Deemed Let Out Property: Meaning, Income Tax Calculation, and More You Need to Know

In the context of income tax, a deemed let-out property refers to a property that is considered to be let out for the purpose of taxation, even if it is not actually rented out or earning any rental income. It is a concept applied when an individual owns more than one property and declares only one as self-occupied, while the others are deemed to be let out.

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Deemed Let-out Property
Deemed Let-out Property

What is deemed let-out property?

If a person has more than 2 house properties then only 2 are legally mandated as self-occupied and another house property is legally considered as a deemed let-out property. Deemed let-out property is a type of property that is held by an owner but is rented out regularly. Deemed let-out property is a form of taxation in which a property or certain asset is viewed as let out or rented, even if it is not rented out for any period. This type of property is often used for long-term leased real estate, such as an apartment building or office building. This can also include land that is leased out for agricultural purposes or other commercial ventures.

The owner of the property may not live on the property, but they are responsible for collecting rent and making sure that maintenance is done on the property. The rent that is collected is used to cover the costs of upkeep, repairs, and taxes. Deemed let-out property can be an excellent investment, as it often produces steady income from rental payments over time. And if you have a property at a demanding location where people prefer to live and work, then you don’t need to look back for any problem with the rental income. You will get the regular even the higher rental income.

This situation arises when there is an annual value assigned to the property, especially in posh localities in Mumbai, and the property is utilized for purposes like generating rental income or housing a tenant. In such scenarios, the property is considered let out for tax purposes, subjecting all applicable taxes to the income earned from it.

What is a rent-out property?

A rent-out property, often referred to as a deemed let-out property, is a dwelling like single-family homes, apartments, or condos, which a homeowner rents to a tenant for residential use. The homeowner, in this case, holds responsibility for property upkeep and adhering to local laws and regulations governing rental properties. In exchange, the tenant pays rent and typically follows a lease agreement that outlines the terms of the arrangement. Rent-out properties can be a profitable way for homeowners to generate additional income while providing a home to someone else. For a touch of positive energy, consider including Vastu paintings for bedroom decoration, creating a harmonious living space.

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What tax deductions are allowed against letting out property in India?

Tax deductions are a major motivator for investment in let-out property in India. The taxable rental income of an individual is reduced by the deductions allowed by the Income Tax Act, of 1961. It is important to understand what deductions are allowed against the deemed let-out property for tax purposes.

Income from let-out property is divided into two parts, namely, principal and interest. The principal is the capital investment or purchase price of the property. Interest is the rent collected from it. All the expenses related to the let-out property can be deducted from the total income. It includes municipal taxes, interest on borrowings taken for the purchase of the property, insurance premiums, standard deductions, and repairs and maintenance charges.

A standard deduction of 30% of the total rent received is allowed for the buildings that are let out. This deduction applies even if the expenses incurred on repairs and maintenance are less than 30% of the total rent. In addition, municipal taxes like property taxes, water taxes, and conservancy taxes paid in a financial year are also allowable deductions.

Interest on borrowings taken for purchasing the property is also allowed to be deducted from the taxable rental income. This is subject to certain conditions, such as the loan must have been taken after 1st April 1999, and the repayment should start before the end of the financial year in which the loan was taken.

The cost of repairs and maintenance of the let-out property is also allowed as a deduction. Some of the common deductions in this regard include painting, whitewashing, and repairs to the floor, structure, roof, and other parts of a building. Even when this calculate as a deduction, you are always looking for the best ways to furnish your home at minimum cost with the best look. For this, you can get some advice from an interior designer or can refer to some online research tips.

In conclusion, there are several deductions allowed against the deemed let-out property in India. These include standard deductions.

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What are the factors to be considered to calculate the annual value?

Actual rent

When you can start the calculating annual value of the property, the most vital parameter for it is actual rent receivable or rent received.

If the actual rent received or receivable is less than the expected rent because of the vacancy of the property in the year. Still, the actual rent received is vital. 

Municipal valuation of the property

The municipal corporation of the community establishes the property’s current valuation. The authority determines how much municipal tax is due from property owners for the use of their properties.

Fair rent

The amount that a rentable property can bring in is represented by the fair rent. It is determined by comparing the rent that properties that are identical or nearly similar to each other are bringing in the region. In this regard, a yearly fair rent calculation is made.

Standard rent

The Rent Control Act classifies this as a fixed rent for purposes of calculation. The landlord is not permitted to raise the rent over the market rate. The actual rent the property receives may be more than the standard rate.

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How to calculate income from deemed let-out property?

In the case of a let-out property, the taxpayer can claim a deduction under section 24(b). The calculation of the Income from the house property is as follows.-

Particulars

Amount

Gross annual value

2,16,000

Less:- Municipal taxes paid during the year

(10,000)

Net Annual Value (NAV)

2,06,000

Less- Deduction under section 24

- Deduction under section 24(a) @ 30% of NAV (Standard Deduction)                    

- Deduction under section 24(b) on account of interest on borrowed capital

(61,800)

(00)

Income from house property

1,44,200

Source: Income Tax Dep.
Gross annual value is calculated by multiplying the fair rent of the property by 12.
For Eg.
The rent of the property per month is 18,000/-Then 18,000*12= 2,16,000/-.

Municipal taxes are applied according to the area and to which municipal corporation your house belongs.

30% Deduction under section 24(a) means 30% of the net annual value of the property. As you can see in the above format 30% of the 2,06,000 which is 61,800 is deducted from the Net Annual Value which is 2,06,000.

Then if you have any borrowing means any housing loan or any borrowing capital in fact loan against property. Then the interest is also deducted from the Net Annual Value of the property.

The Deemed Let Out Property: Understanding Meaning, Income Tax Calculation, and Beyond

Deemed let-out properties are owned by you but continuously on the rent or just rented on the paper. The government is planning to deem properties let out if they are not being used for residential purposes, in a bid to crack down on landlords who are not adhering to the rules. This could have a big impact on landlords, so it’s important to be aware of the changes and how they might affect you.

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