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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.

Boundaries of freedom: tax laws

Category : Communication, General, News and society, Types of content

If you study the history of taxation of any country, you will note that it has been one long debate on constitutionality and unconstitutionality of taxation. Most often than not, taxation was seen as a means of amassing wealth, subjugating the enemy, financing a war or developing a nation by the rulers.  All land and all wealth rightfully belonged to the monarch and the citizen was allowed to enjoy “income” at the mercy of the State.  Property could be taken over, confiscated without explanations by the State. It was a declaration of the power and right of the State and a definition of the boundaries of their freedom.  If the subjects saw the ability to tax differently, it was just too bad.

The concept of taxation in the modern world is really not very different.  In countries driven by socialistic principles, the common good is placed above the individual good and all land, property and incomes belong to the society/State.  Individual wealth and inheritance concepts do not exist.  In capitalistic countries where the concept individual freedom and personal good reign supreme, voluntary compliance is, seemingly encouraged and people are persuaded to consider paying taxes a duty. Penal sections of the law were enacted as disincentives to tax avoidance.

Even today, in most countries, tax laws define the boundaries of your economic freedom. You are free to earn, live and love in a community so long as you give back to the community something of what you receive from the community.  If you do not do so with the spirit of joy, voluntarily, the state has the power to act Robin Hood.  It is no wonder, therefore, that there are several voices that declare taxation a socialistic tenet in a capitalistic world!

It follows that while economies can be capitalistic or socialistic, no Government can afford to be wholly capitalistic. While they can respect the concepts of “liberty, equality and fraternity”, they cannot place the individual good over the common good without extending an invitation to anarchy.  Unbounded freedom is a myth and rightly so. Do you agree?

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