80 c for letout property for business purposes

Tax queries 1001 views 6 replies

Mrs "A" purchased a house property and bought housing loan for the same during the FY: 2009-2010, she is

availing benefit for interest payment, also 80C for principle repayment. During the FY: 2011-2012, she letout

the property for business purposes, my querry is 80 C benefit is available or not? because she let out the property

for business purposes.

Replies (6)

Hi,

In this case deduction is not allowed..

s/80C clearely states that .."purchase or construction of residential house property.."

so when property is late out it losses staus of residential property & becomes commercial property.

 

Thanks//Vaibhav
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80C deduction is not available. Moreover rent income is taxable.

Dear Krishna,

Deduction under sec80C shall be available.

sec80C states that deduction shall be available if  for the purposes of purchase or construction of a residential house property the income from which is chargeable to tax under the head “Income from house property. loan is taken.then deduction shall be available on principal amount.

As per the details provided by you your client she has let out the property therfore the income arising out from the house property taxable under the head "Income from house property". Interst deduction can claimed without any limit. and principal amount deduction can claimed under sec 80C on payment basis. Principal deduction allowed because the income from house property continue to be taxable under the head "income from house property' as she continues to be owner of house property.

Mr krishna,

 

Definitely deduction u/s 80 c will be available to Mrs A

 

As per section 80c Payments made during the previous year towards the cost of purchase/construction of new residential house property the income from which is chargeable under the head 'income from house property are eligible for deduction under section 80C.

 

 
And as per income tax act the existence of a building is an essential perquisite. Building will, of course, include residential house (whether let out or self occupied),office building, factory building, godowns, flats, etc. as long as they are not used for business or profession by owner. It means owner of the building may let out his house property for any purpose but it should not be used for business and profession carried on by him. Therefore property can be let out for any purpose. And the purpose for which the building is used by the tenant is also immaterial.
 
 
 
So even Mrs A has let out her residential property for business purpose still that property will fall under the head 'income from house property' and income from that will be chargeable under that head also.
 
Therefore deduction u/s 80c will be allowed definitely.
 
I hope this will help you.
 
 

Mr krishna,

Definitely deduction u/s 80 c will be available to Mrs A

As per section 80c Payments made during the previous year towards the cost of purchase/construction

of new residential house property the income from which is chargeable under the head 'income from house property are eligible for deduction under section 80C.
 
And as per income tax act the existence of a building is an essential perquisite. Building will, of course, include residential house (whether let out or self occupied),office building, factory building, godowns, flats, etc. as long as they are not used for business or profession by owner. It means owner of the building may let out his house property for any purpose but it should not be used for business and profession carried on by him. Therefore property can be let out for any purpose. And the purpose for which the building is used by the tenant is also immaterial.
 
So even Mrs A has let out her residential property for business purpose still that property will fall under the head 'income from house property' and income from that will be chargeable under that head also.
 
Therefore deduction u/s 80c will be allowed definitely.
 
I hope this will help you.
 
 

Dear Krishna, so sorry for wrong suggestion. Deduction u/s 80C is available. Actually I gave answer assuming that Mrs. A is carring on business in that residential house property.

Since your doubt is very clear, Mrs. A is not carring on any business there but she simply lets out property. It may be for whatever purpose, Deduction is available u/s 80C & 24 also for interest paid.

 


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