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RaagVamdatt.com articles published on Reuters, NBC & FoxBusiness
Also translated in Hindi and published in Dainik Bhaskar

RaagVamdatt.com - Your Queries

 
Category: Main -> Tax Planning

Queries

Answer

Hi All,
Plz Let me know how to calculate Leave Encashment? I need the formula with example.

Please refer to the discussion going on in the Discussion Forum at the following URL:


http://www.raagvamdatt.com/module-pnForum-viewtopic-topic-8.html

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prasanthi
Aug 04, 2008
house in joint names

I and my husband are employed drawing a gross salary of Rs.4l each.We purchased a flat in April 2008,in joint names,availing home loan in joint names. the EMI is Rs.19,720 paid from my husband's account through PDCs.The flat is let out at a monthly rental of Rs.9000.Please illustrate the computation of our income from house property.

raagvamd
Aug 05, 2008
Re: house in joint names
Hi Prasanthi,

Since the entire EMI is being paid from your husband's account, all income and expenses would be considered your husband's as far as income tax is concerned.

Therefore, all the income tax benefits of the EMI (principal and interest) would be available to your husband.

Also, the rent would be added to your husband's income (under the head "income from house property"), and the tax would be calculated accordingly.

So, there would be absolutely no impact on your income or income tax calculation even though you are a joint holder of the house and the loan is in joint names.

Please see the comments section of "Residential / Commercial Property for a Non Resident Indian (NRI)" to find out how the income tax should be calculated on your husband's income - the article is about real estate for NRIs, but the calculation in the example is quite general and applicable to everyone.

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How to calculate leave salary. plz answer this with an example.

Please refer to the discussion going on in the Discussion Forum at the following URL:


http://www.raagvamdatt.com/module-pnForum-viewtopic-topic-8.html

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Hi,

Grateful if you could answer following queries

1. Is deduction for Housing Loan Principal Repayment is allowed for house under construction?

2. When NSS (National Savings Scheme) is matured the entire amount including the principle is to be added in total income of the year in which withdrawal is made or total interest earned on NSS is to be added in total income?

Regards

good_friends

Hi Good Friend,

1. The deduction of housing loan principal amount repayment is not allowed for a house under construction.

It is only allowed from the financial year in which the construction of the house is completed. Thus, if you have been repaying principal for the entire year, and the construction gets over in March (or any previous month), then you can claim deduction for the full principal amount paid. But if the construction gets completed in April, then, you cannot claim deduction of the principal amount that you have repaid.

For this reason, most banks do not fully disburse the loan before the construction of the house is completed. They release a partial amount, and you pay a pre-EMI interest on it. This interest can be claimed for deduction in 5 equal parts for the following 5 years.

If you have paid the stamp duty and registration during the year in which the construction gets over, even that can be claimed for deduction for that year.

2. The answer to this depends on which NSS scheme you have invested in. The tax treatment for National Savings Scheme (NSS) 1987 and NSS 1992 is different.

For NSS 1987 (which was closed with effect from April 1, 1992, and a new scheme was launched), the entire contribution was deductible from taxable income. Here, the entire amount - both principal and interest – are taxable on withdrawal.

For National Savings Scheme 1992, the contribution was deductible subject to the ceiling under Sec. 80C. Here, only the interest income is taxable. The principal is not taxable on withdrawal.

Even for interest, you have two options: You can show the interest on accrual basis (that is, show each years interest as an income for that year, and pay income tax on it every year). Or, if you haven't done so, you pay income tax on the interest earned in the year of withdrawal.

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Comments

R.C SAXENA
Jul 10, 2008
DEDUCTIONS UNDER SECTION 80C

please advise if Rs. 1.00 invested in fixed deposit with a

scheduled bank for 5 years will be eligible for deductions

from the total income to avail the benifit for tax calculations.

raagvamd
Jul 11, 2008
Re: DEDUCTIONS UNDER SECTION 80C

Dear Sir,

A fixed deposit in a bank, with a duration of 5 years or more, is eligible for deduction u/s 80C.

But I would like to point out that any investment that you make now would count as section 80C investments for this year - for which you would be filing income tax returns in July 2009.

Please read "Saving Income Tax – Understanding Section 80C Deductions" (http://www.raagvamdatt.com/Article123.html) to know more about section 80C deductions.

Hope this clarifies your query.

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my tax on taxable income is Rs.5,120
i come under 10% bracket.

how much i must save to save rs.5,120

Under section 80C, whatever you invest gets deducted from you taxable income, and you do not pay tax on it.

For having a Rs. 5,120 tax liability at 10%, Rs. 51,200 of your income would be taxable.

Thus, to make your tax liability Zero, you would need to invest Rs. 51,200 in instruments qualified u/s 80C.

You can read more on section 80C at: Saving Income Tax – Understanding Section 80C Deductions


(I hope you are asking this question for the next year, as for the last financial year, you can not have a tax liability of Rs. 5,120 being in 10% slab)

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1. I am a doctor working in hospital and drawing salary. The hospital has given form 16, so it is clear for me that i have to file this return in ITR1

2. In addition, i get paid from different firm as professional fees as visting consultant. They have issued me form 16A.

I am confused which form to use for filing this return.

(A query from a reader - he is a doctor, and earns consultation fees apart from a salary)

Hi,

Your employer has issued form 16, which is for the salary earned by you.

The Form 16A that you have received is for the TDS on your professional income (income from consultations, which is not a fixed salary).

Since you have income from profession apart from income from salary, you should fill ITR3.

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I am a NRI and my rental income through a Single property in India is 12 Lakhs per annum. Please advice me about the Taxation for this rent.

(A query from an NRI reader Ganesh)

Here's how you should calculate tax on this:


Take you gross rental income (Rs. 12 Lakhs), and deduct the municipal taxes you have paid from this.


From this, deduct 30%: This is a flat deduction allowed as a provision repairs and mainteance.


If you have teken the property on loan, deduct the interest paid from the result. There is no upper limit on this.


This is your final taxable rental income from the property.


Calculate income tax on it depending on the prevailing income tax slabs / brackets - you can find this information in the article "Budget 2008 – Impact of Income Tax Slab / Bracket Changes on You".


Example:


Say you have paid municipal taxes of Rs. 1 lakh (hypothetical)


Step 1:


Rs. 12 Lakhs - Rs. 1 Lakh = Rs. 11 Lakhs.


Step 2:


30% of this = Rs. 3.3 Lakhs.

Balance = Rs. 11 Lakhs - Rs. 3.3 Lakhs = Rs. 7.7 Lakhs.


Step 3:


No loan taken, so no change to this amount. We still have Rs. 7.7 Lakhs.


Now, calculate income tax on this depending on the slabs given in "Budget 2008 – Impact of Income Tax Slab / Bracket Changes on You".


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Hi Raag,

Your site is wonderful. It is the most informative and upto date site I have ever come across when it comes to investments and tax.

I have a query for you.

My father's income is 2.5 lakhs. As he is a salaried employee, tax for him would be cut at the
source. So, cash in hand for him for that year would be (after taxes) 2.4 lakh.
(as he has no other tax saving related investments). Now, if he gifts
1,00,000 to my sister who is aged 21 and who is in her final year engineering, then will his
entire income become tax exempt? Can he file returns saying that 1,00,000 has been
gifted and will he get the 10,000 paid as tax returned?

Regards
Forest boy : )

[Query by email]

Hi,

An amount given to your sister as a gift would not be deducted from your father's income for income tax purposes. He would need to pay income tax even on that amount.

The amount given to your sister would be exempt from gift tax, meaning that there would not be any extra gift tax.

But there would be no income tax benefit due to the gift.

An investment in eligible instruments under section 80C before March 31st make that amount deductible from the income for that year, and therefore result in reducing the income tax burdon.

You can read more about saving income tax using section 80C investments in "Saving Income Tax – Understanding Section 80C Deductions" at http://www.raagvamdatt.com/Article123.html.

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Hi,
I received my late father's Provident Fund and Gratuity cheques recently. I would like to know if PF and Gratuity are taxable. Thanks,

Roli

Dear Roli,

When PF and Gratuity amount is received by the legal heir of a deceased person, the entire amount is tax exempt. Therefore, you would not have to pay any tax on it.

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I am planning to purchase a Flat at Faridabad & approached LIC Housing Finance for loan. They agreed to provide the required amount.

Now, as usually, builder asked payment in various stages. My query is, can I get Income Tax Benefits on these Pre-EMI benefits before taking possession of the flat or I have to apply for the benefits on the aggregate Pre-EMI paid after taking possession of the flat. In the second case, is there any upper limit ?Before pocession can i get the Taxbenifit or only after pocessions for the EMI paid.

Please answer the query. [Asked by Anupam through email]

Hi Anupam,

The income tac benefit for the pre-EMI interest paid can be claimed only after receiving the possession of the flat. You can start claiming it starting the year in which you get the possession. This interest can be claimed for deduction in 5 equal parts for the following 5 years.

As such, there is no upper limit on the pre-EMI interest that can be claimed. But since this is to be included with the "interest paid on borrowed capital" under the head "income from house property", the upper limit of Rs. 1,50,000 per year applies.

That is, if the interest component of your EMI for the year plus 20% of the pre EMI interest paid is over Rs. 1.5 Lakhs, the amount over and above Rs. 1.5 Lakhs can not be claimed as deduction.

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