Let-out Property Meaning

Learn the concept of let-out property, and its income tax implications.
Home Loan
2 min read
02 Aug 2023

Letting out a property is an option many consider when it comes to real estate investments. Letting out property in simple terms is renting or leasing a property to a tenant in exchange for rental income. This approach allows property owners to generate a steady cash flow while retaining ownership of the asset. It can be particularly attractive for those looking to diversify their investment portfolio or for NRIs seeking a source of income from their property in India. Additionally, renting out a property can lead to potential long-term capital appreciation as real estate values typically increase over time.

What is let-out property meaning?

Let-out property refers to a property that is rented or leased to tenants in exchange for rental income. It can include residential, commercial, or industrial spaces provided by the owner to another party under a formal rental agreement.

This arrangement benefits both parties—the property owner earns passive income, while tenants gain access to a space without the need for ownership. Let-out properties are subject to specific tax rules, such as deductions for maintenance costs, municipal taxes, and depreciation, making it an attractive investment option for many.

Types of let-out property

Let-out properties refer to properties rented out to tenants for residential, commercial, or other uses. These properties generate rental income and serve as an investment. The types include:

  1. Residential properties: Houses, apartments, or villas rented for living purposes.
  2. Commercial properties: Offices, shops, or warehouses rented for business activities.
  3. Vacation rentals: Short-term accommodations like holiday homes rented to travellers.
  4. Industrial properties: Factories or manufacturing units leased for production activities.
  5. Co-working spaces: Shared office spaces rented to professionals or businesses.
  6. Mixed-use properties: Buildings combining residential and commercial use, like a shop with living quarters above.

What are the benefits of let-out property?

Benefit

Description

Steady rental income

Provides a consistent cash flow, helping supplement earnings or cover mortgage payments.

Property appreciation

Potential for the property's value to increase over time, leading to capital gains upon sale.

Ownership retention

Allows owners to keep their asset while generating income, beneficial if property value is expected to rise.

Tax benefits

Possible deductions on mortgage interest, property management fees, and depreciation.

Financial flexibility

Using a home loan EMI calculator helps manage monthly payments and understand financial impacts.

Investment security

Generates income even if the property is not sold, providing financial stability and security.

 

Income tax implications on let-out property

As a property owner, you have to include the rental income in your total income for the relevant financial year. This rental income is subject to taxation as per the applicable income tax slab rates. You can also claim deductions on expenses incurred for maintaining the property, such as property taxes, maintenance costs, and interest on home loans, under Section 24(b) of the Income Tax Act. It is essential to maintain proper documentation and receipts for these expenses to claim the deductions correctly.

What is deemed let-out property?

Deemed let-out property is where you own more than one residential property, but only one property is let out to tenants. According to the Income Tax Act, if you own more than one residential property and none of them are self-occupied used for residence), then only one property can be treated as self-occupied. The other properties are deemed to be let-out.

Under this provision, the law assumes that the owner is earning rental income from the properties they do not self-occupy. The notional rental income is calculated based on certain factors, such as the property's market value and the prevailing rental rates in the area. The owner is required to pay income tax on this notional rental income, even if they are not earning any actual rental income from those properties.

Deemed let-out property provisions aim to prevent individuals from avoiding taxes by claiming multiple properties as self-occupied and they earn rent from them.

What is self-occupied house property?

A self-occupied house property refers to a residential property that the owner personally resides in. Unlike rental properties, where the owner earns income by leasing out the space, a self-occupied property is used exclusively by the owner or their family. This type of property can be exempt from certain income tax liabilities, such as tax on rental income, because it is not generating income. However, there are specific tax rules and exemptions applicable to self-occupied properties, including deductions on home loan interest under Section 24(b) of the Income Tax Act and principal repayment benefits under Section 80C.

Difference between let-out vs. deemed let-out vs. self-occupied house property

Feature

Let-out property

Deemed let-out property

Self-occupied property

Definition

Property rented out to tenants for rental income.

Property that is not rented but is deemed to be let out for tax purposes.

Property occupied by the owner or family.

Income tax

Rental income is taxable under "Income from house property."

Deemed rental income is taxable even if not rented out.

No rental income tax; eligible for tax benefits.

Tax benefits

Rental income is taxed, but deductions for municipal taxes and home loan interest can be claimed.

Standard deduction and interest on home loan can be claimed.

Deductions on home loan interest and principal repayment can be claimed.

Rental income

Actual rental income received.

Hypothetical rental income calculated for tax purposes.

No rental income as the property is self-occupied.

Property use

Rented out to tenants.

Not rented but considered for tax purposes as if it were let out.

Used personally by the owner.

Maintenance costs

Costs can be claimed as deductions under income tax.

Maintenance costs are not claimed as deductions.

Maintenance costs are borne by the owner.

Tax deduction on home loan

Interest on home loan is deductible; principal repayment may be considered.

Interest on home loan is deductible; principal repayment may be considered.

Both interest and principal repayment are deductibl

 

Steps to calculate income from house property online

To calculate income from house property online, follow these steps:

  1. Gather information: Collect details such as the annual rental income, municipal taxes paid, and interest on home loans.
  2. Determine gross annual income: Enter the total rental income received from the property.
  3. Subtract municipal taxes: Deduct the municipal taxes paid on the property.
  4. Calculate net annual income: Subtract municipal taxes from gross annual income.
  5. Deduct home loan interest: Subtract the interest on home loans (if applicable).
  6. Apply standard deduction: Deduct 30% of the net annual income as a standard deduction.
  7. Complete the calculation: The remaining amount is the taxable income from house property.

Use online tax calculators or government portals to simplify this process.

Is it worth letting property out?

The decision to let out a property depends on various factors, including your financial goals, the potential rent, and the current real estate market conditions. Letting out a property can be a wise investment if the rental income helps cover mortgage payments or generates a positive cash flow. However, do consider the responsibilities of being a landlord, such as property maintenance and handling tenant-related issues.

Let-out property offers a viable avenue for generating rental income and building a diversified investment portfolio. It is crucial to seek advice from a tax professional to ensure compliance with tax laws and maximise your returns.

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Frequently asked questions

How to calculate rental income from the let-out property?

The method of calculating the rental income from let-out property involves deducting permissible expenses from the total rent received during the financial year. These expenses may include property taxes, maintenance costs, and home loan interest.

What is the limit on the amount you can claim for expenses related to let-out property?

There is no limit on the amount you can claim for expenses related to let-out property. However, the deductions are subject to the actual expenses incurred and supported by proper documentation.

What is the difference between self-occupied and let-out property?

Self-occupied property is a residential property that you own and use for your own residence. Let-out property is a property that you own but rent out to tenants for their residence.

How can you avoid tax on let-out property?

To minimise tax liability, you can claim deductions on expenses incurred to maintain the property. You can also utilise available tax-saving provisions, such as deductions under Section 24(b) and exemptions under Section 54 if you reinvest the rental income in another property.

Do you need to declare your rental income?

Yes, as a taxpayer, you are required to declare your rental income in your Income Tax Return. Failing to disclose rental income can attract penalties and legal consequences.

What is let out property in income tax?

A "let-out property" in income tax refers to a property that is owned by an individual and is rented out to others, generating rental income. This rental income is subject to taxation and is categorized under "Income from House Property." It's crucial to accurately report this income and understand the applicable tax regulations and deductions. Consulting with a tax professional or referring to local tax laws is advisable to ensure compliance.

What is Section 24 for let out property?

Section 24 of the Income Tax Act in India provides for deductions on the interest paid on housing loans for a let-out property. These deductions are available for individuals who own a property that is rented out to tenants, generating rental income. This section allows you to offset a portion of the interest paid on the housing loan against the rental income when calculating your taxable income.

Is rental property a good investment in India?

Yes, rental property can be a good investment in India due to potential rental income and property value appreciation. It offers steady cash flow and long-term capital gains, though considerations like location, tenant stability, and market conditions are crucial for maximising returns.

Can we show two properties as self-occupied?

No, according to Indian tax laws, you can only claim one property as self-occupied for tax purposes. Any additional properties are deemed let-out or deemed to be let-out, even if they are not rented.

What are the types of house property?

The types of house property include:

  1. Self-occupied property: Property used by the owner for personal residence.
  2. Let-out property: Property rented out to tenants.
  3. Deemed let-out property: Property not rented out but treated as such for tax purposes if multiple properties are owned.
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