LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

manish chauhan (ser)     28 June 2017

Rent of joint property

I am buying second house for rental purpose. I am applicant and my wife is co-applicant in home loan. my wife is house wife. the property will be registered in both names. We will be mentioned as "purchasers" in sale deed. Pl. clarify: 1. What will be % share in property for each of us. 2.As I will be paying EMIs, to whom tax benefits will pass. 3. The rent will be coming in wife account only. will this be against income tax rules. 4. suggest method so that i can receive full rent in my wife account legally.


Learning

 3 Replies

Kumar Doab (FIN)     28 June 2017

The share is to be decided by both of you. If it is not mentioned in figures in sale deed it may be deemed as equal i.e.50%.

The one that pays Loan/EMI may have tax benefit on loan.

The share of rent income could be according to % of ownership……………………..and/or as decided amongst owners.

Discuss with your own counsel specializing in Tax matters/CA at your own location.

pkpworld.. (consultant)     01 July 2017

You have three options

One_-- file return of income of your wife disclosing income of rent.  Since she is house wife then tax liability is nil.  You also file return showing your regular income only.  But deduction u/s 24 and deduction u/s 80C is not allowable to you. 

Two_- You can file your return showing income from regular source plus full rental income fully and claim deduction u/s 24 for payemnt of interest on borrowed capital.  you can also claim dedcution u/s 80C for repalyemnt of principal of house loan.  No need to file retun of wife, 

three_- You can divide the rent equally same and disclose each portion of rental income along with regular income.  Since EMI is paid by you, only you can claim deduction u/s 24 and deduction u/s 80C.  Your wife can not claim the same in her income.

Finally logic is that income from rent should come to tax net. 

 

pkpworld.. (consultant)     01 July 2017

                                 It is beneficial to you if option three choose. 

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register