Hello Sir, Me and and my spouse had bought a flat in 2021. We took a housing loan from BOI and we are paying almost 2.5 lakh per annum as a interest on the loan. Both of us are tax payers. My question is, while filing a income tax, can I declare 2L as interest on housing loan and my wife can declare a 50k as interest on housing loan. Or the interest amount should be equally divided among us?

Ans: To claim the tax benefit on the property for you and your spouse or you, your spouse and your daughter, you need to fulfill certain criteria:

1. The person who wants to claim tax benefit (be it spouse or daughter) must be an owner of the property. Hence, there should be joint ownership of the property

2. The joint owner should also be an applicant for the loan. Owners who are not borrowers and do not contribute to the EMI shall be devoid of the tax benefits.

So, under section 80C, each co-borrower can claim a tax deduction on the principal component of the EMI. Also, each co-owner who is a loan co-applicant can claim a maximum tax deduction of Rs 2 Lakh for interest on the loan.

This will be based on the owner’s proportion of their stake in the property. You can choose to define the percentage in the sale deed or leave it without mentioning anything.

If you have not mentioned, you need to be consistent in the split across the years. The most common practice is to assume it as 50%.

Ans: Interest deduction will be allowed to each of the co-applicant in the ratio of actual contribution by each of the co-applicant in repayment of housing loan.

Ans: Dear Mr. Rajan,

Greetings! I hope you're doing well.

To answer your question, as an NRI who has taken a housing loan from your NRE account, you can indeed claim tax deductions on the interest and principal paid for the property.

Under the Indian Income Tax Act, you can claim deductions under Section 80C for the principal repayment of your home loan, up to a maximum limit of Rs 1.5 lakhs. Additionally, you can also claim deductions under Section 24(b) for the interest paid on your home loan, up to a limit of Rs 2 lakhs.

However, please remember that these deductions can only be claimed if you have taxable income in India. Since you mentioned that you have income from Indian sources and you file your IT returns every year, you should be able to avail these benefits.

I hope this information helps you in filing your tax return.

Ans: In the scenario you described, since you are the one paying the EMI and listed as a co-applicant on the loan, you can claim the tax benefits associated with the home loan. Here's how it works:

Interest on Housing Loan (Section 24): You, as a co-applicant and the one paying the EMI, can claim the tax deduction on the interest component of the home loan under Section 24 of the Income Tax Act. Since your name is on the interest certificate issued by the bank, you can claim the deduction. The maximum deduction allowed is up to Rs. 2 lakh per financial year for a self-occupied property.

Principal Repayment (Section 80C): Similarly, you can also claim the tax deduction on the principal repayment component of the home loan under Section 80C. However, the maximum deduction allowed under this section is up to Rs. 1.5 lakh per financial year.

Since your son and wife are the legal owners of the property, they do not qualify for these tax benefits unless they are also contributing to the repayment of the loan. It's essential to maintain proper documentation and consult with a tax advisor for accurate advice tailored to your specific situation.