Income from House Property

Tax planning 903 views 3 replies

Hi All,

Facts :

1. Myself and my father (Senior Citizen) bought a house (registered in the name of both name) in FY 2010-11 and have let it

     out for rent from April 2011.

2. We took loan from LIC in joint name and my name is mentioned as Primiary applicant and my father is secondary applicant.

3. But all the loan (Monthly EMI) is being paid by my father (Only for the sake of loan I am part of all the transaction) and the rent

    is also deposited in the bank account of my father only.

4. In the rent agreement only my father name is mentioned.

 

Queries :

1. My query is that since the rental income is received and EMI is paid by my father can I claim the 50% of the same in this FY

    (2011-12) since the propoerty and loan is in the name of myself and my father. My understanding is that to claim any

     exemption the amount paid should be from the assessable income of the assess (since I am not paying any Loan will I be

    eligible ?)

2. I am ready to offer the 50% of the rental income in my returns but the loan payments will be paid only by my father.

3. If I can claim what are all the ways I have and what are all the documention I have to make it suit the 50-50 claim.

 

Thanks in adavance for all your suggestions/ideas.

 

Regards

Saravana

Replies (3)
Originally posted by : Saravana Kumar

Hi All,

Facts :

1. Myself and my father (Senior Citizen) bought a house (registered in the name of both name) in FY 2010-11 and have let it

     out for rent from April 2011.

2. We took loan from LIC in joint name and my name is mentioned as Primiary applicant and my father is secondary applicant.

3. But all the loan (Monthly EMI) is being paid by my father (Only for the sake of loan I am part of all the transaction) and the rent

    is also deposited in the bank account of my father only.

4. In the rent agreement only my father name is mentioned.

 

Queries :

1. My query is that since the rental income is received and EMI is paid by my father can I claim the 50% of the same in this FY

    (2011-12) since the propoerty and loan is in the name of myself and my father. My understanding is that to claim any

     exemption the amount paid should be from the assessable income of the assess (since I am not paying any Loan will I be

    eligible ?)

- start paying the EMI for 6 months and claim exemption and benefits 



2. I am ready to offer the 50% of the rental income in my returns but the loan payments will be paid only by my father.

-  ask for credit of 50% rent in your a/c from father and pay 50% of house loan from your taxable income and avail 50/50 benefit of interest and loan repayment.

3. If I can claim what are all the ways I have and what are all the documention I have to make it suit the 50-50 claim.

- no documents needed, all such claims are admitted on actual payment basis from current year taxable income, not on documentation basis.

 

Thanks in adavance for all your suggestions/ideas.

 

Regards

Saravana

Hi,

In my opinion as you & your father are joint owner of property so you both are eligible to claim loan interest deduction and also the rental income will be equally divided amongst you & your father.

In who's account rental amount is receives and from who's account  loan is paid should not matter as it could be done for convenience of owners' and tenant.

Regards

 According to sec 26 of where a property is owned by 2 or more persons and their respective shares are definite and ascertainable, then Income from house property shall be calculated according to provisions of sec 22 to 25 and share of each such person in income shall be included in his total income.

As per sec 24, if the house property is acquired by borrowed capital, interest payable on the borrowed capital is allowable as deduction.

Nowhere it is said that in case of co-owners deduction w.r.t interest is available only to the person who pays the interest. Hence Income from HP should first be calculated as it is owned by only one person and such computed income should be divided in the respective ratio.

If respective shares are not definite and ascertainable then such persons shall be assessed as AOP inresct of HP income.


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