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The tax benefit of owning a rental property in India might be numerous. The following are some of the main tax benefits connected to rental properties:
Rental Income
According to the provisions of the Income Tax Act of 1961, rental income earned from a property in India is in fact regarded as taxable under the heading of “Income from House Property.” Property owners can, however, deduct a variety of costs related to the asset, which can assist lower their taxable rental income. The available deductions are explained in detail below:
- Property taxes: Taxes paid on real estate during the fiscal year are deductible by property owners. The rental revenue can be reduced by the real property tax paid.
- Property Repairs and Maintenance: You can deduct expenses for property repairs and maintenance. This covers costs related to painting, plumbing, electrical, and other maintenance tasks required to keep the property in good shape.
- Insurance Premiums: You can deduct the cost of insurance premiums for the property, such as fire insurance or homeowners insurance. The premium that was paid during the fiscal year is eligible for the deduction.
- Housing Loan Interest: If the property was bought or built with the aid of a housing loan, the interest paid on the loan is deductible. Section 24(b) of the Income Tax Act allows for the deduction to be claimed. For self-occupied properties, the annual maximum deduction is INR 2 lakh. There is no limit on the interest deduction for homes that are rented, though.
- Municipal Taxes: Some local governments impose further taxes or levies on rental revenue. These taxes can be written off against rental revenue.
It’s significant to remember that the claimed deductions cannot be greater than the actual rental revenue generated by the property. The resulting loss can be carried forward and deducted from upcoming rental income for up to eight years if the deductions outweigh the rental income.
Property owners must keep accurate records and accompanying documentation for the costs incurred in order to claim these deductions. As evidence of the expenses claimed, it is advisable to maintain invoices, receipts, and other pertinent papers.
To guarantee complete compliance with tax rules and to make use of all allowable deductions when calculating taxable rental income, it is advised to speak with a tax expert or a chartered accountant. Top of Form
Standard Deduction
In India, regardless of the actual costs incurred, property owners can take advantage of a standard deduction for repairs and maintenance costs of 30% of the net annual value. According to the requirements of the Income Tax Act of 1961, this deduction is possible under the heading “Income from House Property”. The standard deduction is explained in full below:
- Net Annual Value (NAV): After deducting property taxes, net annual value (NAV) refers to the annual rental income received or receivable from the asset. Municipal taxes paid during the fiscal year are subtracted from the overall annual rental income to determine the NAV.
- Standard Deduction: Property owners are entitled to a standard deduction for repairs and maintenance costs equal to 30% of the NAV. This indicates that a deduction of 30% of the NAV is permitted regardless of the actual expenses spent.
- The standard deduction is offered to cover regular wear and tear of the property as well as to cover expenses that are challenging to estimate accurately. It makes it easier for property owners to calculate their taxes by offering a flat deduction rather than forcing them to keep meticulous records of each repair and maintenance cost.
- Applicability: Both residential and commercial buildings are eligible for the standard deduction of 30%. It’s crucial to remember that the standard deduction cannot be greater than the property’s net yearly value. Property owners can elect to claim the real expenses instead of the standard deduction if the actual costs spent are greater, providing they have the necessary paperwork and invoices to substantiate the claim.
- Additional Deductions: In addition to the standard deduction, property owners can additionally deduct certain costs related to the property, such as property taxes, mortgage interest, and insurance premiums.
Despite the fact that the standard deduction does not specify specific documentation, it is nonetheless important for property owners to keep records and supporting documents pertaining to repairs and maintenance expenses. These documents may be helpful if tax officials conduct any kind of investigation.
To guarantee correct compliance with tax regulations and to maximize the advantages of deductions while calculating taxable income from the rental property, speaking with a tax expert or a chartered accountant is advised.
Interest Deduction
You can deduct the interest paid on a home loan if you took one to fund the purchase or building of a rental property in India. According to the requirements of the Income Tax Act of 1961, the deduction is possible under the heading “Income from House Property“. The interest deduction is explained in more detail below:
- Self-Occupied Property: The maximum deduction for interest paid is up to INR 2 lakh each financial year if you have a housing loan for a property that you also use for self-occupation, such as your own home. Even if the home is rented out for a portion of the year, this cap still applies.
- Rental property that is rented out or deemed to be rented out: If the rental property is not self-occupied and is rented out or deemed to be rented out, the interest deduction is not capped. You may subtract from your rental income the real interest you paid on the mortgage.
- Interest Paid During the Pre-Construction Period: For properties still under construction, the interest paid during the pre-construction period may be deducted over the course of five equal payments beginning with the year the construction is finished. Pre-construction phase interest deductions cannot amount more than INR 2 lakh per fiscal year.
- Joint Ownership: When a property and a mortgage are owned jointly, each co-owner is eligible to deduct the interest paid.
Depreciation
The building structure and some interior assets, such as furniture and fittings, can be depreciated by property owners in India in order to determine their taxable income. A non-cash expense called depreciation is used to account for the deterioration or obsolescence of assets over time. Here is a thorough breakdown of depreciation and how it affects taxable income:
- Building Structure Depreciation: Property owners are eligible to deduct the cost of the property’s building structure. Residential structures normally have a 5% annual depreciation rate, while commercial buildings often have a 10% annual depreciation rate. Based on the initial cost of building construction or acquisition, depreciation is computed.
- Depreciation of Furniture and Fixtures: Property owners may also deduct the cost of depreciating furniture, fixtures, and other items used to furnish their rental properties. According to the Income Tax Act’s definition of the asset’s useful life, the depreciation rate for such assets can vary.
- Depreciation Calculation: The depreciation amount is determined by multiplying the asset’s initial cost by the depreciation rate. The purchase price, installation fees, and any other costs directly associated with getting or setting up the asset are all included in the initial cost. Every year, depreciation is determined and recorded as an item on the income tax return.
- Effect on Taxable Income: Because depreciation is a deductible expense, it lowers the taxable income that the property produces. Property owners can reduce their tax obligation by using depreciation to offset a portion of their rental revenue.
- Set-Off Against Rental Income: The claimed depreciation may be offset against the income received from renting out the property. The resulting loss can be carried forward and deducted from upcoming rental income for up to eight years if the claimed depreciation is greater than the rental income.
Set-Off Losses
A loss from home property might occur if the rental revenue from a property is insufficient to pay the interest on the mortgage and other deductions. The revenue Tax Act of 1961, however, contains provisions for carrying forward such losses and offsetting them against upcoming rental revenue. The provisions for carrying forward and offsetting losses on dwelling property are described in more detail below:
- Loss from House Property: This occurs when the deductions, such as mortgage interest and other expenses, are more than the rental revenue. This loss may occur as a result of a number of things, including excessive interest payments or a brief vacancy of the property.
- Set-Off Against Future Rental Income: A loss on real estate may be carried forward for a maximum of eight years after the year in which it occurred. Future rental revenue can be offset against the loss, lowering the taxable income in those years.
- Priority of Set-Off: It’s crucial to keep in mind that the loss from house property can only be set off against future gains from house property. If there is no rental income from residential property in those years, the loss may be carried over to succeeding years until it is completely offset by rental income in the future.
- Set-Off Restrictions: Only the maximum amount of rental revenue in a given financial year may be offset against a loss from a residential property. The unadjusted loss that is left over can be carried over to future years.
- Additional Set-Off Restrictions: It’s crucial to remember that a loss on real estate cannot be offset against earnings under any other head, including wages, profits from a business, or capital gains. It can only be offset against income from real estate owned by a person.
- Appropriate Records and paperwork: It’s important to keep accurate records and paperwork, including accounts of rental income, receipts for interest payments, and other proof of deductions and expenses, in order to carry forward and offset the loss from real estate.
Capital Gains/\
Any earnings made through the sale of a rental property are regarded as capital gains and are subject to taxation. The Income Tax Act of 1961 does, however, include procedures for obtaining exemptions on capital gains by reinvesting the earnings in certain assets or making use of certain Act provisions. The exemptions offered for capital gains on the sale of a rental property are explained in full below:
- Long-Term Capital Gains (LTCG): Long-term capital gains are those that occur from holding a rental property for longer than 24 months. Short-term capital gains are taxed at a lower rate than long-term capital gains.
- Exemptions under Section 54: When the earnings from the sale of a residential property are reinvested in another residential property, Section 54 of the Income Tax Act exempts the LTCG from taxation. The exemption is available if the new property is either constructed within three years of the sale or if it is either purchased within one year before or two years after the sale. To the extent of the investment made in the new property, the LTCG amount is deductible.
- Section 54F Exemptions: When the profits from the sale of any property other than a residential property are reinvested in a residential property, Section 54F offers an exemption on long-term capital gains (LTCG). If the new residential property is either constructed within three years of the sale or is either purchased within one year before or two years after the sale, the exemption is allowed. To the extent of the investment made in the new property, the entire amount of LTCG is deductible.
- Requirements for Exemptions: In order to qualify for an exemption under Sections 54 and 54F, certain requirements must be met. For the exemption not to be revoked, the new property must be held for at least two years. Aside from the new home, the taxpayer should not have more than one residential property on the date of sale.
- Making Use of Capital Gains: In accordance with Section 54EC, you may make use of capital gains if you are unable to invest the LTCG in a new property within the allotted time frames. The Rural Electrification Corporation (REC) or the National Highway Authority of India (NHAI) are the issuers of these bonds. These bonds must be purchased within six months of the date of purchase.