Section 80EE: Additional Deduction of Home Loan Interest

Section 80EE: Deduction in respect of interest on loan sanctioned during financial year 201 3-14 for acquiring residential house property

Existing Provision

Under the existing provisions of section 24 of the Income-tax Act, income chargeable under the head ‘Income from House Property’ is computed after making the deductions specified therein. The deductions specified under the aforesaid section are as under:-

  1. A sum equal to thirty per cent of the annual value;
  2. Where the property has been acquired, constructed, repaired, renewed or reconstructed with borrowed capital, the amount of any interest payable on such capital.

It has also been provided that where the property consists of a house or part of a house which is in the occupation of the owner for the purposes of his own residence or cannot actually be occupied by the owner by reason of the fact that owing to his employment, business or profession carried on at any other place, he has to reside at that other place in a building not belonging to him, then the amount of deduction as mentioned above shall not exceed one lakh fifty thousand rupees subject to the conditions provided in the said section.

New Section 80EE

Finance Bill, 2013 proposes to insert a new section 80EE in order to promote affordable housing to first time home buyers by allowing deduction in respect of interest on loan taken for purchase of first residential house. The said section 80EE is proposed to be inserted with effect from 1.4.2014 which is as under:

‘80EE. (1) In computing the total income of an assessee, being an individual, there shall be deducted, in accordance with and subject to the provisions of this section, interest payable on loan taken by him from any financial institution for the purpose of acquisition of a residential house property.

(2) The deduction under sub-section (1) shall not exceed one lakh rupees and shall be allowed in computing the total income of the individual for the assessment year beginning on the 1st day of April, 2014 and in a case where the interest payable for the previous year relevant to the said assessment year is less than one lakh rupees, the balance amount shall be allowed in the assessment  year beginning on the 1st day of April, 2015.

(3) The deduction under sub-section (1) shall be subject to the following conditions, namely:—

(i) the loan has been sanctioned by the financial institution during the period beginning on the 1st day of April, 2013 and ending on the 31st day of March, 2014;
(ii) the amount of loan sanctioned for acquisition of the residential house property does not exceed twenty-five lakh rupees;
(iii) the value of the residential house property does not exceed forty lakh rupees;
(iv) the assessee does not own any residential house property on the date of sanction of the loan.

(4) Where a deduction under this section is allowed for any interest referred to in sub-section (1),deduction shall not be allowed in respect of such interest under any other provisions of the Act for the same or any other assessment year.

(5) For the purposes of this section,—

(a) “financial institution” means a banking company to which the Banking Regulation Act, 1949 applies including any bank or banking institution referred to in section 51 of that Act or a housing finance company;
(b) “housing finance company” means a public company formed or registered in India with the main object of carrying on the business of providing long-term finance for construction or purchase of houses in India for residential purposes.’

The proposed amendment provides for deduction to maximum of rupees one lakh on a loan taken for a residential house property; however said deduction can be availed of only on satisfaction of the conditions provided under sub-section (3).

Impact of amendment:

Keeping in view the need for affordable housing, an additional benefit for first-home buyers is proposed to be provided by inserting a new section 80EE in the Income-tax Act relating to deduction in respect of interest on loan taken for residential house property.

The proposed new section 80EE seeks to provide that in computing the total income of an assessee, being an individual, there shall be deducted, in accordance with and subject to the provisions of this section, interest payable on loan taken by him from any financial institution for the purpose of acquisition of a residential house property.

It is further provided that the deduction under the proposed section shall not exceed one lakh rupees and shall be allowed in computing the total income of the individual for the assessment year beginning on 1st April, 2014 and in a case where the interest payable for the previous year relevant to the said assessment year is less than one lakh rupees, the balance amount shall be allowed in the assessment year beginning on 1st April, 2015.

It is also provided that the deduction shall be subject to the following conditions:

(a) the loan is sanctioned by the financial institution during the period beginning on 1st April, 2013 and ending on 31st March, 2014;
(b) the amount of loan sanctioned for acquisition of the residential house property does not exceed Rs. 25 lakhs;
(c) the value of the residential house property does not exceed Rs. 40 lakhs
(d) the assessee does not own any residential house property on the date of sanction of the loan.

The cutoff date to comply with the above conditions shall be sanctioned date and the date of dispersal of amount shall be disregarded.

It is also provided that where a deduction under this section is allowed for any assessment year, in respect of interest referred to in sub-section (1), deduction shall not be allowed in respect of such interest under any other provisions of the Income-tax Act for the same or any other assessment year. It is also proposed to define the term “financial institution”.

This amendment will take effect from 1st April, 2014 and accordingly apply in relation to the assessment year 2014-15 and subsequent assessment year.

The proposed amendment inserted in order to promote the need for affordable housing and provide additional benefit to first time home buyers. The proposed section as inserted is applicable only for loans sanctioned in the financial year 2013-14 and not for subsequent financial years.

No doubts the proposed amendment will benefit small entrepreneurs and employees who wish for an abode of their own. The benefit proposed is very attractive as an outright deduction of rupees one lakh is available thus reducing tax liability for assessment year 2014-15. Such beneficial provision was awaited for long and is expected to continue for few more years.

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