Income from House Property — Sections 20–25

INCOME TAX ACT 2025 · CHAPTER IV · PART C · SECTIONS 20–25

Income from House Property

Complete guide to the head "Income from House Property" under the Income Tax Act 2025 — chargeability, annual value determination, let-out vs self-occupied properties, the two-house SOP benefit, deductions (30% standard + interest), arrears of rent, co-ownership, and who is an "owner" for tax purposes.

📘 Sections: 20 (Chargeability) · 21 (Annual value) · 22 (Deductions) · 23 (Arrears and unrealised rent) · 24 (Co-owners) · 25 (Definition of owner)
🔄 Replaces: Sections 22, 23, 24, 25A, 25AA, 25B, 26, 27 of the Income Tax Act 1961
📅 Effective: 1st April 2026 (Tax Year 2026-27 onwards)

Section 20 — Chargeability

Replaces Section 22 of the 1961 Act. The annual value of any building or land appurtenant thereto — owned by the assessee — is chargeable to income-tax under the head "Income from House Property".

✅ Chargeable under House Property
  • Rental income from residential flats/houses
  • Rental income from commercial premises (shops, offices) — if owner does not use for own business
  • Income from letting out of residential house — even if owner is a landlord-businessperson [Section 26(4)]
  • Annual value of property let at concessional rent
❌ NOT chargeable under House Property
  • Portions occupied by assessee for own business or profession (profits of which are chargeable to tax) [Section 20(2)]
  • Property let as stock-in-trade not let out — nil annual value for 2 years from completion [Section 21(5)]
  • Self-occupied properties — annual value = nil [Section 21(6)]

Section 21 — Determination of Annual Value

Replaces Section 23 of the 1961 Act. The annual value is the higher of the expected rent (fair market rent) and actual rent received — subject to specific adjustments.

Section 21(1) — Basic Rule: Higher of Two

Annual Value = Higher of:
  (a) Reasonable Expected Rent (Municipal Value / Fair Rent — whichever is higher, capped at Standard Rent if applicable)
  (b) Actual Rent Received or Receivable

Key Adjustments to Annual Value

Sub-secSituationAnnual Value
21(1)Property let out — no vacancy, no unrealised rent issuesHigher of fair rent and actual rent received
21(2)Property was vacant for part/whole of the year and actual rent received is less than fair rent due to vacancyActual rent received (vacancy relief — fair rent does not override)
21(3)Municipal taxes (property tax, service tax) actually paid during the yearAnnual value is reduced by municipal taxes actually paid (not on accrual basis)
21(4)Unrealised rent (rent that cannot be realised from tenant)Not included in actual rent — subject to prescribed rules
21(5)Property held as stock-in-trade (developer/builder) and not let at all during the yearNil for 2 years from end of financial year in which completion certificate is obtained
21(6) & (7)Self-occupied property — owner occupies for own residence OR cannot occupy due to any reason (employment elsewhere, etc.)Nil — for up to 2 houses chosen by the assessee

Self-Occupied Property (SOP) — The Two-House Benefit

Key Change from 1961 Act — Two Houses Now Allowed

Under the 1961 Act (Section 23), only one self-occupied house could have nil annual value. The 2025 Act (Section 21(7)(a)) allows two houses to be treated as self-occupied simultaneously — a significant benefit for people owning two homes.

Conditions for SOP Nil Annual Value [Section 21(6) & (7)]

✅ Qualifies for Nil Annual Value
  • Owner occupies it for own residence
  • Owner cannot occupy it due to employment/business/profession elsewhere
  • Up to 2 houses can be designated as SOP
  • Each co-owner individually entitled to the benefit [Section 24(2)]
❌ SOP Benefit NOT Available
  • House is actually let during any time of the tax year
  • Owner derives any other benefit from the house
  • More than 2 houses claimed as SOP
What happens to a 3rd house? If an assessee owns 3 houses and designates 2 as SOP (nil annual value), the 3rd house is treated as deemed let-out — its annual value is computed at fair market rent (as if it were let out), even if it is actually self-occupied. Income tax is payable on this deemed annual value.

Step-by-Step Computation

LET-OUT PROPERTY
Gross Annual Value (GAV)
= Higher of Fair Rent & Actual Rent [Sec 21(1)]
(Vacancy relief if applicable [Sec 21(2)])

Net Annual Value (NAV)
= GAV − Municipal Taxes Paid [Sec 21(3)]

Less: Standard Deduction [Sec 22(1)(a)]
= 30% of NAV

Less: Home Loan Interest [Sec 22(1)(b)]
= Actual interest (no cap for let-out)

= Income from House Property
SELF-OCCUPIED PROPERTY
Annual Value = NIL [Sec 21(6)]

Less: Standard Deduction
= 30% of NIL = NIL

Less: Home Loan Interest [Sec 22(1)(b)]
= Max ₹2,00,000 (if conditions met)
= Max ₹30,000 (otherwise)

= Income = Negative (Loss)
(Set off against other income up to ₹2L per year)

Section 22 — Deductions from House Property Income

Replaces Section 24 of the 1961 Act. Only two deductions are allowed — no actual maintenance, repair, insurance, water charges etc. are separately allowed (the 30% standard deduction covers everything).

Section 22(1)(a) — 30% Standard Deduction

30% of Net Annual Value (NAV) — a flat standard deduction allowed for all let-out properties. It is deemed to cover all expenses like repairs, insurance, maintenance, water charges, legal expenses etc. No actual expense bills are required or allowed separately.

Not applicable to SOP: Since SOP has NAV = nil, 30% of nil = nil. No standard deduction benefit for self-occupied property.

Section 22(1)(b) — Home Loan Interest Deduction

Interest on capital borrowed for acquisition, construction, repair, renewal, or reconstruction of the property is deductible. The rules differ significantly between let-out and self-occupied:

Property Type Interest Limit Conditions
Let-out property No cap — full actual interest Full interest on home loan for acquisition/construction allowed. No upper limit.
Self-occupied (SOP) — ₹2L limit ₹2,00,000 Loan for acquisition or construction AND construction completed within 5 years from end of tax year of borrowing AND assessee furnishes interest certificate from lender [Section 22(2)(a)]
SOP — ₹30K limit (other cases) ₹30,000 All other cases — loan for repair/renovation, or construction not completed within 5 years [Section 22(2)(b)]
Overall SOP Interest Cap [Section 22(5)]:

The aggregate interest deduction for all self-occupied properties together cannot exceed ₹2,00,000 in a tax year. Even if an assessee has 2 SOPs each with a ₹2L limit home loan, the combined deduction is capped at ₹2L.

Section 22(1)(c) — Pre-Construction Period Interest

Interest paid on home loan during the period before the year of acquisition/construction (the pre-construction period) is not lost — it is allowed as a deduction in 5 equal instalments starting from the year of acquisition/construction.

Annual deduction = Total pre-construction interest ÷ 5
(For each of 5 years starting from year of possession/completion)

Section 22(3): Any pre-construction interest already claimed as a deduction under any other provision of the Act must be excluded from this computation to avoid double deduction.

Section 22(6) — Interest Payable Outside India

Interest payable outside India on home loan is NOT deductible if: (a) TDS has not been deducted on such interest under Chapter XIX-B, AND (b) there is no agent in India for such interest payment under Section 306.

Section 23 — Arrears of Rent & Unrealised Rent Recovered Later

Replaces Sections 25A and 25AA of the 1961 Act. Where previously unrealised rent is subsequently realised, or arrears of rent are received later:

ProvisionRule
Taxability [Section 23(1)–(2)]Any arrears of rent or unrealised rent subsequently realised from a tenant is treated as income from house property in the year of actual receipt or realisation — even if the assessee is no longer the owner of the property in that year
Deduction [Section 23(3)]A flat 30% of the arrears/unrealised rent received is allowed as deduction — in place of any standard deduction or other expenses. No further deduction is available.
Practical significance: If a landlord had written off ₹1 lakh as unrealised rent in FY 2022-23 (excluded from annual value), and the tenant pays it in FY 2026-27 — ₹1 lakh is taxable in FY 2026-27 as house property income, with a 30% deduction. Net taxable = ₹70,000.

Section 24 — Co-owned Properties & Section 25 — Who is an "Owner"

Section 24 — Co-Ownership

Section 24(1) — Separate Assessment

Where a property is co-owned with definite and ascertainable shares, each co-owner is assessed separately on their proportionate share — they are not assessed as an association of persons. Each co-owner's share of income is included in their individual total income.

Section 24(2) — SOP Benefit for Co-owners

Each co-owner is individually entitled to the self-occupied property nil annual value benefit under Section 21(6) — as if each were a separate individual owner. This means if a husband and wife jointly own a home they live in, both get the SOP benefit.

Section 25 — Extended Definition of "Owner"

Replaces Section 27 of the 1961 Act. "Owner" for house property purposes is not just the registered title holder — it includes:

ClauseWho is Deemed OwnerImplication
(a)Individual who transfers property to spouse (not under separation agreement) or minor child (not married daughter) without adequate considerationTransferor is deemed owner — prevents clubbing evasion through gifts to family
(b)Holder of an impartible estateDeemed individual owner of all properties in the estate
(c)Member of co-operative society / company / AOP to whom a building is allotted or leased under house building schemeFlat buyer in a co-operative housing society is the owner even before formal conveyance
(d)Person in part-performance of a contract under Section 53A of Transfer of Property Act — allowed to take or retain possessionProperty buyer who has paid and taken possession under an agreement to sell (even before formal registration) is deemed owner
(e)Person who acquires rights in a building through sale, exchange, or long-term lease ≥ 12 years, or through co-operative society/company membership that enables enjoyment of the propertyLong-term lease (12+ years) creates deemed ownership for tax purposes

Practical Q&A

QuestionAnswer
I own 3 flats. I live in 2 and the 3rd is empty (not rented). How are all 3 taxed?2 flats you designate as SOP — annual value = nil. The 3rd flat is treated as deemed let-out at fair rent even though vacant. You pay tax on deemed annual value of the 3rd flat (minus 30% standard deduction and home loan interest if any).
I have a home loan on my SOP. The property was completed 8 years after I borrowed the money. How much interest can I claim?Only ₹30,000 — not ₹2,00,000. The ₹2L limit applies only if construction is completed within 5 years of borrowing. Since it took 8 years, you fall under Section 22(2)(b) with the ₹30,000 cap.
My tenant was 6 months behind in rent. I received ₹60,000 in arrears in FY 2026-27 (a different year). Is this taxable?Yes — Section 23 makes it taxable as house property income in FY 2026-27 (year of receipt). Taxable = ₹60,000 − 30% = ₹42,000. Taxable even if you no longer own the property.
I borrowed ₹50L for house purchase, paid ₹3L interest during pre-construction period, and took possession in April 2026. How is pre-construction interest treated?₹3L ÷ 5 = ₹60,000 per year. This ₹60,000 is added to the current year's home loan interest deduction for each of FY 2026-27 to FY 2030-31 (5 years starting from year of possession).
My flat was vacant for 4 months. The fair rent is ₹20,000/month. Actual rent received = ₹96,000 (8 months × ₹12,000). Annual value?Vacancy relief applies — actual rent (₹96,000) < fair rent (₹2,40,000). Since vacancy caused the shortfall, annual value = ₹96,000 (actual rent). Less municipal taxes paid = NAV. Then 30% SD + interest.
A husband gifted a flat to his wife for no consideration. She rents it out. Who pays tax on rental income?The husband — Section 25(a) deems the husband to be the owner since he transferred without adequate consideration. The wife's rental income is clubbed with the husband's income under house property head.
📌 Source: Income Tax Act 2025, Act No. 30 of 2025 — Section 20 (page 36), Section 21 (page 37), Section 22 (page 38), Section 23 (page 39), Section 24 (page 40), Section 25 (page 41), as published in the Gazette of India Extraordinary dated 21st August 2025. Use the Section Cross-Reference tool to map 1961 Act sections to 2025 Act equivalents.
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