per the prevailing tax rules, if the property does not get completed within three years, the maximum deduction allowed to a taxpayer for interest on home loan reduces to Rs.30,000 per annum. One can only claim deduction up to Rs.2 lakh if the property she buys gets completed within three years from the year in which the loan was taken. However, given the current condition of the real estate market, on an average, residential projects are getting delayed by 24-30 months. So, for those who take a loan to buy an under-construction property, delay in delivery leads to a substantial hit on tax savings.
In his Budget proposal for 2016-17, the finance minister proposed to increase the time limit for completion of projects from three years to five years. So, once implemented, a homebuyer will be able to avail tax deduction of Rs.2 lakh on interest paid even if the house is ready in five years from the end of the finance year in which the home loan was taken.
If you take a home loan in August 2016, and you get the house in March 2022 or before, you get the full Rs.2 lakh tax break. However, if you get the house after March 2022, you will not get the full benefit.
Source : http://goo.gl/Os5wAL
NDTV Profit Team | Last Updated: February 12, 2016 12:42 (IST)
The purchase of a house, by taking out a home loan, is considered good by personal finance experts, who generally scoff at long-term liabilities.
A house, unlike other personal goods such as cars, is considered to be an asset. There’s tax benefit too. Home buyers can claim an exemption of up to Rs. 1.50 lakh on principal payments for home loan under Section 80C of the Income Tax Act.
Buyers can avail Rs. 2 lakh deduction paid towards interest component of home loan per year.
The above-mentioned benefits apply for self-occupied properties and not for under construction houses. Further, in case of a delayed possession, the tax benefits get reduced substantially. Many a times, tax payers – unaware of this provision – claim full tax benefits on their home loan and get notices from the tax department.
According to Section 24B of Income Tax Act, a person can claim a tax deduction of up to Rs. 2 lakh on the interest paid on a self-occupied house if the possession of the property is done within three years of taking the loan.
In case the possession is given after three years, then the amount of deduction is reduced to Rs. 30,000 per year.
This means in case of delayed possession (when houses are delivered three years after a home loan has been taken), buyers can claim only Rs. 30,000 (15 per cent of the current allowed deduction of Rs. 2 lakh) as exemption.
Those who unknowingly claim exemption can get into serious trouble and may have to pay huge penalties, experts say.
“If the home buyer in such cases still claims interest of Rs. 2 lakh per annum, the tax office could disallow the deduction of Rs. 1.7 lakh per annum which could result in additional tax and interest payable by the home buyer to the tax office. At their discretion the tax office can also levy penalty for claiming excessive deduction,” says Parizad Sirwalla, National Head-Global Mobility Services-Tax, KPMG.
The penalty in this case may range between 100 per cent and 300 per cent of the extra tax deductions claimed, says Amit Maheshwari, managing partner of Ashok Maheshwary & Associates.
Tax experts say that home buyers are getting tax notices for claiming over Rs. 30,000 deduction, despite delayed possession. “As people are getting the possession of the house which they booked five to seven years back now, tax department are scrutinising the returns and people are getting notices from the tax department for the same,” says Sudhir Kaushik, chief financial officer, Taxspanner.com.
Tax experts believe that Finance Minister Arun Jaitley in the budget should relook at the tax benefits offered on home loans. “It may be worthwhile to consider an amendment in the provision not limiting such deduction to Rs. 30,000 per annum in cases where the delay in completion of construction is caused on account of reasons beyond the control of the home buyer,” says Parizad of KPMG.
Tapati Ghosh, partner at Deloitte Haskins & Sells, said: “One of the measures that could be considered is the extension of time limit to 5 years at least for the under-construction properties.”
Source : http://goo.gl/AGvChJ
Prabhakar Sinha | TNN | Feb 11, 2016, 02.46 AM IST | Times of India
As if the mental harassment of delayed delivery of a house is not bad enough, you could also be losing 85% of the tax benefit on your home loan, for no fault of yours.
A tax deduction of Rs 2 lakh per year is allowed against payment of interest on home loans, if the house is acquired within three years of taking the loan. In case the possession happens after three years, the permissible deduction falls to just Rs 30,000 a year — a reduction of 85%.
In the past couple of years most home deliveries have been delayed beyond three years from time of purchase, making the buyers ineligible for the tax deduction— a fact they would have not known at the time of taking the home loan.
Given the stress in the real estate sector, most builders are now committing deliveries after four years of booking, so home buyers lose out on a big chunk of the potential tax deduction.
For people in the top income tax bracket of 30% (annual taxable income of Rs 5 lakh or more) the benefit resulting from this provision will drop from Rs 60,000 to Rs 9,000 a year. On a home loan of Rs 50 lakh taken at 9% interest for 20 years the total loss through the entire repayment period will be Rs 8.81lakh.
Partner and national head of KPMG, Vikas Vasal, said the three-year possession condition was introduced to expedite construction of projects.
But, with most housing projects running late, the government must amend the relevant clause to ensure that the benefits do accrue to home buyers, he added. The deduction limit was raised from Rs 1.5 lakh to Rs 2 lakh in 2014-15.
“The income tax department must address the issue in a way that home loan takers are not disqualified from availing of the benefit for no fault of theirs,” says senior tax consultant Dinesh Kanabar.
Source : http://goo.gl/S0qqUL
House construction loan and home loan are different. The home construction loan rules before and after approval and the tax benefits are complicated and can throw up many surprises for the borrower.
Adhil Shetty – CEO BankBazaar.com | MoneyControl.com
Aman, a businessman who hated the high rise culture, preferred to construct a house in his home land. He had purchased a plot, and because of the rising real estate prices, had to stretch beyond his budget for it. With limited funds left, he was not in a position to start construction on the plot.
Aman applied for a home construction loan. He was under the impression that on sanctioning the loan and upon completion of all legal formalities, the bank would grant him money for starting construction work. But, Aman was surprised when the bank asked him to come back after completion of lintel level of the house.
Many people who apply for home construction loans are unaware of its complete terms. Here’s what you should know before approaching a bank for a home construction loan.
Loan disbursement in a construction loan happens in installments only.
If you are expecting that the bank would offer you a lump sum towards your home construction expenses, you may be in for a surprise. The loan disbursement in home construction loans happens only in installments.
The approved loan amount will be disbursed anywhere between 2-5 installments, depending on the progress of construction, loan size and loan to value ratio (LTV). So, borrowers will have to ensure that they have adequate funds to purchase raw materials and to start the construction work.
Disbursement is linked to construction progress
Banks have a pre-determined criterion for disbursing funds according to the progress of the construction activity. For example, if one takes up to 85% of the estimated construction cost as loan, the first disbursement will happen only after completion of foundation work, assuming that 15% of the estimate cost goes for it. The second disbursement will happen at lintel level, the third after completion of concrete works and the final when 90% of the construction activity gets over.
But if one takes only 50% of the estimated cost as loan, the first disbursement may come only after completion of lintel or when the concrete works gets over. Since the disbursal of this loan is linked to the construction activity, if the work gets suspended or delayed, further disbursements will not happen.
You will have to pay Pre-Emi until final disbursal
For a home construction loan, you will have to keep paying Pre-EMI monthly, until the final loan amount is disbursed. This means, you will need to pay interest for the amount getting disbursed under each installment and this amount will not go into repaying the principal loan amount. If you are suspending the construction activity for some time due to any reason, you will continue paying interest to the bank, which is not beneficial in any way.
Let us assume that you are opting for a home construction loan of Rs. 25 Lakh at 10.5% interest rate and the bank has disbursed only Rs 5 Lakh as per the construction status. You will need to pay Pre-EMI for the disbursed amount, which comes to around Rs.4375/- per month. So in a year, you will have to pay an interest of Rs.52,500, which does not go into repaying your loan outstanding.
Any variations from the approved plan are excluded
Before approving any construction loan, the bank seeks various documents including sales deed, approved plan, NOC from the municipal / corporation authorities etc. If you are making any changes from the approved plan like violating the boundaries, extension beyond approved area etc, the bank will not release its funds and holds the right to freeze your loan.
You will have to take additional approval for any deviations taking place from the approved plan or with the construction estimate submitted to the bank.
Limited tax benefits
Unlike regular home loans where you can avail tax benefits on both interest and principal amount, for a home construction loan you will get tax benefits only for the interest paid if the construction activity is not complete.
This means, if you are opting for Tranche EMI option, ie, the option for starting your EMI after the first installment, you will not get tax benefit for the principal portion paid against the loan, until the construction gets over and the bank certifies that they have disbursed the full loan amount.
Any interior works are excluded
Loan for home construction will be provided only for immovable works conducted for a house. This means interior works like painting, furniture, cupboards, kitchen cabinets, partition works, plumbing, lighting etc will not be funded.
Nowadays, the interior works of any small home cost a minimum of Rs 3-4 lakh, and can touch any level on the higher side according to your luxury preferences. So make sure you check with your bank about the exclusions in the loan.
Knowing all the terms of a home construction loan is crucial in avoiding last minute surprises and cash crunch, as home construction involves significant involvement
both physically and financially.
Source : http://goo.gl/4hBSLV