Salaries and Income from House Property
Weightage: Unit 1 and Unit 2 of Chapter 3 of ICAI's Paper 3 Section A, together part of the largest single chapter in the paper. Salaries is almost pure exemption and valuation rule application; House Property is a short, mechanical head that repeats in a narrow set of shapes.
Income from Salaries
The relationship that defines the head
Income is taxed under Salaries only where it arises from an employer-employee relationship. A consultant's fee, a director's sitting fee for attending board meetings without an employment contract, a partner's remuneration from a firm — none of these is salary, because none arises from that relationship, whatever the payment is called.
Basis of charge — section 15. Salary is taxable on due basis or receipt basis, whichever is earlier. Salary due in a year, whether paid or not, is taxable; salary of an earlier year received in a later year, if already taxed on due basis, is not taxed again.
The components
Basic salary is fully taxable.
Allowances are, by default, fully taxable, and specific ones are wholly or partly exempt by express provision — the default is taxability, and exemption is the exception that must be affirmatively established.
Fully exempt allowances include, among others: allowances to certain government employees serving abroad.
Partly exempt, subject to a limit or actual expenditure: House Rent Allowance (HRA) — exempt to the extent of the least of actual HRA received; rent paid minus 10% of salary; and 50% of salary (metro cities — Mumbai, Kolkata, Delhi, Chennai) or 40% of salary (non-metro), where "salary" here means basic plus dearness allowance (if it forms part of retirement benefits) plus commission (if based on a fixed percentage of turnover), computed on a period basis wherever any of the inputs changes during the year.
Fully taxable allowances (illustrative, not exhaustive): dearness allowance, city compensatory allowance, medical allowance, entertainment allowance for non-government employees (a deduction, not exemption, is available to government employees, being the least of ₹5,000, 20% of basic salary, and actual entertainment allowance received).
Perquisites are benefits or amenities provided by the employer over and above salary. Under section 17(2), perquisites are taxable only for specified employees for certain categories, but the major perquisites — rent-free accommodation, concessional accommodation, interest-free or concessional loans above prescribed limits, and specified fringe benefits — are taxable for all employees, not merely specified ones, which is a distinction candidates blur.
Rent-free accommodation valuation depends on whether the employer is government or other, and where other, on the population of the city and whether the accommodation is owned or leased by the employer — the computation is a set percentage of salary (population-graded) or the lease rent paid, whichever is applicable, subject to specified caps.
Perquisites exempt for all employees: medical facility in an employer-maintained hospital, medical insurance premium paid by the employer, refreshment during working hours, and certain other specified categories.
Retirement benefits
Gratuity. Fully exempt for a government employee. For a non-government employee covered by the Payment of Gratuity Act, 1972, exempt to the extent of the least of: actual gratuity received; 15 days' salary for every completed year of service (or part thereof exceeding six months), computed on last drawn salary with a divisor of 26 working days a month; and the notified statutory ceiling. For a non-government employee not covered by that Act, exempt to the least of: actual gratuity received; half a month's average salary for every completed year of service (no rounding for a part year), computed on the average salary of the last 10 months, with a divisor of 30; and the notified statutory ceiling.
Leave encashment. Fully exempt at retirement for a government employee. For a non-government employee, exempt to the least of: actual amount received; notified statutory ceiling; 10 months' average salary; and cash equivalent of leave standing to credit at retirement, computed on the basis of a maximum of 30 days' leave for each completed year of service, at average salary of the preceding 10 months.
Pension. Uncommuted pension (a periodic payment) is fully taxable for every employee. Commuted pension (a lump sum in lieu of the periodic payment) is fully exempt for a government employee. For a non-government employee: if he also receives gratuity, the exempt portion is one-third of the pension that would have been received had the whole pension been commuted; if he does not receive gratuity, the exempt portion is one-half of that notional full-commutation value.
Retrenchment compensation is exempt to the least of the amount calculated under the Industrial Disputes Act, 1947, the notified statutory ceiling, and the actual amount received.
Deductions from salary — section 16
Standard deduction is a fixed statutory amount, deductible from gross salary without requiring any expenditure to be shown. Entertainment allowance deduction is available only to government employees, as described above. Professional tax (employment tax) actually paid is deductible in full, and if paid by the employer on the employee's behalf, is first added as a perquisite and then allowed as a deduction — a wash that candidates frequently get only half right, either adding it without deducting or deducting without adding.
Income from House Property
The charging provision and its curious feature
Section 22 charges to tax the annual value of property consisting of any buildings or lands appurtenant thereto, of which the assessee is the owner, other than portions the assessee occupies for his own business or profession.
The curious feature, worth stating explicitly because it distinguishes this head from every other, is that the charge is on annual value, a notional figure the property is deemed capable of yielding, not on rent actually received. A property lying vacant, earning nothing, can still generate taxable "income" under this head, because the charge is on capacity to earn, not on actual receipt — subject to the specific relief available where a let-out property remains vacant for part of the year, described below.
Who is the owner
The assessee taxed is the legal owner, with important deeming extensions: a person who has transferred a house to a spouse or a minor child otherwise than for adequate consideration (subject to specified exceptions) is deemed the owner under the clubbing provisions covered separately; a person in possession of a property under a part-performance arrangement within the meaning of section 53A of the Transfer of Property Act, even without a registered conveyance, is deemed owner; and the holder of an impartible estate is deemed the individual owner of the estate.
The three categories
Let-out property. Actually let out during the year, wholly or partly.
Self-occupied property (SOP). Occupied by the owner for his own residence, and not actually let out during any part of the year.
Deemed let-out property. Where the assessee owns more than two self-occupied houses (the relaxation to two, up from one, is a change from the earlier position that older material still gets wrong), the additional houses beyond the first two — even though not actually let and used by the owner — are treated as deemed let out, and their annual value is computed as if they had been let.
Computing Gross Annual Value (GAV)
For a let-out property, GAV is the higher of the Expected Rent and the Actual Rent Received or Receivable.
Expected Rent is the higher of Municipal Value and Fair Rent, but restricted to Standard Rent where the property is subject to rent control legislation — Standard Rent operates as a ceiling on Expected Rent, never as a floor.
Where the property was let out for only part of the year, GAV is computed proportionately, comparing the Expected Rent for the whole year against the actual rent for the let-out period, and taking the higher, but a further specific relief applies:
Vacancy relief. Where the property is let and was vacant for part of the year, and owing to such vacancy the actual rent received or receivable is less than the Expected Rent, the actual rent received or receivable (not the Expected Rent) is taken as GAV — the vacancy period genuinely reduces the annual value rather than being ignored, provided the shortfall arises because of the vacancy and not for some other reason such as the tenant simply defaulting while occupying.
For a self-occupied property (within the limit of two), GAV is taken as nil.
For a deemed let-out property, GAV is computed exactly as for an actually let-out property — Expected Rent, since there is no actual rent.
Deductions under section 24
Only two deductions are permitted from Net Annual Value (GAV less municipal taxes actually paid by the owner during the year), and this short, closed list is the single most examinable fact in the chapter.
Standard deduction — 30% of Net Annual Value, a flat statutory allowance with no requirement to show actual expenditure, available for let-out and deemed let-out property; not available for a self-occupied property with nil GAV, since 30% of nil is nil in any event.
Interest on borrowed capital, deductible under section 24(b), with different limits depending on the category:
- For a let-out or deemed let-out property, interest is deductible in full, with no upper ceiling, whether the loan was for acquisition, construction, repair, renewal or reconstruction.
- For a self-occupied property, interest is capped. Where the loan is for acquisition or construction completed within 5 years from the end of the financial year in which capital was borrowed, and the loan was taken on or after 1 April 1999, the deduction is capped at ₹2,00,000. Where these conditions are not met — construction not completed within 5 years, or loan for repair, renewal or reconstruction, or loan taken before 1 April 1999 — the cap falls to ₹30,000.
Pre-construction interest. Interest for the period prior to the year of completion of construction or acquisition is not deducted in the year it accrues; instead, it is aggregated and deducted in five equal annual instalments commencing from the year of completion, subject to the same overall ceiling that applies to the property.
Composite rent and unrealised rent
Where the owner also lets out furniture or provides services (a lift, security) along with the property for a composite rent, and the rent for the property can be separated from the rent for other assets or services, the property portion alone is taxed under this head; the remainder is taxed under Business/Profession or Other Sources as applicable. Where it cannot be separated, the entire composite rent is generally taxed under Other Sources or Business income, not House Property.
Unrealised rent that the owner is unable to recover, meeting prescribed conditions (the tenancy is bona fide, the defaulting tenant has vacated or steps have been taken to compel vacation, the defaulting tenant is not in occupation of any other property of the assessee, and the assessee has taken reasonable steps including legal proceedings to recover it), is excluded from Actual Rent Received or Receivable in computing GAV for the year to which it relates.
Arrears of rent and unrealised rent recovered subsequently. Where arrears of rent, or unrealised rent earlier excluded, are received in a later year, they are taxable in the year of receipt, whether or not the assessee is still the owner of the property in that year, after a flat 30% deduction, with no other deduction permitted against this receipt.