How income from house property is taxed in India

How income from house property is taxed in India under the Income Tax Act.

Income from House Property – Section 22 to 27 (Overview)

Basic Conditions to Qualify as Income from House Property:

Income is taxable under “Income from House Property” if you are the owner (legal or deemed) of the property. The property includes buildings or land appurtenant thereto, not vacant land alone. & The property is not used by you for your own business/profession.  Conditions for Taxability are mention here under :

• Income must be rental/lease-based (lumpsum or periodic).
• Must relate to a building (residential/commercial) — not just land.
• Ownership of the property is essential (including deemed ownership).
• Property must not be used for business (if renting is your business, it’s business income).
• Property can be self-occupied or let out — both are covered.

Types of House Property & Tax Treatment

Property Type	Taxability
Self-Occupied	GAV = Nil (Max 2 properties allowed as self-occupied)
Let-Out	GAV = Actual Rent or Expected Rent, whichever is higher
Deemed Let-Out	Applies when more than 2 properties are self-occupied
Income from vacant land	Income from vacant land is taxed under “Income from Other Sources

Classification of House Property

Type		Description	Tax Treatment
Self-Occupied		Used by owner/family or vacant	GAV = Nil (max 2 allowed)
Let Out		Rented wholly or partly	GAV = Actual Rent Received
Deemed Let Out		More than 2 properties, even if vacant	GAV = Expected Rent
Used for Business		Not taxed under this head

Deemed Ownership – Section 27

You are treated as the deemed owner if:

• The owner of the property transferred the property to a spouse/minor child (other than for adequate consideration).
• Txapaer hold property which can’t be divided.
• The owner are an allottee under a co-op society.
• owner possess a property under Section 53A of the Transfer of Property Act.
• Txapaer have a leasehold interest for over 12 years.

Computation of Income from House Property :

Step-by-Step Calculation:

1. Compute Gross Annual Value (GAV)
   • Higher of (Fair Rent vs Municipal Rent), subject to Standard Rent
   • Compare Expected Rent with Actual Rent → GAV is higher of the two
2. Deduct Municipal Taxes (if paid by owner) : Net Annual Value (NAV) = GAV – Municipal Taxes
3. Apply Standard Deduction (30% of NAV) : Deduction under Sec 24(a) = 30% of NAV
   • Deduct Interest on Home Loan [Sec 24(b)] : Max INR 2,00,000 (Self-occupied, subject to conditions)
   • No limit (Let-out property)
4. Income from House Property = NAV – 30% – Interest

For Owners: Property usage determines taxability

Self-Occupied Properties : Definition: You or your family live in the house, or it’s vacant for the entire year.  The following tax treatments are mentioned here:

• • Up to 2 properties can be treated as self-occupied.
  • Annual value (rent) = INR 0 → No tax on notional rent.

Let Out Properties : Tax on rent is mandatory & Rent = Actual rent received or receivable.

Vacant Properties : If you own more than 2 houses, the 3rd property onwards, even if vacant, is deemed to be let out.

Deemed Rent Calculation: If a house is not actually let out but is considered as let out (like the 3rd house), then Deemed Rent = Lower of Standard Rent (as per Rent Control Act) and Higher of Fair Rent (prevailing rent in locality) & Municipal Rent (decided by municipal authority)

Key Points

• Only two houses can be treated as self-occupied.
• Vacant 3rd house onwards → Deemed let out → Taxed on notional rent.
• You can claim interest deduction even on deemed let out property.
• Standard deduction of 30% is automatic—no bills required.

How to Calculate Taxable Income from House Property

Component	Symbol	Description
Actual Rent/Deemed Rent	A	Total rent earned (or notional for deemed let out)
Municipal Taxes Paid	B	Allowed as deduction (only if paid by owner)
Net Rent	C	A – B
Standard Deduction (30%)	D	30% of C
Interest on Home Loan	E	Interest paid on borrowed capital
Net Taxable Income		C – D – E

Example : Let’s say:

• Rent received = INR  6,00,000 (A)
• Municipal taxes = INR  50,000 (B)
• Loan interest = INR 2,00,000 (E)

Then:

• Net Rent (C) = 6,00,000 – 50,000 = INR 5,50,000
• Standard Deduction (D) = 30% of 5,50,000 = INR  1,65,000
• Net Taxable = 5,50,000 – 1,65,000 – 2,00,000 = INR 1,85,000

Deductions for Home Loans

Deduction	Section	Limit	Applicable On
Interest on Loan	24(b)	INR 2 lakh (SO) / Full (LO)	Post & pre-construction
Principal Repayment	80C	INR 1.5 lakh	Self-occupied only
Stamp Duty/Registration	80C	INR 1.5 lakh	Same FY as payment
Additional Interest	80EEA	INR 1.5 lakh	For property ≤ INR 45 lakh (conditions apply)
First-Time Buyer	80EE	INR 50,000	For loans sanctioned before 31.03.2017

 Deductions Under Old vs New Tax Regime

Regime	Self-Occupied	Let-Out
Old Regime	Interest up to INR 2 lakh + 80C benefits	Interest allowed (no limit)
New Regime (115BAC)	No interest or 80C deductions	Interest allowed only for let-out

Loss from House Property

• Max set-off against other income: INR 2 lakhs (Old regime only)
• Carry Forward: Allowed up to 8 years (only under “House Property” head)
• New Regime: No set-off or carry forward allowed.

Tax Planning Special Cases on Income from House Property

• Mixed Use Property (e.g. Residence + Office) : Split the property proportionately and calculate income accordingly.
• Pre-construction Interest : Interest during construction can be claimed in 5 equal instalments starting from year of completion.
• Let out vacant houses to avoid deemed rental income.
• Structure ownership of multiple properties to optimize self-occupied status.
• Claim both HRA and loan deductions if residing in rented home while owning a separate property.
• Joint Ownership: Each co-owner can claim then Interest deduction: up to INR 2 lakh & 80C principal + stamp duty/registration: up to INR 1.5 lakh (in proportion to ownership & payment made). It is to be noted that Joint ownership reduces taxable income burden. Following are Joint Owners – Tax Benefits

Scenario	Deduction Allowed
Both co-owners & co-borrowers	Both can claim up to INR 2 lakh (interest) + INR 1.5 lakh (80C) in their ownership ratio
Co-borrowers but not owners	Not eligible for any deduction
the Co-owners but not co-borrowers	No interest deduction; only 80C proportionally
Neither	Only owner who pays can claim, subject to actual payment

Summarized FAQs on Income from House Propert

Q.1. Can sub-letting income be treated as house property income?

Ans. No. It is taxed under “Income from Other Sources”.

Q.2 Can I claim deduction on interest from friend/relative loans?
Ans. Yes, if the loan is for purchase/construction and proof exists.

Q.3 Paid municipal tax in April 2025 for FY 2024–25?
Ans. Allowed, since paid within the relevant financial year.

Q.4. 6 properties let out?
Ams. Compute income individually for each, then aggregate.

Q.5. Can I claim both HRA and home loan deduction?
Ans. Yes, under certain conditions.

Q.6. Is rent from property taxable?

Ans. Yes, under “Income from House Property”. Taxable if GAV > ₹2.5 lakh (basic exemption limit).

Q.7. Can income be negative?

Ans.  Yes, due to interest deductions, especially for self-occupied properties.

Q8: Is HRA + Home Loan deduction both allowed?

Ans. Yes, if you stay in rented house and own another elsewhere.

Q.9. Can I claim deduction for under-construction property?

Ans.  Yes, interest during construction is claimable post-completion in 5 equal installments.

Q.10. What is the interest limit under Section 24?

Ans. INR 2 lakh (Self-occupied) & No limit (Let-out) also ₹30,000 (Loan for repairs)

Important Terms in on Income from House Property above

Term	Meaning
Municipal Value	Valuation for municipal tax purposes
Fair Rent	Rent of similar property in area
Standard Rent	Rent fixed under Rent Control Act
GAV	Higher of expected/actual rent (with standard rent cap)
NAV	GAV – Municipal taxes paid
Standard Deduction	30% of NAV