CA Ankit Agarwal (CA, CS) 14 December 2017
If a person buys a flat and gets it registered in the name of his wife, will he get Tax deduction?
Note: Loan is taken by the husband, and he will be paying the EMI. The wife does not have any source of income.
He wants to get the flat registered in name of his wife to save the stamp duty which are available to a woman.
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Prajjwal Kaushik (Finance Professional) 14 December 2017
In my opinion, that is not possible.
You and your wife will have to be co-applicants for the loan.
If you are neither the owner nor the co-owner of the apartment, you will not be eligible for any tax benefits on the loan repayments.
Even if you become the co-owner of the flat and co-applicants for the loan, in that case also deduction shall be restricted to the share in the property.
Z ( ) 15 December 2017
It is possible to claim the deduction. The deduction will be available to the real owner of the property and that can be proved from the records of payment. You will have to show that the payment is made from your bank account and that you are the real owner of the property and hence all the deduction be allowed to you, being the true and real owner of the property.
It would be much much better if co-ownership is possible.
Same also applies in case of capital gain. I have been adamant on my this view since years and in my parents' case also I did the same. I received the notice and gave all the explanations and the exemption was allowed.
[Well, It is important that AO is also a like-minded individual.]