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ITR for Rental Income

by TeamFinodha | May 2, 2024 | Income Tax | 0 comments

Important Keyword: Income from House Property, Income Tax, ITR for Rental Income.

ITR for Rental Income

House property income pertains to the earnings derived by an individual from a property owned and leased out for residential or commercial use. Whether you possess a house or generate rental income, it must be disclosed as Income from House Property in your Income Tax Return (ITR). The taxpayer is responsible for computing the income and paying taxes on rental income based on applicable slab rates.

Under the head 'Income from House Property', taxpayers should report the following types of income:

  1. Rent Income from House Property: Any income earned from renting out a house property, whether residential or commercial, should be reported. This includes the rent received from tenants.
  2. Vacant House Property: If a house property is vacant and not rented out, the potential rental income or deemed rental value should be reported as income under this category.
  3. Housing Loan on a Property: If a taxpayer has taken a housing loan for the acquisition, construction, repair, or renovation of a property, the interest paid on the loan is eligible for deduction under this head of income.
  4. Jointly Owned House Property: If the property is jointly owned by multiple individuals, each co-owner must report their share of the rental income or deemed rental value under this head of income.

How is Rental Income Taxed?

💡 Income is calculated as:

Net Annual Value (NAV) = Gross Annual Value (GAV) – Municipal Taxes Paid

Income from House Property = NAV – Standard Deduction (30%) – Interest on Home Loan

Let’s break this down.

Components of Rental Income Calculation

ComponentDescription
Gross Annual Value (GAV)Higher of expected rent (municipal value / fair rent) or actual rent received/receivable
Less: Municipal TaxesTaxes paid to local authority by the owner during the year
Net Annual Value (NAV)GAV – Municipal taxes
Less: Standard DeductionFlat 30% of NAV (for repairs, maintenance etc.)
Less: Interest on Borrowed CapitalInterest paid on housing loan (subject to limits below)

Example: Rental Income Calculation

  • Annual Rent Received: ₹3,00,000
  • Municipal Taxes Paid: ₹20,000
  • Home Loan Interest: ₹1,50,000

Step 1: GAV = ₹3,00,000
Step 2: NAV = ₹3,00,000 – ₹20,000 = ₹2,80,000
Step 3: Deduction (30%) = ₹84,000
Step 4: Interest Deduction = ₹1,50,000

➡️ Taxable Income = ₹2,80,000 – ₹84,000 – ₹1,50,000 = ₹46,000

Interest on Home Loan: Deduction Limits

Property TypeMaximum Deduction
Self-Occupied Property₹2,00,000 per year (u/s 24(b))
Let-Out PropertyFull interest allowed (no limit) — But set-off of loss capped at ₹2,00,000/year against other income. Rest is carried forward.

Latest Updates: Income Tax Bill 2025 (Applicable AY 2025-26)

  1. Standard Deduction Clarified:
    Now clearly allowed on Net Annual Value (after municipal taxes). Earlier ambiguity about whether deduction is on GAV or NAV has been removed.
  2. Interest on Home Loan (Pre-construction interest):
    • Deduction is available equally over 5 years (20% each year), even for let-out properties.
    • Earlier confusion about this being available only for self-occupied is clarified.
  3. Vacancy Relief Enhanced (Clause 21 Amendment):
    • If property is vacant for part or full year despite reasonable efforts to let it out, notional rent will not be taxed.
    • Helps reduce tax burden on genuinely vacant second homes.

Which ITR Form to File for Rental Income?

ITR FormUse Case
ITR-1 (Sahaj)For salaried individuals with one house property (self-occupied or let out) and income up to ₹50 lakh
ITR-2If you have more than one house property, capital gains, or foreign assets
ITR-3If you earn rental income as business income (e.g., through real estate leasing business or partnership)
ITR-4 (Sugam)For presumptive income (not typically applicable for rental income unless income is from business of renting under presumptive scheme)

⚠️ You cannot file ITR-1 if:

  • You have more than one house property
  • Rental income exceeds ₹50 lakh
  • You have losses to carry forward
  • You own foreign assets or are a director in a company

Is Rental Income Considered Business Income?

Only if:

  • You’re in the business of leasing properties (e.g., builder leasing multiple commercial shops)
  • You’re running a paying guest (PG) or lodging business
  • You provide amenities like housekeeping, Wi-Fi, meals (i.e., services in addition to rent)

Otherwise, rent is always taxed under Income from House Property.

Regarding TDS on rental income:

  • Under Section 194I, TDS on rent of land or building is deducted at 10% if the rent amount exceeds INR 2,40,000 per annum.
  • Under Section 194IB, TDS on rent of land or building is deducted at 5% by individuals or HUFs not liable to tax audit, if the rent amount exceeds INR 50,000 per month or part of the month.

Landlords receive Form 16A from tenants once they file the TDS Return every quarter. Landlords can view TDS Credits in Form 26AS on the income tax website and claim the TDS credit in the Income Tax Return.

🛑 Common Mistakes to Avoid

❌ Not declaring second property (even if vacant — notional rent applies)

❌ Not deducting municipal taxes actually paid during the year

❌ Using ITR-1 when ineligible

❌ Claiming full interest deduction for self-occupied property beyond ₹2 lakh

❌ Ignoring pre-construction interest (can be deducted over 5 years)

House Property Loss

House Property Loss incurred in a financial year can be set off against any other income in the same year. If there's any remaining loss after set-off, it can be carried forward for up to 8 years. However, the carried forward loss can only be set off against house property income in future years.

According to the Income Tax Act, a taxpayer who files a Belated Income Tax Return under Section 139(4) cannot generally carry forward losses to future years. However, an exception is made for house property losses. Even if a taxpayer files a Belated Return, they can still carry forward house property losses to future years for set-off against house property income.

Frequently Asked Questions

Q: Do I need to report rental income even if the property was vacant part of the year?

Answer: Yes. You must report it under ‘Income from House Property’. If it was genuinely vacant despite efforts to rent, notional rent may not apply, thanks to the updated 2025 clause on vacancy relief.


Q: Which ITR form should I use if I have rental income?

Answer: Use:

  • ITR-1 for one house property and income < ₹50 lakh
  • ITR-2 for multiple properties or higher income
  • ITR-3 if rental income is business-related
  • ITR-4 is not recommended unless under a presumptive rental business

Q: How do I calculate the taxable income from my rented house?

Answer: Taxable Income = (Annual Rent – Municipal Taxes) – 30% Standard Deduction – Interest on Home Loan
This gives the Net Income from House Property to report in your ITR.


Q: Can I claim the full interest on home loan as deduction?

Answer: Self-occupied property: Max ₹2,00,000

Let-out property: Full interest allowed, but only ₹2,00,000 can be set off yearly. Extra can be carried forward for 8 years.


Q: I filed a belated return. Can I still carry forward my house property loss?

Answer: Yes. House property loss is an exception — even if you file late under Section 139(4), you can still carry forward the loss for up to 8 years.


Q: Is TDS applicable if I receive rent from tenants?

Answer:

  • Yes, if rent exceeds ₹2.4 lakh/year (TDS at 10%)
  • If rent exceeds ₹50,000/month from an individual/HUF, TDS at 5% under Section 194IB
  • Tenants must issue Form 16A and report TDS in Form 26AS

Q: I co-own a rental property. How do we file returns?

Answer: Each co-owner must report their share of income from the property in their own ITR. Deductions like interest and municipal taxes should also be claimed proportionately.


Q: Can I claim tax benefit on a loan for property renovation or repair?

Answer: Yes. Interest on a loan for renovation/repair is deductible under Section 24, but only after completion of the work. No deduction is allowed during construction/renovation phase.

Read More: Property Tax - Definition, Types and Calculations

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Official Income Tax Return filing website: https://incometaxindia.gov.in/