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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: Income from house property

Category : General, Information highway, Money & Finance, News and society, taxation

“House building” is an economic activity that is hugely encouraged in most tax legislations.  Governments want people to build houses and promote the development of localities and contribute to overall economic growth.  So, people who invest in house property are given a number of incentives to do so.  They are given a number of tax breaks that are not available to persons who earn income under other heads of income as defined in the tax legislation of the country.

However, it should be noted that income from every type of house property is not treated on the same footing in all countries, for a variety of reasons. Depending on the scope of encouragement to be given to house building activity, the  income tax benefits available on the  first property owned by a person may be different from the income tax benefits available on  the second property owned by the same person.

It follows that income tax benefits available on properties owned by the individual in countries other than the country of residence, may also be different. The tax on income from such properties may be computed with reference to any tax treaties that may have been entered into by the parent country with the country in which the property yeilding income is located.

Having said this, let us go on to examine what is commonly understood as income from house property.

Income from House Property, also referred to as rental income, is any payment you receive for the use or occupation of your property (referred to as Lessee or owner) by another (referred to as lesor or tenant).

Broadly, Income tax legislations the world over define income from house property as any or all of the following:

  • Periodic payments by the tenant for use of property fully or partially
  • Notional rental value of property that is intended for self occupation
  • Payments by tenants towards amenities provided with the property
  • Any amounts paid by tenant to cancel a lease
  • Any expenses paid by the tenant on your behalf
  • A security deposit that is intended to be adjusted against unpaid rent or final payment of rent
  • Any security deposit that is adjusted because tenant does not comply with the terms of the lease

The type of accounting system you adopt will also make a difference to the amount of income from house property you report under the tax legislation. So most tax legislations recognize two types of accounting proceeduces as legitimate–cash system or accrual system.  A cash system of accounting implies that you account for the rent only when you receive the cash. Under the accrual system you will include all rent that is due to you and not necessarily received.

However, the entire amount you receive from your tenant is not taxable.  The income at the point of receipt is “gross rent”.  The actual taxable rent could be far less than what you have received from your tenant in the course of the accounting year. Why? All tax legislations allow legitimate and reasonable expenses that may be incurred by an individual in collecting the rent or maintaining the property in a rentable condition. The rent arrived at after deducting expenses is the “Net taxable rental income”.

Deductible expenses on gross rental income could include:

  • Expenses on upkeep of the property
  • Finding a tenant to occupy the property
  • Expenses incurred for collection of rental
  • Expenses incurred for payment of property tax and
  • Other taxes/charges on property.

A few tax legislations may also allow you some deductions such as:

  • interest that is paid on loans taken by you for the purchase of property;
  • vaccancy allowance for the period when the property remains untenanted or
  • loss of income you have appropriated the property for personal use during a part of the financial year.

A few legislations allow a standard deduction on income from house property in place of deductions for various expenses. Other legislations may allow depreciation on house property income.  You must compute your house property income in accordance with the definition of house property income that is enshrined in the legislation of your country of residence and deduct expenses that are allowable under that legislation.

The total income from house property can be a loss if the expenses on property exceeds the gross income from property. This may or may not be set off against income from other heads as defined in the tax legislation of the country.

[Subsequent tax talk posts will be devoted to "How to compute house property Income" under different tax legislations. So stay with us and we hope this information will be useful to you for the tax filing season in your country!]

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.

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