Capital Gains FAQs
What is a long-term capital asset?
A long-term capital asset is one that is held for a specified period before being sold. For most assets like land, property, or unlisted shares, the threshold is more than 24 months. For listed equity shares, equity mutual funds, and listed bonds, the holding period is more than 12 months. Gains from such assets are taxed differently and may qualify for exemptions or indexation benefits.
What is indexation and how does it reduce tax?
Indexation adjusts the original purchase price of a long-term asset using the government’s inflation index. This revised cost reduces the capital gain and lowers your tax liability. It applies to non-equity long-term assets like property, gold, and debt mutual funds, but not to listed shares or equity mutual funds.
Can I save tax by reinvesting capital gains?
Yes, you can claim exemptions under the Income Tax Act by reinvesting your capital gains in specific ways:
- Section 54: Buy a new house after selling a residential property
- Section 54EC: Invest in capital gain bonds (NHAI or REC) within 6 months
- Section 54F: Reinvest full sale proceeds from a non-residential asset into a house
Each exemption comes with timelines and conditions that must be followed to avoid reversal later.
Are gains from cryptocurrency taxed as capital gains?
Crypto and other virtual digital assets are taxed under a special flat rate of 30 percent on profits (taxed under the head capital gains). You cannot claim deductions (except for cost of acquisition), and losses cannot be adjusted or carried forward. The rate also remains the same for long term capital gain and short term capital gain. TDS at 1 percent is also deducted if the transaction value exceeds ₹10,000.
Can I adjust losses from one asset against gains from another?
Yes. Tax rules allow for set-off and carry forward of capital losses:
- Short-term losses can be adjusted against both short-term and long-term gains
- Long-term losses can only be set off against long-term gains
- Unused losses can be carried forward for up to 8 years if you file your return on time
Proper classification and documentation are essential while reporting this in your ITR.
Is capital gain applicable when I sell an inherited property?
Yes. Inheritance itself is not taxable, but if you sell the inherited property, the capital gain is taxed. The cost of the asset is taken as the original purchase price paid by the person who first acquired it, and indexation applies based on that date. The holding period also includes the time held by the previous owner. However, as per the amendments enacted by Finance Act No. 2, 2024, the taxpayer has an option to compute long term capital tax on sale of property with indexation @ 20% and without indexation @ 12.5%.
I sold a property and bought another. Do I still need to pay tax?
You must still report the sale and resulting capital gain in your return. If you reinvested in another house within the allowed time, you may be able to claim exemption under Section 54. The exemption is conditional, and you must meet the criteria and maintain the required documents.
What if I sold mutual funds or equity shares at a profit?
The tax depends on the type and holding period:
- Equity-oriented funds and listed shares:
- Held less than 12 months: taxed at 15 percent (short-term) for gains upto July 23, 2024 and 20% thereafter
- Held more than 12 months: taxed at 10 percent (long-term) on gains above ₹1 lakh upto July 23, 2024 and 12.5% on gains above 1.25lacks thereafter
Debt mutual funds and non-equity assets: taxed at slab rates as short-term capital gains.
Do I need to pay tax on gifted shares or property?
Receiving a gift is generally not taxable if it comes from relatives or within certain limits. However, when you sell a gifted asset, capital gain tax applies. The purchase cost and holding period of the original owner are used to calculate the tax.
How do I report capital gains in my income tax return?
Capital gains are reported under the ‘Capital Gains’ schedule in your ITR. You must provide:
- Dates of purchase and sale
- Type of asset
- Sale value and indexed
- purchase cost (if applicable)
- Details of exemptions or deductions
- Tax paid or TDS deducted
A CA can help you prepare the computation and ensure everything matches your Form 26AS and AIS.
ITR Filing FAQs
What is an Income Tax Return (ITR)?
An Income Tax Return (ITR) is a form used by taxpayers to report their income, deductions, exemptions, and tax liability to the Income Tax Department. Filing an ITR allows individuals to declare taxable and exempt income, claim deductions under sections like 80C, and report taxes paid (such as TDS, advance tax).
Can I file an ITR without an Aadhaar number?
As per current rules, linking PAN and Aadhaar is mandatory for ITR filing. If your PAN is not linked to Aadhaar, it becomes inoperative and you may not be able to file your return.
However, exceptions exist for certain individuals, such as:
- NRIs (Non-Resident Indians)
- Residents of Assam, Meghalaya, and Jammu & Kashmir
- Super senior citizens aged 80 or more
- Foreign nationals or citizens of other countries
- In such cases, you may still proceed with ITR filing if exempt from linking under Rule 114AAA.
What are the consequences of not filing your ITR?
Failing to file your ITR before the due date can result in:
- Late filing fees under Section 234F (up to ₹5,000 if filed after due date but before Dec 31).
- Interest on tax dues under Sections 234A, 234B, and 234C.
- Inability to carry forward losses under capital gains or business income.
- Scrutiny notices from the Income Tax Department.
- Prosecution risk in extreme cases of willful non-compliance or evasion.
Filing on time helps avoid penalties, interest, and unnecessary scrutiny.
I made a mistake in my filed ITR. Can I revise it?
Yes, the Income Tax Department allows you to revise your return under Section 139(5) if you notice any error or omission in the original return.
For FY 2024-25 (AY 2025-26), the revised return can be filed by December 31, 2025, or before completion of assessment, whichever is earlier. Make sure to mention the acknowledgement number and date of your original return while revising.
Revising your return ensures you stay compliant and avoids mismatches or incorrect assessments later.
I switched jobs during the year. Do I need to mention both employers while filing ITR?
Yes. If you’ve changed jobs during the financial year, it is mandatory to disclose salary from both employers in your ITR.
Even if each employer deducted TDS correctly, not combining both incomes may result in under-reporting and lead to notices from the IT Department. Also, remember to:
- Reclaim any excess tax paid
- Declare the breakup of income, allowances, and TDS from both Form 16s
- Claim deductions only once (e.g., 80C, HRA)
- Failing to report both salaries may result in penalty and interest for under-reporting.
My Form 26AS shows TDS, but I didn’t receive Form 16 from my employer. Can I still file ITR?
Yes. If your Form 26AS reflects TDS credits under your PAN, you can still file your return using the information available there even if your employer fails to issue Form 16.
You will need to:
- Refer to your monthly salary slips and bank credit entries
- Reconstruct your income breakup (basic, allowances, deductions)
- Use TDS entries in Form 26AS to claim credit
CA assistance is highly recommended in this case to ensure accuracy and avoid mismatch notices.
My ITR is filed, but I haven’t received the refund. What could be the reason?
Refund delays can happen due to multiple reasons:
- Bank account not pre-validated or not linked to PAN
- Return is not yet processed under CPC
- Return filed with errors and flagged for manual review
- Mismatch between claimed TDS and Form 26AS
- Incorrect IFSC or account number
To resolve this:
- Log in to the Income Tax Portal
- Check return status under “View Filed Returns”
Track refund via “Know Your Refund Status” (linking to TIN-NSDL)
Can I revise my return if I forgot to report foreign income?
Yes. Foreign income must be reported if you’re a resident and ordinarily resident (ROR) in India. If you missed reporting:
- File a revised return under Section 139(5) before Dec 31, 2025
- Include the foreign income under “Schedule FSI”
- Claim relief under DTAA in “Schedule TR” if applicable
Failure to report foreign income may attract penalties under the Black Money Act,. Revising voluntarily is always safer.
I have let out a second property on rent. How should I report this?
Rental income must be reported under ‘Income from House Property’ in your ITR, even if it’s from a second or third property.
You must declare:
- Gross annual rent received or receivable
- Municipal taxes paid
- 30% standard deduction (automatically allowed)
- Home loan interest (if any)
Use ITR-2 or ITR-3, not ITR-1, if you have more than one house property or rent + other income (e.g. capital gains, freelance).
I forgot to verify my ITR after filing. What should I do?
After submitting your ITR, it must be verified within 30 days either electronically (Aadhaar OTP, Netbanking, etc.) or by sending a signed ITR-V to CPC, Bengaluru.
If not verified:
- Your return is treated as not filed
- You may need to refile the return with late fees
If you missed the 30-day window, file a condonation request through the portal. Verification is essential for processing and refunds.
My TDS is higher than the tax I owe. Will I get a refund?
Yes. If your total TDS exceeds your actual tax liability (after considering deductions and exemptions), the excess amount will be refunded by the Income Tax Department.
Make sure to:
- Match your return details with Form 26AS and AIS
- File ITR on time and verify it
Refunds are processed after CPC completes assessment. You can track the status on the e-filing portal under “View Filed Returns.”
Form 16 FAQs
What is Form 16 and who issues it?
Form 16 is a TDS certificate issued annually by an employer to an employee, detailing salary paid and tax deducted under Section 192. It serves as proof that tax was deducted at source and deposited with the government. It’s typically issued by June 15 following the end of the financial year. Form 16 is especially useful during ITR filing as it consolidates income and deductions, making return preparation easier and more accurate.
What is the difference between Form 16 Part A and Part B?
Form 16 is divided into two parts:
- Part A includes employer and employee details, PAN and TAN, summary of salary paid, and tax deducted and deposited with the government. This part is downloaded from the TRACES portal.
- Part B is prepared by the employer and shows a complete salary breakup (basic, allowances, perquisites), tax regime selected, deductions claimed under Chapter VI-A (like 80C, 80D, 80G), and net taxable income.
Both parts together give a complete picture of the salary and TDS for the year.
Is Form 16 mandatory for filing my income tax return?
Form 16 is not mandatory, but it is highly recommended. If your employer has deducted TDS, they are obligated to issue it. However, if you don’t receive it, you can still file your return using your salary slips and Form 26AS (which reflects TDS credits). Form 16 simply makes the process smoother by compiling all relevant data in one document.
I have not received Form 16. Can I still file my ITR?
Yes, you can. Use your monthly payslips and refer to Form 26AS on the income tax portal to view taxes deposited against your PAN. Tally gross income and deductions based on your salary structure. If TDS was not deducted (for example, if your salary was below the exemption limit), then your employer is not required to issue Form 16. But if TDS was deducted and you haven’t received Form 16, you should follow up with your employer.
Salary Related FAQs
What all is considered as salary income under the Income Tax Act?
Salary income includes any remuneration received by an individual from an employer in exchange for services rendered. It is taxable under the head “Income from Salaries” if there exists a formal employer-employee relationship.
It includes:
- Wages and basic salary
- Allowances (HRA, conveyance, dearness allowance, etc.)
- Bonus, commission, advance salary
- Gratuity and leave encashment
- Pension (including arrears and commuted/uncommuted pension)
- Contribution to Provident Fund exceeding exempt limits
- Perquisites like rent-free accommodation, car facility, etc.
Even non-cash benefits (perks) are taxed as salary income based on their prescribed valuation under the Income Tax Rules.
My employer reimburses grocery, school fees, or travel. Will that be taxed as salary?
Yes, reimbursements by your employer towards grocery, children’s education, or personal travel are considered taxable perquisites unless they fall under an exempt category or have a statutory exemption limit.
For example:
- Children’s education reimbursement is exempt up to ₹100/month per child for a maximum of two children.
- Grocery or general expenses are considered personal and are fully taxable.
Each component of reimbursement must be examined to see if it qualifies for a specific exemption under Section 10 or is covered under the perquisite valuation rules.
What is the tax treatment of ex-gratia received from employer?
Ex-gratia payments (voluntary payments made by an employer without legal obligation) are generally fully taxable under “Income from Salaries” as they are deemed part of salary income.
However, there are specific exemptions:
- Ex-gratia on death during service may be exempt if received by legal heirs.
- Retirement-related ex-gratia may qualify for relief under Section 89(1) if paid in arrears or lump sum.
If the ex-gratia relates to voluntary retirement, it may be eligible for exemption up to ₹5 lakhs under Section 10(10C), subject to conditions.
Is pension income taxed like salary income?
Yes, uncommuted pension (received periodically like monthly pension) is taxed as salary income under the Income Tax Act. It is treated the same way as salary and taxed at the applicable slab rate.
- Commuted pension (received as a lump sum) is partially or fully exempt:
- Fully exempt for government employees
- Partially exempt (1/3rd or 1/2 depending on gratuity) for others under Section 10(10A)
If you receive both types of pensions, each must be reported correctly in the ITR under its appropriate category.
I switched jobs mid-year and received salary arrears from my previous employer. Will I be taxed twice for this amount?
No, you won’t be taxed twice, but you must report salary arrears correctly to avoid higher tax outflow. Arrears are taxable in the year of receipt, even if they pertain to a previous financial year. However, you can claim relief under Section 89(1) if this results in a higher tax slab due to bunching of income. To claim this, you must file Form 10E before filing your return. Many taxpayers miss filing Form 10E and end up losing the benefit of relief. Ensure your Form 16 from the current employer reflects this income if it was processed through them.
My employer reimburses me for fuel, mobile bills, and internet expenses. Are these taxable under salary income?
Reimbursements are taxable unless they are specifically exempt under the Income Tax Act. Fuel reimbursements, if backed by proper logbooks and used for official purposes, may be exempt. Mobile and internet bills reimbursed for work-from-home or official use may also be tax-free if they’re supported by employer policies and submitted with bills. However, if there is no distinction made between personal and official usage, the entire amount is added to your taxable income under the perquisites category.
I received a joining bonus and later left the company before completing the required tenure. Will I still be taxed on it?
Yes, the joining bonus is fully taxable in the year of receipt. If the company recovers the amount later when you resign, there is no direct mechanism under current tax laws to adjust this repayment in your future returns. However, you may claim it as a loss or expense under Section 37(1) (in limited cases) if proven as a contractual obligation, but this claim can be challenged. Practically, most employees end up bearing the tax unless their employer revises the Form 16.
I worked abroad for 3 months on assignment and received part of my salary in foreign currency. Is it taxable in India?
Yes, it depends on your residential status for that financial year. If you qualify as a resident, your global income is taxable in India and the foreign salary must be declared in your ITR. However, if TDS or tax was paid in the foreign country, you can claim relief under Section 90 or 91 using the Double Taxation Avoidance Agreement (DTAA). You will need Form 67, salary slips, and the foreign tax paid certificate to claim this benefit.
My employer paid me for unused leaves at the time of resignation. Will this be taxed under salary income?
Yes, leave encashment received at the time of resignation or termination is fully taxable if you are a private sector employee and not retiring. Only retirement-related leave encashment qualifies for exemption under Section 10(10AA), and even then, subject to a maximum of ₹25 lakh. For non-retirement cases, the entire amount is taxed as part of your salary income, and TDS is deducted accordingly.
I received a performance bonus this year for last year’s work. Can I spread the tax impact across years?
Unfortunately, bonuses are fully taxable in the year of receipt, even if they relate to performance in a prior year. However, if the bonus pushes you into a higher tax bracket, you may be eligible for relief under Section 89(1). This allows you to recalculate tax as if the income were spread across relevant years. You must file Form 10E with your return to claim this relief. Without it, the ITR system will automatically reject the relief claim.
My employer provides me with a rent-free furnished accommodation. How is this taxed?
Rent-free accommodation is a taxable perquisite. Its value depends on:
- Whether your employer owns or leases the property
- Whether the accommodation is furnished or unfurnished
- Your salary (basic + DA + bonus + commission)
As per Rule 3 of the Income Tax Rules:
- If owned: 15% of salary (in metro) or 10% (non-metro)
- If leased: Lower of actual rent paid or 15% of salary
Add 10% of furniture cost to perquisite value for furnished houses. The calculated value is added to your salary and taxed accordingly.
I opted for the new tax regime. Can I still claim HRA and 80C deductions?
No. Under the new tax regime (Section 115BAC), you cannot claim common exemptions and deductions like:
- HRA (House Rent Allowance)
- Leave Travel Allowance
- Section 80C (LIC, ELSS, PF, etc.)
- Section 80D (medical insurance)
The new regime offers lower slab rates but disallows 70+ exemptions/deductions. If you wish to claim these, you must opt for the old regime while filing your return (if not opted via your employer earlier).
I changed jobs but PF was not transferred. Will it affect my tax filing?
Yes, if your PF account was not transferred and a new one was opened, it may be treated as two separate accounts. Withdrawals from each may attract tax on employer contribution and interest if:
- The continuous service is less than 5 years
- You withdraw before completing 5 years without transferring the PF
Ensure that you initiate PF transfer via UAN portal to maintain continuity. This helps retain the tax-free status and avoids TDS on future withdrawals. There is no tax implication on transfer from one PF account to another.
My employer contributed over ₹7.5 lakhs to my EPF, NPS, and superannuation combined. Will it be taxed?
Yes. As per Finance Act 2020 changes (effective from FY 2020–21), if your employer’s total contribution to:
- EPF
- NPS (Section 80CCD(2))
- Approved Superannuation Fund exceeds ₹7.5 lakhs in a financial year, the excess is taxable as a perquisite under Section 17(2)(vii). Moreover, any annual accretion (interest or dividend) on this excess contribution is also taxable each year.
You must check your Form 16 Part B and perquisite details to confirm if this limit is crossed.
TDS Related FAQs
What is TDS and when is it applicable to individuals?
Tax Deducted at Source (TDS) is a mechanism where tax is deducted at the point of income generation. For individuals, TDS applies to salary, interest income, rent, commission, professional fees, property sale, and more.
If you’re receiving income beyond a threshold limit (e.g., ₹50,000 monthly pension or ₹40,000 annual bank interest for non-seniors), the payer is obligated to deduct TDS at applicable rates before making the payment. This amount is credited against your final tax liability when you file your ITR.
I sold a property in India. How is TDS applied?
When you sell immovable property (other than agricultural land) for ₹50 lakh or more, the buyer must deduct 1% TDS under Section 194-IA at the time of payment.
For non-resident sellers, the TDS is 20% or higher under Section 195, depending on the nature of capital gains and surcharge applicable. In both cases, the buyer must file Form 26QB (for resident sellers) or obtain a TAN and file Form 27Q (for NRIs), and issue a Form 16B/16A to the seller.
What should I do if TDS deducted is not visible in Form 26AS?
If the TDS deducted from your income does not reflect in Form 26AS, it usually means:
- The deductor hasn’t deposited the TDS yet
- TDS was deposited with an incorrect PAN
- The TDS return wasn’t filed or had errors
You should:
- Immediately contact the deductor (employer, bank, tenant etc.)
- Request a revised TDS return submission
- Ensure your PAN was correctly quoted
TDS credit is allowed only if it reflects in Form 26AS or AIS. Filing ITR without matching records may delay refunds or lead to mismatch notices.
Can I claim TDS refund if tax deducted exceeds my actual tax liability?
Yes. If excess TDS has been deducted, you can claim a refund by filing your Income Tax Return. The system automatically calculates your final tax liability and initiates the refund after return processing.
To avoid this in future:
- Submit Form 15G/15H if eligible (for interest income)
- Keep your tax planning and deductions updated with your employer or bank
Ensure accurate reporting in ITR and complete e-verification to initiate faster refunds.
I received TDS certificate (Form 16A) but my ITR shows lower credit. What could be wrong?
If Form 16A shows higher TDS than what’s being picked in your ITR:
- Cross-check the PAN in the certificate
- Ensure the deductor filed the correct TDS return
- Check Form 26AS and AIS for actual credit
You can claim the TDS only if it appears in your 26AS. If mismatch persists, reach out to the deductor to revise their return. For NRIs, ensure proper remittance filing under FEMA if foreign income is involved.
Is Form 16 valid without the employer’s digital signature?
No. As per CBDT guidelines, Form 16 Part A downloaded from the TRACES portal must be digitally signed by the employer. A manually signed Part B (salary breakup) is acceptable, but Part A is not valid unless authenticated. If your Form 16 lacks a signature or digital signature, request your employer to issue a corrected version with proper authentication.
Can a Form 16 be issued without any TDS deduction?
No. Form 16 is a certificate of tax deducted at source (TDS) on salary. If there is no TDS deducted during the financial year, the employer is not required to issue Form 16. However, they may issue a salary certificate showing gross income and deductions, which you can use to file your return.
What happens if I receive pension income? Will I get a Form 16?
Yes, pension is considered as taxable under the head salaries. fr. You should receive a Form 16 from the former employer paying pension.
I joined a new company this year. What if I don’t get Form 16 from the previous employer?
You should still report income earned from both employers in your ITR. If your previous employer did not issue Form 16, use payslips,, and Form 26AS to estimate your total salary and TDS. Not reporting all salary income can lead to mismatch notices and penalties.
Can I claim deductions not reflected in Form 16?
Yes. You can claim eligible deductions (like Section 80C, 80D, HRA, etc.) even if they are not shown in your Form 16, provided you have valid proof. Many employers do not include all declarations if proofs are not submitted on time. At the time of filing, you can revise these claims yourself and adjust the final tax liability accordingly.
Property Related FAQs
How do I calculate taxable income if my property is rented for part of the year and self‑occupied for the rest?
When a single house is self‑occupied for part of the year and rented out for the rest, you need to compute income separately for each period:
- Self‑occupied: Annual Value = ₹0.
Deductions under Section 24:- Standard deduction = 30% of notional rent (zero here)
- Interest on home loan (if any) is fully deductible up to ₹2 lakhs per financial year.
- Let‑out period:
- Gross Annual Value = actual rent received
- Less: Municipal taxes paid
- Less: 30% standard deduction and interest on home loan (full amount if it applies to rental period)
Combine net incomes from both periods and report the total under “Income from House Property” in your ITR.
How is income taxed if I sell a jointly owned house property with rental income history?
Tax on capital gain applies on sale, separate from annual rental income. Here’s how it works:
- Declare rental income (and deductibles) during ownership.
- Upon sale:
- Compute capital gain using indexed purchase and sale values (LTCG vs STCG).
- Report gain under Schedule CG.
- If reinvestment conditions are met (like buying another house), claim exemption under Section 54 or 54F in the same ITR year.
Remember:
- Proportionate ownership matters income and gains are split based on shareholding.
- Maintain all purchase-sale and loan documentation for accuracy.
What if I’ve taken a home loan for under-construction property—when can I claim interest deduction?
For under-construction loans:
- Section 24 allows interest deduction only after construction completes.
- Pre-construction interest (from loan disbursement to possession) can be claimed in 5 equal installments, starting in the year of possession of the property .
- Distribute interest statements correctly (self-occupied or rental) from the possession year onwards.
- Keep builder’s occupancy certificate/possession date handy for records.
I own two houses one is vacant and the other is self-occupied. Do I need to pay tax on the vacant one?
Under the current tax rules, an individual can treat up to two houses as self-occupied, even if one or both are lying vacant.
- For both self-occupied houses: Annual Value = ₹0
- You are not liable to pay tax on the notional rent of the second property, provided you don’t declare more than two as self-occupied.
However:
- If you own more than two houses, the rest will be treated as deemed to be let out, and notional rent will be taxable under house property income.
I have given a commercial shop on rent. Is the rental income taxable under “Income from House Property”?
Yes, rent received from letting out a commercial property (shop, office, showroom) is taxable under “Income from House Property” if:
- Only the bare structure is rented (no service included)
- No bundled services like security, power backup, furniture, etc. are offered
But if you provide facilities or operate it as a business, income may fall under “Profits and Gains from Business or Profession” or “Other Sources” depending on the arrangement.
How do I compute income from a jointly-owned house property rented to tenants?
In case of joint ownership, the rental income is split based on ownership ratio, unless otherwise agreed.
Here’s how to compute:
- Gross Annual Rent received
- Less: Municipal taxes (if paid by the owner)
- Less: 30% standard deduction (under Section 24)
- Less: Interest on borrowed capital (home loan)
Each co-owner claims their share in ITR. Ensure both PANs are updated in the rental agreement and deposit rent proportionally.
I let out a house in a different city than my residence. Can I still claim home loan interest deduction?
Yes. If you’ve taken a home loan on a let-out property, interest deduction is allowed without a limit under Section 24(b).
Ensure you:
- Show the full rent received
- Deduct municipal taxes (if any)
- Claim 30% deduction on net rent
- Deduct full interest on borrowed capital (no ₹2L cap, which applies to self-occupied)
The resulting figure can be negative (loss from house property) and can be adjusted against other income heads like salary or business income, subject to ₹2L cap for set-off.
My property is vacant due to renovation. Do I still have to pay tax on notional rent?
Yes, unless it is declared as self-occupied, the property will be considered deemed let-out even if it is lying vacant due to renovation, lock-in, or tenant search.
- You are liable to pay tax on expected rent (based on similar properties in the area)
- Renovation is not a valid exemption from tax unless:
- The house is under major structural work making it uninhabitable
- You submit a declaration of temporary unavailability along with evidence
Tip: Keep proof of construction work, contractor bills, and photos if you intend to justify vacancy in case of scrutiny.
I co-own a property with my spouse, but the rental income is received entirely in my account. Who should declare the income?
If both names are on the property documents, rental income should be split in the ownership ratio (usually 50:50 unless proven otherwise), regardless of who receives the payment.
However, if:
- One spouse has funded the entire purchase and the other is a co-owner only for convenience, the entire rental income may be taxed in the name of the person who paid.
Important:
Clubbing provisions under Section 64(1) may apply if the property was transferred without adequate consideration between spouses. Keep bank and registry documents ready for validation in case of scrutiny.
How do I report pre-construction interest on a home loan?
Interest paid before the completion of construction can be claimed in five equal installments starting from the year in which the construction is completed.
Example:
If you paid ₹2,00,000 in interest during construction (pre-EMI), you can claim ₹40,000 each year for 5 years, in addition to regular annual interest.
Allowed under Section 24(b), capped at:
- ₹2,00,000 per year for self-occupied properties (including pre-construction interest)
No cap for let-out properties
What if I own one property in my hometown and rent another in my work city? Can I claim both HRA and home loan interest?
Yes, both can be claimed simultaneously if the conditions are met.
You can:
- Claim HRA exemption under Section 10(13A) for rent paid in the city of employment
- Claim deduction on home loan interest under Section 24(b) for the property in your hometown
Ensure:
- Rent receipts or lease agreement is available for your rented house
- You are actually incurring rent expense
- Loan interest proof (with pre/post-construction split) is available
I have not received rent from the tenant for several months. Do I still pay tax on it?
Yes, unless the tenant has legally defaulted and you have initiated eviction or recovery action, the rental income is considered receivable and will be taxed on accrual basis.
However, you can:
- Claim deduction for unrealized rent under Rule 4 of the Income Tax Rules
- Must prove that efforts were made to recover the rent
- Show supporting documents such as:
- Eviction notice
- Police complaint (if any)
- Legal notices or court filings
If rent becomes irrecoverable and is written off in the books, it can be deducted from income under “Unrealized Rent.”
NRI Related FAQs
Which incomes are deemed to be received in India?
Under Section 7 of the Income Tax Act, the following incomes are deemed to be received in India even if they are not physically received within the country:
- Employer contributions to recognized provident funds exceeding prescribed limits (12% for EPF, 7.5% annual interest)
- Contributions by the Government to pension schemes under Section 80CCD
- Accrued interest transferred from an unrecognized provident fund to a recognized provident fund
These amounts are treated as taxable in India in the year they are credited or made available, regardless of the location of the recipient at the time.
What incomes are deemed to have accrued or arisen in India?
Section 9 of the Income Tax Act outlines incomes that are considered to accrue or arise in India, even if they are earned outside:
- Income from any business connection in India
- Salary for services rendered in India
- Salary paid by the Government to Indian citizens for services outside India
- Income from assets or property situated in India
- Capital gains from transfer of capital assets located in India
- Interest, royalty, and fees for technical services if the payer is a resident or if the services are utilized in India
These provisions ensure that India can tax certain cross-border incomes where there’s a nexus to Indian territory or economic activity.
What is the objective of FEMA?
The Foreign Exchange Management Act (FEMA), 1999 governs all foreign exchange transactions in India. Its primary objectives include:
- Facilitating external trade and payments
- Promoting the orderly development and maintenance of the foreign exchange market in India
- Regulating capital account transactions by non-residents, NRIs, and foreign nationals
- Monitoring foreign investments, real estate purchases, and remittances
FEMA is administered by the RBI and applies to both inbound and outbound investments, with specific compliance rules for NRIs and PIOs regarding bank accounts, income repatriation, and asset ownership.
When is a business connection said to be established in India
As per Explanation 2 to Section 9(1)(i) of the Income Tax Act, a business connection is established in India if a non-resident:
- Has an agent or representative who habitually secures orders in India
- Maintains a place of business or warehouse in India
- Has a dependent agent undertaking contracts wholly or mainly for the non-resident
- Carries out business activities through a liaison, branch, or project office
With the advent of the Significant Economic Presence (SEP) rules, even digital presence or user engagement by a non-resident company (like e-commerce or streaming platforms) can establish a business connection in India, thus attracting Indian taxation.
Can a non-resident open a foreign currency account in India?
Yes, under FEMA, non-residents can open Non-Resident External (NRE) or Foreign Currency Non-Resident (FCNR) accounts in India with authorized banks.
- NRE Account: Indian rupee account, freely repatriable, for income earned abroad
- FCNR Account: Term deposit in foreign currency (USD, GBP, EUR, etc.), protects against forex fluctuations
- Eligibility: NRIs, PIOs, or persons of Indian origin with valid overseas status
These accounts allow non-residents to invest in India, repatriate funds without restriction (subject to tax compliance), and receive income such as rent or dividends without facing immediate tax deductions.
Can foreign nationals resident in India open resident accounts?
Yes, foreign nationals who become residents under the FEMA residency test (i.e., stay in India for more than 182 days during the preceding financial year) are permitted to open resident savings accounts in India.
However, this is subject to:
- Valid visa and immigration status
- Compliance with RBI’s Know Your Customer (KYC) guidelines
- Conversion of existing NRE/NRO accounts into resident accounts upon change in status
Important: A person ceasing to be a non-resident must inform their bank and re-designate accounts accordingly to avoid regulatory breaches under FEMA and attract proper taxation under the Income Tax Act.
What is the extent and application of the Foreign Exchange Management Act (FEMA) 1999?
FEMA applies to:
- All Indian residents and citizens involved in foreign exchange dealings
- All transactions involving foreign securities, remittances, and overseas assets
- Non-residents investing in Indian assets or receiving income from India
- Any transaction involving cross-border movement of capital or services
FEMA is a civil law, unlike its predecessor FERA, and non-compliance can result in monetary penalties up to three times the amount involved. It allows liberalized foreign inflow and outflow under RBI-managed rules, such as the Liberalised Remittance Scheme (LRS) and Foreign Investment routes.
What are Capital Account Transactions under FEMA?
Capital Account Transactions refer to those that alter the assets or liabilities (including contingent liabilities) outside India of persons resident in India or in India of persons resident outside India.
Examples include:
- Investment in foreign securities
- Acquisition or transfer of immovable property outside India
- Borrowing or lending in foreign currency
- Transfer of shares from residents to non-residents and vice versa
- Setting up a foreign entity by an Indian resident
These transactions are regulated by RBI and typically require prior or general approval depending on the nature and amount involved.
Can income earned outside India be taxed in India for a non-resident?
As per Indian tax laws, a non-resident is taxed only on income that is received or accrued in India. Income earned and received outside India is not taxable for a non-resident.
However, income earned from Indian sources but received outside India, such as rent from property in India, interest from Indian bank accounts, or capital gains from sale of Indian securities, is fully taxable in India.
The Double Taxation Avoidance Agreement (DTAA) can be used by NRIs to avoid being taxed twice (in India and in their country of residence), by claiming tax credits or reduced rates, subject to proper documentation like TRC (Tax Residency Certificate).
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