Housing loan repayment by spouse

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Total Replies – 12
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  • Ashish Shivhare
    Advocate

    if housing loan repaid by the spouse. can claim it deduction of repayment and interest

    Dhirajlal Rambhia
    SEO Sai Gr. Hosp.

    Who is/are owner of House property?

    Who are loan borrowers?

    Payment can be made moreover If it is a Joint Loan then only tax benifit will be available.

    Eswar Reddy S
    CFO- at NHTF

    Few cases laws are there on this. Deduction can be claimed even if it is paid by spouse if the spouse is not a tax payer

    A related question to Clubbing provision, if I gift my spouse money via bank transfer and both invest equally towards buying a property. What will be the tax implications on selling of such property

    Do i have to pay the entire capital gains tax or will it be split as the share of ownership

    House in whose name?
    loan taken in whose name?

    Suppose property worth 1Cr u gift my spouse 50L and have 50L balance with me in bank
    no loan taken
    now we both pay 50L each and acquire the property
    ownership is 50% 50%
    my question is on selling the property in future
    will i have to bear the entire capital gains under the clubbing of income provision
    or both shall be liable to pay capital gains as per their share

    Ashish Shivhare
    Advocate

    House purchase by A
    repayment by A & B both . B his wife

    Dhirajlal Rambhia
    SEO Sai Gr. Hosp.

    As B is not co-owner of the house, B cannot get housing loan deduction under IT act.

    owner can claim expenses no matter who paid

    Eswar Reddy S
    CFO- at NHTF

    A can claim full deduction

    Income Tax Wala: (Fin. Expert)
    Chartered Accountants

    Originally posted by : Naman Mamania
    Suppose property worth 1Cr u gift my spouse 50L and have 50L balance with me in bankno loan takennow we both pay 50L each and acquire the propertyownership is 50% 50% my question is on selling the property in future will i have to bear the entire capital gains under the clubbing of income provisionor both shall be liable to pay capital gains as per their share

    Its a tricky question. Well done

     

    See in this case entire capital gain i taxable in your hand. but first we compute LTCG in wife hand and if any taxable income generates. than that income is clubbed in husband hands. Because husband had gift 50 lac to wife. 

     

    See there is tax planning in this part to avoid tax liability. send message me personally. 

    Eswar Reddy S
    CFO- at NHTF

    👍🏻👍🏻👍🏻

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