• Tax rebate under section 24

Background:
My wife and I have taken a joint home loan of ~50 lacs. Loan was sanctioned sometime around May’ 17. I got the occupancy certificate for the property on 29th March 2019. I am going to rent out the property after sometime.

For FY 2017-18: Pre-EMI Interest paid in 2017: 1147.00 & total interest component paid towards principal was 346058.00

For FY 2018-19: Total interest component paid was 259975.00 Since I prepaid some part of the principal the total simple interest paid towards was 1692.00

Questions:
1.	I understand that the interest paid before the completion of construction can be claimed over next five years from the year the construction was completed. Since my wife is a co-borrower in this contract how would the pre-construction interest be distributed over the next five years. Is it going to be (1147.00+346058.00)/5=69411.00/head or 69411.00 distributed between me and my wife??
2.	Since I got the occupancy certificate on 29th March 2019 i.e. in FY 2018-19 can I claim tax rebate u/s 24 for AY 2019-20? If yes how much I and my wife can claim during the income tax return filing? Should it be (259975+1692)/2=130833.5 + pre-construction period interest (from question 1) per head subjected to a cap of 2 lacs or is there a different calculation?
3.	For FY 2019-20 do I still need to fill in notional rent for a vacant house (assuming that I am unable to let out the new house for few months)?
Asked 5 years ago in Income Tax

Dear Sir,

 

Hope you are doing well !!

 

Tax benefits on a joint home loan are available to all the joint owners. It’s pertinent to note that ‘ownership’ in the property is a pre-requisite to availing any tax benefits against the property. You may have taken the loan jointly, but unless you are an owner in the property – you may not be entitled to the tax benefits. 

In certain cases, a person merely joins another immediate family member (father, son or spouse), to enhance the loan amount eligibility, without having any share in the property purchased. In such cases, the co-borrower, who is not a joint owner of the property, cannot claim the tax benefits on such home loans.

 

1. You will get the tax benefits on the home loan, in the ratio in which you are servicing the home loan.

 

2. Yes, it is correct.

 

3. The interim budget 2019 increased the number of houses you can claim as self-occupied to two. If you own more than two houses, you can claim any two of them as self-occupied and you do not have to pay tax on notional rent for them.

Payal Chhajed
CA, Mumbai
5188 Answers
289 Consultations

5.0 on 5.0

If there is no ratio specified then it will be divided equally. Your calculation and understanding is correct.

Yes you should file ITR with notional rent.


Hi,

- In case of self-occupied property, maximum interest u/s 24 allowed is Rs. 2 lacs. In your case, benefit per head allowed is Rs.1,65,554 incl. pre-construction period interest.

- As per the budget proposals from A.Y. 2020-21, second self-occupied house will also not be covered under notional rent definition.

 

Thanks

Vivek Kumar Arora
CA, Delhi
4849 Answers
1046 Consultations

5.0 on 5.0

No the pre construction interest would be distributed between you and your wife and it won't be per head. How can you claim more interest then what you have paid.

Yes since you got occupancy in March 2019 your interest calculation would be 130833 +69411/2 which would be within 2 lakh cap.

No since the budget made the amendment that a person can hold two house as self occupied so you don't need to calculate notional rent for your second house.

You can even claim principal repayment as deduction under 80C.

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you.

Naman Maloo
CA, Jaipur
4274 Answers
97 Consultations

5.0 on 5.0

Hello Sir,

 

1. It would be distributed between you and your wife in the sharing ratio.

It can not be  Rs. 69411.0 per head as it is total pre construction interest.

 

2. Yes, you can claim rebate u/s 24. It would be Rs. 1,65,554 (130833+69411/2) per head within the limit of 2 lakh.

 

3. Notional rent' was taken as income on the second house property and hence was included in the tax bracket. But with the latest proposal in the Interim Budget 2019, individuals will not have to shell-out any tax on up to two self-occupied houses.

So, there is no requirement to fill the details of notional rent.

Karishma Chhajer
CA, Jodhpur
2450 Answers
29 Consultations

5.0 on 5.0

Hi

1.Yes pre-construction interest can be claimed and in absence of any ratio,it is to be claimed equally.

2.Yes you can claim the rebate under sec 24 for AY 2019-20.It will be 165554 per head,subject to the maximum limit of 2 lacs .

3.No.

 

 

Hope it helps

Swati Agrawal
CA, Mumbai
1146 Answers
7 Consultations

5.0 on 5.0

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