Housing Loan Tax Benefits under New Regime

Housing Loan Tax Benefits

Basics of Rental Income & Housing Loan Tax Benefits

Rental Income

As per Section 20 of Income Tax Act, 2025, Rental Income from a House Property is treated as Income of the owner of the property. Even if there is a commercial property, its rental income is taxable under this section as Income from House Property as there is no separate provision for rent from Commercial property.

Deemed Rental Income

If a person has more than 2 house properties and none of them is let out, still only 2 of them can be treated as self-occupied property and remaining are deemed to be let out and deemed rental income is to be included in taxable income as per the provisions of Income Tax Act, 2025.

Deductions from Rental Income

There are 3 deductions allowed from rental income. Municipal Tax Paid for property, like, House Tax, are straight away allowed as deduction from rent. Further 30% of the balance amount is allowed as Standard Deduction. Moreover, any interest paid on Housing Loan is allowed as deduction subject to some conditions.

FAQs on Rental Income and Interest on Housing Loan

I have taken a housing loan in my name to purchase a house property but got it registered in the name of my wife to save registry charges. Will I get benefit of Housing Loan Interest?

No. The income from House Property is taxable in the hands of owner of the property. Therefore, interest will also be deductable from income of owner. Since, you are not the owner of the property, you will not get the benefit of housing loan interest. Also, your wife is owner, but has not paid the interest, she will also not get the benefit from her income.

Can one get benefit of interest on housing loan for deduction under new tax regime ?

Yes, Interest on housing loan is eligible for deduction even in new tax regime. But the same is eligible for deduction only from House Property Income. It means if an assessee doesn’t have house property income, there is no deduction of Housing Loan Interest.
Under old tax regime, the assessee can get benefit of deduction of Housing Loan interest from other income upto Rs. 2 lacs.
Thus for example if other income of an assessee is Rs. 10 lacs and has paid housing loan interest of Rs. 3 lacs, the position under old tax regime and new tax regime will be as below :
Old tax regime :
Other Income                                                                10 lacs
Housing Loan interest allowed                                  2  lacs
Taxable Income                                                             8 lacs
New tax regime :
Other Income                                                                10 lacs
Housing Loan interest allowed                                  NIL
Taxable Income                                                             10 lacs

Is there any deduction allowed from rental income ?

Yes. Municipal taxes paid are straight away deducted from the rent received. Thereafter, 30% of the balance (known as annual value) is allowed as standard deduction. Further, interest on housing loan is also allowed as deduction from the balance amount but upto Rs. 2 lacs only. This position is same in both new and old regimes.

I am owner of a house property, but take rent in bank account of my wife. Will the rent be counted income of my wife.

No. Ownership is the basic need for taxability of House Property Income. Since, you are the owner of the property, the rent will be counted as your income even if you received it in wife’s account.

I have sub-let the house property with permission of my landlord. Will I get benefit of municipal taxes and 30% standard deduction ?

No. Since, you are not the owner of the property, the income from sub-letting is not house property income. It will be Income from other sources and due to this, you will not get benefit of 30% standard deduction. However, municipal taxes paid by you will be allowed as deduction being directly attributable to income earned.

Can I do tax planning by gifting the house to my wife so that she will become the owner and rental income will be treated as her income ?

No. In case of gifting the house to wife, you will still deemed to be the owner of the property in terms of the provisions of Section 25 of Income Tax Act, 2025. Therefore, even wife will become the owner, still income will be treated as your income only.

I am a salaried person, my rental income for the year is Rs. 60000. Interest on my housing loan is Rs. 400000. Can the loss due to deduction of interest be set off with my salary income?

No, Under new regime, no loss is allowed to be set off from salary. However, under old regime, loss upto maximum Rs. 200000 (Rs.30000 for repair/renovation loan) is allowed to be set off. Under above case loss will be Rs. 358000 but maximum set off from salary income will be Rs. 200000 (old regime)

I have paid some expenses on repairs of my property. Will it be allowed as deduction from my Rental Income?

No. Since a fix 30% standard deduction is already allowed to cover all expenses, separate deduction for any expense like repairs will not be allowed additionally.

Disclaimer : This article is for educational and informational purposes only. It is not personal tax advice. Every taxpayer’s situation is unique — income sources, deductions, residential status, and applicable sections all vary.

Author –

CA Ajay Khandelwal is a Chartered Accountant and financial expert with over 21 years of experience in taxation, compliance, and business advisory. As a key expert at AspirixWriters, he provides practical insights on income tax, financial planning, and regulatory matters, helping readers make informed financial decisions.

Author Profile CA. Ajay Khandelwal

Reference

income-tax-act-2025

Read More