Tax laws in real estate investment


Tax laws in real estate investment

Taxation is an important aspect of any investment. Investors are always on a search for the investment options that are well rewarding, and also that don’t hurt too much with taxes. It is fair enough for investors to think so, cause ultimately even if you earn good returns and pay half the profit as taxes the investment is of no good. Hence it is very crucial for any investor to have a fair amount of knowledge concerning the taxes involved.
When it comes to Real estate, a traditional investment vehicle in India, over the years has been considered one of the safest and reliable investment options. Along with capital appreciation, it also generates regular income in the form of rentals which makes it even more lucrative. But just like any other investment option, Real Estate investment is also taxed and there are laws for its taxation. Buying, selling or even flipping of the real estate property attracts taxes according to the predefined laws of the government.
The tax laws pertaining to the real estate investments are discussed below

  • Rental Income
    Rental income is taxed under the head income from house property. Rent received from both the residential property and commercial property is taxed under this head. The property is taxed on the basis of the annual value of the property that is determined from the rent received or that is expected to be received from a property, whichever is higher. However, you are allowed to deduct the municipal taxes payable for the property, and also claim a deduction for the rent which you have not yet realized, on fulfillment of certain conditions, then you obtain annual value of the property from which you are allowed a standard deduction of 30% to cover the expense for repairs, etc
  • Long term capital gains
    When the property is held for more than three years, the income generated is regarded as Long-term capital gains. Long term capital gains are benefitted by low tax rates than short term gains. Long term gains are taxed at a rate of 20%. Also, you cannot claim tax deductions on long-term capital gains. But, capital gain from the sale of any long-term asset can be claimed under Section 54EC by investing in notified bonds within six months of its transfer. If your total income is below the tax exemption limit, only income above the exemption limit is taxed. Losses from long-term assets can be set off only with capital gain income.
  • Short term capital gains
    Real estate when considered for the long term is more beneficial as it also enjoys tax benefits. When you invest in real estate for a short not only it is risky but also you will have to pay more taxes. The income received from short term gains is taxed at a rate of 30%. But unlike long term gains, the short term losses can also be set off using long term gains.
  • TDS on sale of property
    Investors also need to consider certain rules when buying, selling or renting out a real estate property. They need to deduct TDS at the rate of 1% of the property value if the property’s value is above 50 lakh. The buyers have to withhold TDS from the price payable to the seller. On the sale of the asset, the buyer will deduct TDS from the amount payable to the seller.

Considering these tax rules before investing in Reaal estate will help the investor in making the right investment decision. Proper knowledge about all the rules and regulations along with the taxation rules is important for an investor to avoid any kind of unexpected loss. Though you make not be able to avoid taxes you will be able to make better choices of investment. Investing with awareness about tax laws will allow the investor in making smart moves regarding their investment.

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