The Income Tax Act prescribes rental income taxability for individuals receiving rent from a let-out property. Meanwhile, this taxation of rental income is also eligible for specific deductions and exemptions under the IT Act.
What are they, and how is rental income actually calculated?
Read on to find out.
Any income arising in the country is taxable in the hands of resident taxpayers and non-resident taxpayers. As a result, income generated from a rented or leased out property is taxable.
Rental income also includes the overall amount that one pays as a security deposit or advance. Moreover, there is no differentiation between residential and commercial property in terms of rental income taxability. Even the parking space attached to your house is considered a property, and if you let it out, the income generated is taxable.
Furthermore, the IT Department levies a tax on the property depending on its annual value. You can determine the annual value by considering the higher of the following values:
As per the Income Tax Act, rental income from a property is taxable as per Section 24 under the heading’ Income from house property.’ Meanwhile, any rent earned from a let out land is taxable under the heading’ Income from other sources.’
Note that if the establishment is used for business or professional purposes, then this section is not applicable.
Also read: Section 80CCD(1B) Of Income Tax Act: Who Can Benefit From It?
Follow these steps to calculate your income tax on rental income:
Step 1
Calculate the property’s Gross Annual Value (GAV). For let out properties, the amount collected as rent is the GAV.
Step 2
If you have paid property tax in advance, you can claim a deduction on that.
Step 3
Determine your property’s Net Annual Value (GAV – property tax).
Step 4
Claim 30% standard deduction on NAV available under Section 24 of the Income Tax Act.
Step 5
If you have taken a home loan for that property, you can claim a full tax deduction on the interest component of that loan.
Step 6
The remaining amount is your income from property, which is taxable as per your current tax slab and regime.
There are specific provisions that allow exemption or deduction with regard to rental income taxability. As per Section 24 of the Income Tax Act, you can claim the following deductions:
The standard deduction under this section is applicable to every taxpayer. So, if you own a property, you can claim a tax exemption of 30% of the property’s Net Annual Value.
However, this deduction is not applicable if you are staying in the house and it is the only property you own.
If you have purchased a property via a home loan and have rented out the property, then you can claim a tax deduction on the entire interest component that you pay towards your home loan annually.
There are a few key points that you must remember regarding the taxability of rental income. Find them below:
Also read: Section 115BA of the Income Tax Act
Knowing the intricacies of rental income taxability is crucial for every taxpayer who receives any income from a let-out property. Go through the above sections in detail and claim the tax deductions to minimise your tax outgo.
Ans: No, you earn rent by letting out your personal property. So, rental income is not an earned income. Instead, it is considered a passive income as per the ongoing income tax laws in the country.
Ans: There are no exceptions for any property regarding rental income taxability. Income tax for income earned from a property is applicable for residential and commercial properties alike. Even factories or garage extensions also come under this.
Ans: Property tax is a tax that is levied on a property. It is an annual amount that the property owner has to pay to the municipal corporation or local government. So, no, tenants do not have to pay the property tax. The sole person liable to pay this tax is the property owner.
Ans: Income accumulated from a let-out property is taxable in the hands of both non-resident and resident taxpayers. So, if an NRI owns a property in India and enjoys rental income from that property, he/she is liable to pay tax on that said income.
Ans: An NRI who has property in India must be a resident of a foreign nation. Now, he/she is also liable to pay tax in the foreign country on the rental income generated against a property situated in India. This is double taxation. To avoid this, the Income Tax Department analyses if there is any DTAA (Double Tax Avoidance Agreement) between India and that foreign country.
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