How to reduce tax burden from the co-owned rented out property?

Tax queries 128 views 1 replies

My wife and I are both co-owners and co-borrowers for a property under construction as of now.

Possession is expected in 3 months and I plan to rent out this property. 

We expect to get 3,60,000/- as annual rent and 5,50,000/- as home loan EMI.

I am in 30% tax bracket so this additional rental income will increase my income tax outgo.

As my wife is not working, what if she gets the rental income (legally she is entitled to as she is co-owner and co-borrower)?

My total income tax liability will go down significantly.

My questions are:

1) Is this legal?

2) Does my wife needs to file income tax return in that case -- as her income will be 3,60,000/- per year.

3) Any other problems you see in this scenario?

4) Will I be able to claim tax deduction under section 24 (for house loan interest I am paying)

5) Can I show income to me from my house property as zero (as my wife gets all the rental income)?

 

Replies (1)
in case of cowners the share in the property should be mutually defined and shall be reduced by way of a formal agreement

1.yes it's legal. the rent can be assessed in the hands of your wife. I believe that 360000is the rent before deductions .she can get deduction towards interest on loan and 30%STD ded. if she has any other income then she needs to disclose it
2.yes she will be required to file return
3.no
4.if wife is claiming entire rent then you can't claim interest deduction under sec24. you can show the ratio of your both share as 15% and 85% so you can claim interest and principal deduction for 15%of emi
5.No you can't. you need to show 15% if your share as rental income.


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