The income arising out of a house property either in the form of a rental income or on its transfer is referred to as ‘income from house property’. In essence, any property such as house, building, office, warehouse is treated as ‘house property’ under the Income Tax Act.
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Any house property of the assessee which is given on rent to a tenant even for a few months is to be considered as a let out house property and income tax from house property is calculated accordingly.
Here are the steps to calculate income from a let-out house property:
Rental income in the hands of owner is charged to tax under the head “Income from house property”. Rental income of a person other than the owner cannot be charged to tax under the head “Income from house property”. Hence, rental income received by a tenant from sub-letting cannot be charged to tax under the head “Income from house property”. Such income is taxable under the head “Income from other sources” or profits and gains from business or profession, as the case may be.
Rental income from property is charged to tax under the head "Income from house property in the hands of the owner of the property". If a person receiving the rent is not the owner of the property, then rental income is not charged to tax under the head "Income from house property" (E.g. Rent received by tenant from sub-letting). In the following cases a person may not be the registered owner of the property, but he will be treated as the owner (i.e., deemed owner) of the property and rental income from property will be charged to tax in his hands: (1) If an individual transfers his or her house property to his/her spouse (not being a transfer in connection with an agreement to live apart) or to his/her minor child (not being married daughter) without adequate consideration, then the transferor will be deemed as owner of the property. (2) Holder of impartible estate is deemed as the owner of the property comprised in the estate (3) A member of co-operative society, company or other association of persons to whom a building (or part of it) is allotted or leased under house building scheme of the society, company or association, as the case may be, is treated as deemed owner of the property. (4) A person acquiring property by satisfying the conditions of section 53A of the Transfer of Property Act, will be treated as deemed owner (although he may not be the registered owner). Section 53A of said Act prescribes following conditions: (a) There must be an agreement in writing. (b) The purchase consideration is paid or the purchaser is willing to pay it. (c) Purchaser has taken the possession of the property in pursuance of the agreement. (5) In case of lease of a property for a period exceeding 12 years (whether originally fixed or provision for extension exists), lessee is deemed to be the owner of the property. However, any right by way of lease from month-to-month or for a period not exceeding one year is not covered by this provision.
To tax the rental income under the head “Income from house property”, the rented property should be building or land appurtenant thereto. Shop being a building, rental income will be charged to tax under the head “Income from house property”.
Gross annual value of a property which is let-out throughout the year is determined in the following manner : Step 1: Compute reasonable expected rent of the property (for details refer to FAQ on computation of reasonable expected rent). Step 2: Compute actual rent of the property (for details refer to FAQ on computation of actual rent). Step 3: Compute gross annual value (Gross annual value will be higher of amount computed at step 1 or step 2).
A self-occupied property means a property which is occupied throughout the year by the taxpayer for his residence
The amount received on account of arrears of rent (not charged to tax earlier) will be charged to tax after deducting a sum equal to 30% of such arrears. It is charged to tax in the year in which it is received. Such amount is charged to tax whether or not the taxpayer owns the property in the year of receipt.
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