ITR
Choosing which properties to treat as self-occupied
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Facts
The rented flat is let out and taxed on rent. Between the flat you live in and the vacant one, both can be self-occupied since the limit is two. If you owned one more vacant house, you would choose which to treat as deemed let out.
Provisions and law
- Sec 23, Income-tax Act 1961Annual value rules: up to two self-occupied houses have nil annual value; others are treated as let out at expected rent
- Sec 24(b) (now Sec 22(1)(b))Deduction for interest on a home loan; ₹2,00,000 cap for self-occupied houses under the old regime
Analysis
Self-occupied status gives nil annual value but caps loan interest at ₹2,00,000 in total for both houses under the old regime. A deemed let out house is taxed on notional rent but gets full interest deduction and 30%. If one vacant house has a large loan, treating it as deemed let out can sometimes give a loss that is better than a nil value. Compute both ways before choosing.
Conclusion
- List each property's expected rent and loan interest.
- Compute tax under different choices.
- Pick the combination with the lowest tax.
- Keep the working for your records.
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