Section 24 of Income Tax Act_collapsiblemenu_banner_wc


Tax Deductions Under Section 24_WC

Section 24 of the Income Tax Act, 1961 allows individuals to claim tax exemptions on the interest component of their Home Loans. The maximum deduction limit for the same is Rs. 1,50,000. One does not necessarily have to reside in the property to claim tax deductions. Deductions from income from house property are taken into account under certain circumstances, such as if the property is rented out or if an individual owns multiple properties. Use an Income tax calculator to calculate how much income tax you are liable to pay.

There are 3 main categories of deductions under Section 24 of the Income Tax, as listed below:

1. Standard Deductions

This allows for a 30% deduction on your Net Annual Value. Net Annual Value is Gross Annual Value minus Municipal taxes like property tax, sewerage tax and so on. Where, Gross Annual Value is the higher of expected rent or actual rent received. Naturally, the Net Annual Value of a self-occupied house will be Zero and so will be the Standard Deduction.

2. Deduction on Interest on Housing Loan Under Section 24

Section 24 allows for deduction on the interest component of Home Loan up to Rs 2,00,000 in a financial year. The loan must be used to acquire, construct, repair, renew or reconstruct the property. The property must be acquired within 5 years from the day the loan was availed. The deduction is not applicable on any brokerage or commission paid to any middlemen or agents. The deduction is applicable on self-occupied or vacant properties only. For rented properties, the entire amount of interest is allowed as deduction without limit.

3. Municipal Deduction

One should pay an annual municipal tax to the government which is subtracted from the Gross Annual Value to obtain the property’s Net Annual Value. House owners who have paid the municipal tax in a given financial year can claim a deduction on municipal tax on that year.

Also Read: Know about Income Tax Slabs

There are 3 scenarios that comprise income from house property under Section 24 of the income tax act:

  1. By way of rent

  2. The annual value of a property deemed to be let out for tax purposes

  3. The annual value of a property which is self-occupied

The Gross Annual Value varies for the above 3 scenarios

Sr.No. Scenario Gross Annual Value
1 Self-occupied property Zero
2 Rented out property Annual Value = Gross Annual Value minus municipal taxes paid to local authorities
3 Deemed to be let-out property Estimated rent for similarly valued property

To claim an income tax deduction of up to ₹ 2,00,000, individuals need to meet the following criteria:

  • The Home Loan should be borrowed on or after 1st April 1999 to construct or purchase a housing property.
  • The house acquisition or construction occurred within 5 years from the completion of a financial year in which an individual borrowed this loan.
  • The borrower owns an interest certificate for the interest payable towards the borrowed fund.

Let us analyse the Home Loan tax benefits in case of a person who repays Home Loan EMIs worth Rs.4 lakh annually, out of which Rs 2 lakh is purely the interest component. This individual has also spent Rs.3 Lakh as interest during pre-construction. Today, they earn Rs.7000 monthly from a let-out property and also pays municipal taxes of Rs 3000 for the house. Let’s calculate their Income from house property in both two scenarios:

1. They have a self-occupied property

2. They have rented-out property

Type of Property Self-occupied Rented out
Gross annual Value (at 7000 rent) 0 Rs.84,000
Less: Municipal taxes 0 Rs.3,000
Net Annual Value (NAV) 0 Rs.81,000
Standard Deduction(less) 0 Rs.24,300
Interest on Home Loan(less) Rs.2,00,000 Rs.2,00,000
Pre-construction interest(less) Rs.60,000 Rs.60,000
Income from house property 2,60,000 Rs.2,03,300
Overall loss limited to Rs.2,00,000 Rs.2,00,000

Deduction for interest paid on Home Loan for NRIs

NRIs can benefit from tax deductions in the same way as a resident Indian. There are 5 tax benefits related to NRIs availing Home Loan in India as explained below:

  1. Rs.1,50,000 p.a. – Under section 80C, NRIs can save up to Rs.1,50,000 as deduction, annually on the principal component of the Home Loan.
  2. Rs.2,00,000 p.a. – Under section 24, NRIs can claim a deduction of Rs.2,00,000 p.a. under the head of ‘Income from house property’.
  3. Rs.50,000 p.a. – Under section 80EE, NRIs can claim a deduction of Rs.50,000 p.a. on the interest component (Provided the loan amount is under a certain bracket)
  4. Stamp duty - As per Section 80C, NRIs can also avail deductions for registration charges and stamp duty paid for acquiring their property.
  5. Pre-construction phase - Section 24 also allows deduction of interest component on NRI Home Loans, even though the property is in pre-construction phase.

Conditions for claiming deductions for NRI Home Loan

In order to claim deduction on NRI Home Loan, the NRI should have at least one source of income in India that is taxable. If so, an NRI is eligible for a deduction of up to Rs.1.5 Lakh on housing loan principal repayment under section 80C and up to Rs.2 Lakh on interest payments if the home is lying vacant.

For a rented-out home, the entire interest payable can be claimed as exemption. In case an NRI returns permanently to India, they can continue enjoying the tax benefits.

Claiming deductions during the pre-construction/pre-repair stage

Income earned from a house property is eligible for some deductions from the total taxable income that include the standard deduction, the deduction for municipal taxes paid, deduction on the interest component of Home Loan and ‘Pre-construction interest’. Such deductions allow a taxpayer to reduce the tax outflow from their taxable income.

Here is a detailed explanation on ‘pre-construction interest’ and how we can claim it.

Pre-construction Interest – It is the interest amount an assessee pays while the residential house is under construction. Deduction on this amount cannot be availed during the construction stage and can only be claimed once the construction is complete.

Conditions for claiming deductions during the pre-construction/pre-repair stage

The section 24 of income tax act allows one to claim the pre-construction interest from the date of borrowing of loan till the 31st of March, before the end of the financial year in which the construction gets completed. Only interest components can be claimed. You can claim the pre-construction interest in 5 equal installments of the 5 years.

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