Suresh, currently employed with MNC Company in Mumbai, is staying in a rented apartment in Mumbai and has bought himself a property in Ahemedabad for which he has taken a home loan.
Now he is in confusion while filing tax returns – “Can I claim both HRA and home loan benefits?”
This seems to be a dilemma for most tax payers. When Suresh pays rent, under the Income tax act, he is definitely allowed to claim both HRA and home loan benefits (interest payment and principal repayment).
Similar to Suresh we have many queries about Home loan, HRA and Tax Benefits, Let us try to evaluate various possible situations an individual can find himself in and understand what the income tax act permits him to do.
Situation 1: You live in your own house purchased via Home loan
You have taken a home loan and residing in the house purchased with it. Since you are residing in your own house, you will not be able to claim HRA. However, you will be able to claim tax benefits on both, the principal and interest repaid on the home loan.
Situation 2: You own a house in another city
This situation was the one faced by Suresh. He resided in Mumbai but had bought an apartment in Ahmedabad taking a home loan. Suresh will be entitled to HRA exemption and tax benefits on both, the principal and interest repaid on the home loan.
Situation 3: Your house cannot be occupied at this point
You have bought a house in same city of your work by taking a home loan and you’re currently living in same city in a rented apartment because the house is under construction. In such a case, you are eligible to claim HRA.
In such case you can take partial tax benefit on the home loan, you can claim tax benefits only for your principal before the completion of your house.
Once your house is completed, you can claim tax benefits on the total interest paid up.
Situation 4: You have a house but you cannot reside in it
You have bought a house in Surat taking a home loan and now you aren’t residing in it but are living in a rented apartment in Surat itself for genuine reasons e.g. the house that you have bought is far away from your office.
In such cases, the Income tax act permits the individual to claim HRA and home loan benefits which includes both principal and interest repaid on the home loan.
Also, please note that if your house remains vacant, then you will still need to pay tax on a notional rent income.
Situation 5: You have rented your own house and currently residing in a rented house
You took a home loan and your house is now ready for occupation. You have rented the same out while you reside in a rented house. The Income tax act allows you to claim both HRA and home loan benefits.
However, in such a case, since you are the recipient of rent because you have let out your own house, that income is taxable at your hands.
The Income Tax Act treats HRA and home loan deductions under separate sections independently. The two are not interconnected to each other.
HRA is dealt with in section 10(13A) Rule 2A while home loans are entitled for tax benefits under section 80C (tax benefit on principal repayment) and Section 24 (tax benefit on interest payment) of the Income Tax Act. Hence, feel free to avail both tax benefits accordingly.
Ravi Kiran
Dear Sir,
I have taken home loan and purchased a house in a city and working in another village which is 45 kms away. Can i avail both HRA and HOME LOAN benefits? Do i have to show the rent as other income for this? If so what is the amount? Thanking you.
Raviraj Parekh
Dear Ravi Kiran,
If you are doing up down you can not claim both benefit.If you are staying at work place in your case village you can claim both benefit.
Ravi Kiran
Dear Ravi,
The loan is a joint one, where as the house registered on my name only! Then how to get benefit for IT in view of HRA or Housing Loan for my wife? Thank you!
Raviraj Parekh
Dear Ravikiran,
If your wife is earning she can claim benefit of this home loan for income tax exemption.
Ravi Kiran
Dear Ravi, I hav read in many sites that ownership is mandatory for claiming IT exemption for housing loan. In my case she is merely a co borrower. Even ASHAL of AIFW told the same. So that I am looking for alternatives. Could you please go through this?
Raviraj Parekh
Yes Ownership is mandatory to claim Tax Benefit.Usually banks insist co-owners to be co-borrowers of the loan.I will try to find more information and revert.