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Tax Talk: House Property income–the Indian context

Category : Money & Finance, News and society, Real Estate Investment, taxation

Before actually launching into an explantion of House Property income and its calculation let me make the legal disclaimer.

All statements made in this blog post are personal views and readers are requested to treat them as such. For advice on your tax returns please contact a qualified chartered accountant.

Let us begin by stating the seemingly obvious:

Calculation of tax on Income from House Property is governed by the provisions of the Income tax act 1961 as modified by the latest Finance Act relevant to the financial year.

Well, that is a mouthful. But is it really obvious?  I am not sure it is obvious! There are several terms that are obscure! I have highlighted them below:

Calculation of tax on Income from House Property is governed by the provisions of the Income tax act 1961 as modified by the latest Finance Act relevant to the financial year.

Tax: The amount of tax payable on this type of income is defined in the Finance act relevant to the financial year.

Income: Income or notional income from house property referred to here is the net income and not the gross income.

Finance act: This is the act that is passed every year in the parliament modifying the Income tax act 1961 to take into account the changing economic realities.

Financial year: the year beginning on 1st April of one year and ending on 31st march of the following year.

House Property: Any building or building with land appertuenent thereto that is owned by a taxable entity and from which he derives an income or notional income. Such a building can be self occupied property, let out property, deemed to be let out property or partly let out property.

Exception:Income from house property can become business income under certain circumstances. If an assessee uses a house property he owns for business or profession, then the income generated by this house comes under the income from business and not under the head income form house property. The case may be different if the Direct Tax code is passed in toto.

Did that bring clarity? No. There are several new terms that need elucidation!

Notional Income: Income that may be derived had the property been let out. Currently, this is generally taken to be ‘Nil’ if the property is self occupied.  It will have a value if the Direct tax code is implemented next year in toto.

Gross income: Total receipts by way of rent for use of property and amenities.

Net income: This is total receipts from house property minus any expenses that may be incurred by the owner by way of payment for repairs, taxes and other charges on the house property.

Building or building with land appertunent thereto: Land by itself is not defined as House property and there is no tax on income from land. However, if there is a building on the land and the building is let out or self occupied along with the land, then the total receipts from the property will be taxable under the head house property income as income from property.

Ownership: Income from house property is paid by the assessees’ who own house.

Ok, so we have the definitions and terms explained! What about an example of the calculation?  Stay tuned in. Our next blog post will do just that!

Tax talk: Property tax

Category : Money & Finance, News and society, Real Estate Investment, taxation

Property tax in most countries is an ad valorem tax or a tax on the value of property.  Property is often defined as immovable property such as land; improvements to land such buildings and other man made objects and movable property of a personal kind (Jewellery) for the purposes of this tax. Real estate, real property and realty are terms used to reference land and improvements to land.  The taxing authority performs an appraisal of monetary value of property and imposes a tax that is expressed as a percentage on the value of the property. It is imposed by the governmental authority in whose jurisdiction the property lies.  Property tax is distinct from tax on ”property income’ in so far as the latter refers to rentals derived from property and the former refers to tax on the intrinsic value of the property.

In Australia property tax is known as property or land rates. The frequency of payment is determined by local councils who use land valuers to determine land worth. The land value does not include value of any buildings that may be erected on the land or any other improvements that are made to the land. Quarterly payments of land rates are common across Australian councils.  Land owners are also expected to pay water rates in addition to land rates.

In Canada property tax is linked with land use. The current use of the property plus the value of the land will be considered for the purposes of taxation. The tax is levied by muncipal governments and the valuation criteria is laid down by provincial legislation.  Normally market value is adopted for valuation purposes in most provinces. However, there may reevaluation cycles for refixing the value over a period of time.

In Hong Kong property tax is not an ad valorem tax. It is a kind of income tax.  Property owners who receive rentals are said to have received a “consideration” and hence the property is subject to tax for the year of assessment. The net assessable value of the property is computed at 80% of its assessable value multiplied by the property tax at a standard rate less any bad debts and rates paid by owner.

In India property tax resembles the US wealth tax. The property tax is a tax on buildings along with appurtenant land. The power to tax vests with the State Government and is implemented by the local authorities within whose jurisdiction the property exists. The tax base is an annual rateable value or area based rating. Owner occupied properties are assessed differently from rented properties. Commercial properties have yet another rate. Vacant land is exempt from tax and government properties are not taxable.  A number of related taxes are also imposed such as water tax, service tax, drainage tax, conservancy tax, lighting tax using the same tax base.  The rate structure is rather flat in rural areas and mildly progressive in urban areas.  Personal property in India is taxed under the Wealth tax act and is a central government levy on personal property.

In UK there is currently no ad valorem tax on property as on date.

Property tax in the USA is levied by the local government at the municipal or county level.  Assessment consists of two components–the improvements to land and the land itself.  A few states also tax personal property.

The assessment of property for tax levy in the USA is done by a tax assessor.  The appraiser takes into consideration the selling price of similar properties in the area or the income derived from the property or replacement cost of the property to arrive at the value of the property.  Assessment may be at 100% of the value or at a lesser rate taking into consideration other relevant factors.  Tax is then collected as a percentage of the value.

Additionally some states may impose a non ad valorem tax on property that is known as special assessments. Street lighting and storm sewer control facilities may be taxed under a fixed rate from property owners regardless of the value of the property they own in the area.

Personal property tax in the USA is a tax on the value of movable property owned by the individual. These include vehicles owned, durable goods such as works of art, business inventory and intangible assets such as stocks and bonds.  This tax can be imposed theoretically by any level of the Government but is practically imposed by the States.

Levy of property tax is often regarded as a regressive step by taxation gurus. It is believed that incorrect implementation of property tax can lead to a huge burden on property owners who have accumulated property but yield from property is low.  Others argue that property tax is a progressive levy because most property round the world is owned by corporations and not individuals.  However, it is to be acknowledged that the progressive or regressive nature of the tax will be determined by the prevailing environment of property ownership within the country and the play of market forces within a given locality.

Asset allocation–be a wise investor

Category : Communication, Investments, Money & Finance, News and society, Real Estate Investment, Self help, Stock market

If you are an investor (most of us aspire to be), you need to learn how to invest. The problem with most of us is that we are investors part time and run shy of the learning when it comes to investing.  Yet, at the end of the day or rather at the end of your active life, it is your investment that will support you, keep you from stepping down the pace of living.  So, it is as important to learn how to invest, as it is to learn how to cross a busy road without damaging yourself.

Let us begin with a home question. What do you think is the most effective way to invest?

1. Timing the market

2. Staying with the investments long term

3. Asset allocation

4. None of the above

While timing the market and staying with investments long term are important, it is asset allocation that will ensure growth over a period of time. If you have said “Asset allocation”, that is the way to go!

Asset allocation is the process of dividing your investments into various asset classes.  While this term is generally used with reference to investments in the stock market, the term can be applied more broadly to cover the process of spreading your investments into different asset classes across the board–paper assets, immovable property, gold and so on. Within each class too, you must spread your assets into different asset categories.

For instance if you are investing in the stock market, your assets could be  invested in equity, debentures and bonds.  Equity investments in turn, should be spread over the several categories–real estate, pharma, oil, education, finance and so on… In other words, you keep drilling down till you have a portfolio that is diverse and the downside risk is reduced.  A fall in one industry will not wipe out your portfolio!

How does one determine the mix of assets? The decision is a very personal one and is determined by

a) the amount of money you are willing to invest;

b) what your financial goals are.

Risk averse investors may consider real estate or mutual funds a safe route.  Either investment type, offers convinient and cost effective ways of managing your assets with mimimum risk.  Further, if you look at the types of mutual funds available for investment you will find that there are a range of products and time horizons for you to choose from and create a diversified portfolio.  In real estate too, you can invest in land, house property or commercial property. You can invest long term or short term. You can choose the level of risk you want to have and so on. ..

Risk ready investors, can play the secondary market with short term or long term goals.

However, neither the amount of money you are willing to invest and your financial goals remain constant. They change over a period of time. It follows that asset allocation should also keep pace with your changing needs. So, you need to periodically review your portfolio and determine whether the asset allocation is just right for you at that point in time. You may have an addition to your family or you may be aging and your risk taking ability may have reduced for a variety of reasons.  You need to adjust your portfolio to synchronize with the changes in your life.

To conclude, you need to find the right balance for yourself.  You need to learn which investment suits you the best at a given point in time.

Investing in real estate: Get real, you will get the estate

Category : General, Money & Finance, News and society, Real Estate Investment, Self help

Most of us dream of building our dream home and living it up with the family. Most often the dream remains just that –a dream. Why?  The answer is simple. Dream homes are driven by dreams and reality is something very different. Investing in real estate, needs to be a “real” activity that is well planned and executed as per plan.

If you have come across people who have made it big by investing in real estate, pause a while; study what they did vs what you did. They too began with a dream. However, the dream was founded on a sound understanding of how to finance investment in real estate.

Primarily, they were very clear about their motives for investing in real estate. They want to make money standing up and sitting down. They were desirous of generating a passive income to supplement their income from salary or other sources. They were out to acquire property that puts money into their pockets all the time. They were hell bent to ensure that the property fetches them a decent rent that pays any expenses on acquisition and puts some money into the pocket after taxes. They made sure the property value would appreciate and the sale of the property would come with capital gains that can be reinvested in other high value properties while defering taxes.

Most people “invest” in dream home mid career. They buy property, because  they want to live in the property, ultimately after retirement. They may be a long way away form retiring and settling down, yet they build their homes in localities they would like to settle down instead of in localities that show a distinct growth potential.  They are willing to pay higher prices for the property, though they could have got a better property at a lower price elsewhere and more rent in the bargain. They take huge loans from the bank and spend their lives repaying the loans using up all the rent and slicing off a chunk from out of their salary income.  Additionally, repairs to the property, taxes on property and a score of other corrosives eat into their income and leave them wondering about the wisdom of their investment.

What should they have done?  If they have several years to retirement, they should develop a real estate investment plan rather than jump into investing in real estate for retired living.  It is like going to the Doctor today for an ailment you may have in the future.

Real estate investment plans begin small. The shoe must not pinch. The rent from the property must take care of loan repayments, taxes and all other charges arising from property ownership.  Capital appreciation on property must be reinvested in newer and larger properties that generate a passive income for the owner and enable him defer capital gains tax on the sale.   This will gradually result in a valuable real estate portfolio that can be used to buy the dream home and also remain invested in properties that you have no intention of living in!

So, it is time to come down from the clouds and get real so that you can build up your estate!

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