Loss of Income from Let out properties

Kumar (mm) (45 Points)

12 May 2011  

I have three  flats. One self occupied (property A) and two let out properties (property B & C ).

Q1. Housing loan interest on self occupied property (property A) is  Rs 1.1 lakhs while that on let out property (property B) is Rs 1.3 lakhs per annum.  Tenant is staying in Property B while I stay in property A.  Is it possible to declare property B as ‘self occupied’ since I pay more housing loan interest on property B and declare property A as ‘let out’.  Will there be any advantage in tax saving if I do this option? Both Property A & B are in my name ( spouse not owner of these properties). I am in 30% IT bracket.

Q2.     Property C is in joint name of myself and my wife. There is no mention of the percentage of ownership in any document(my name appears first and her name appears second). Housing loan is also on both names (wife is co-applicant).  Wife is not employed and hence not having taxable income. I pay EMI of the housing loan from my funds. In this case while computing ‘loss from property C’ , can I claim  the full ‘interest on housing loan on property C’  which is Rs 80000/- ? what about the rental income on this property which is Rs 108000/-. Do I need to add this full amount to my income or half of it alone need to be added to my income? If I add half of the rental income (Rs 54000/-) to my income  and add remaining Rs 54000/- as wife’s income, can I still claim the housing loan interest reduction of Rs 80000/- as I pay it from my funds?

Q3.  Housing loan interest on my property B is Rs 1.3 lakhs per annum(outstanding loan amount is Rs 11 lakhs).  If I take additional housing loan from the same bank (new loan amount will be 16 lakhs), can I get IT benefit for the interest component of this additional loan of Rs 5 lakhs?  Bank officer told me that they will do a revaluation of the property (my property is 5 years old and has appreciated almost 1.5 times during this period), close the existing loan and sanction new loan for the new loan amount. In this scenario can I get IT benefit for the interest component of this additional loan of Rs 5 lakhs?  Will the bank treat this additional Rs 5 lakhs as ‘housing loan’ itself or will it consider it as ‘loan against property’?  If they consider it as ‘loan against property’ will the IT benefit  be applicable for the interest component of this additional loan of Rs 5 lakhs? If I switch to another bank and if the new bank gives me loan of Rs 16 lakhs what would be the impact from IT tax on housing loan interest  perspective?

thanks in advance for your help,

regards

Kumar