Income from house property

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Hi

I am a salaried individual and my wife is a homemaker.I brought a flat in 2013 (resale) in joint name and another flat in 2014 which is a construction linked flat.In both the flats, my wife has a 50% share. The loans for both the properties is also taken in the joint name.The resale flat is let out on rent and am getting the rent cheque in my name. I want to know the following: 

1. While filing my wife's return, do i need to show half the rent as her income from House property and take only the other half in my name?

2. Iam claiming the interest on loan us 24 for the first property. Will my wife have any such claim in her return?

3. For the second property(which also is in a joint name), i have paid construction linked Pre EMI for one year and have now started paying EMIs. Possession is expected in 2017. Will all tax benefits start post possession?

4. What is the date considered for Long Term Capital Gain in case of a under construction property? Is it date of registration or date of possession?

5. While deducting TDS on buying of this property, i filled in Form 26QB in my name alone instead of me and my wife. While filing returns of my wife, shall i then ignore this property for income from house property when i get possession later?

thanks in anticipation.

regards

 

 

 

Replies (5)

The income should come in a joint account so that income can be aproportioned. Is the loan docs also in boths name?

iam the only earning member of the family, however the loan docs are in name of both of us where iam the applicant and she is the co-applicant.

the rental income also comes only in my name.

If cheque is issued in yr namethen income will be yours as if any tds is done then it will be reflected in your pan.

You mentioned your wife is a homemaker, so she does not has any source of income ,right ?

If thats the case then it must be solely you, who would be repaying the loan and hence it is solely attributable to you . In assessment proceedings, you will be treated as the owner of the property.

 

 

1. While filing my wife's return, do i need to show half the rent as her income from House property and take only the other half in my name?

No, since the income solely belongs to you. Unless she also repays loan

 

2. I am claiming the interest on loan us 24 for the first property. Will my wife have any such claim in her return?

If she really repays the loan , then she can but otherwise the benefit  should only be opted by you.
 

3. For the second property(which also is in a joint name), i have paid construction linked Pre EMI for one year and have now started paying EMIs. Possession is expected in 2017. Will all tax benefits start post possession?
 

Benefit of interest deduction, in 5 equal installments.

Kindly go through this explanation

Explanation.—Where the property has been acquired or constructed with borrowed capital, the interest, if any, payable on such capital borrowed for the period prior to the previous year in which the property has been acquired or constructed, as reduced by any part thereof allowed as deduction under any other provision of this Act, shall be deducted under this clause in equal instalments for the said previous year and for each of the four immediately succeeding previous years:

 

 

4. What is the date considered for Long Term Capital Gain in case of a under construction property? Is it date of registration or date of possession?
 

It depends on facts of the case and to some extent jurisdiction also, since different HC have different rulings

To be on safe side, you may take latter date. If registeration was substantially delayed then you can take date of possession since solely on the grant of delay of registeration , exemption (if availed at time of selling) should not be denied

Majority Judgements are in favour of possession date as against date of registeration. Do consult someone before selling the property.

 

5. While deducting TDS on buying of this property, i filled in Form 26QB in my name alone instead of me and my wife. While filing returns of my wife, shall i then ignore this property for income from house property when i get possession later?
 

Since property is out of your funds only, you are the owner of the property so ignore it.

 

 

If you decide to change anything from the above , then you will have to give a simultaneous effect to other parts also [Which I do not recommned at all]


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