Go Ad-Free on CAclubindia with Daily Mobile Updates. Subscribe Now!

loan for house maintenance

Shine (Mechanical ) (215 Points)

18 July 2019

can I claim principle and interest for loan taken for house repair and painting work .

Reply
Follow
Share

2 Replies

siddhesh (si) (198 Points)
Replied 18 July 2019

Dear Sir,

for House repair and painting expenditure for which the loan is taken, there is two senario,

1) Such repair is a Capital repair then it is treated as improvement and there is no deduction of interest and principle because it is capital expenditure and it is available for deduction at the time of Sale of House property on which capital gain is arises.

2) the second thing is that if it a repair for maintaining the house in that case it is trated as revenue expenses and intereat Amount is deductible are as follows

a) if it is a rented house property then whole amount of interest paid on loan is allowed u/s 24 but no principle deduction is allowed

b) if it is a self occupied property in that case interest amount is restricted to RS 30000 is allowed as deduction and no principle amount is deductible.

Considering the above provision, i conclude that it is trated as revenue item because normally painting and repair is made for maintenace of home or upkeep of home. it does not improve the life of house property also value is insignificant. there fore,

you can claim interest under house property but depends on above situation whether it is owned by you or give on rent but no deduction u/s 80c is available for principle payment of loan.

if any mistake is arises please freely give reply to coorect me .

Upgrade to CAclubindia Pro. Subscribe Now!

Suresh Thiyagarajan (Student) (3986 Points)
Replied 18 July 2019

1. According to sec 24(b) interest on borrowed capital for the purpose of the purchase, construction, repair, renovation of house property will be allowed as a deduction to the extent of Rs. 2 lakhs or Rs. 30,000 if it is a property specified u/s 23(2) (self-occupied).
2. Since the loan was obtained for the purpose of repairing the house property it shall be allowed as deductions u/s 24(b) subject to the above conditions.
3. Repayment of the principal portion is dealt in sec 80C(2)(xviii) which imposes only one condition under sec 80C(5)(iii) where the property referred to in the above section and repayment of principal was availed under this section then the property cannot be sold within a period of 5 years from the date of possession obtained by the assessee. This section clearly uses the word possession hence it must be a new property (constructed or acquired) and it does not include repairs, renovation or construction of additional floors. Hence, principal repayment cannot be claimed as deductions u/s 80C(2)(xviii)
4. In conclusion, a loan taken for repair and painting to the extent of interest on borrowed capital u/s 24(b) will be allowed as deductions subject to certain conditions and repayment of the principal portion will not be allowed as deductions.
Please correct me if the above interpretation has an alternative view.