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Archive for the ‘Home loan’ Category

Getting Refund of Service Tax on Purchase of Your Apartment or House

Friday, October 30th, 2009

Service Tax is a tax levied on service providers in India. All service providers in India, except those in the state of Jammu and Kashmir, are required to pay Service Tax. The objective behind levying service tax is to reduce the degree of intensity of taxation on manufacturing and trade without forcing the government to compromise on the revenue needs. On February 24, 2009 in order to give relief to the industry reeling under the impact of economic recession, the rate of Service Tax was reduced from 12 per cent to 10 per cent.

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No service tax for residential complexes

Earlier property buyer had to pay service tax to the builder who provides service or construct the apartment complex. The builders also argued that construction of building is not service but the nature of sale and hence requested to avoid service charge on construction activities. In recent circular, government came to the conclusion that any service provided by such seller in connection with the construction of residential complex till the execution of such sale deed would be in the nature of ‘self-service’ and consequently would not attract service tax.

The circular has reference to only Construction of Residential Complex Service. However this circular would apply equally for both residential and commercial service. The personal user cannot be applied to commercial or industrial construction as the definition does not have such exclusion of personal use.

Refund of Service Tax collected in installment

Some builders have collected Service Tax in installments and not yet remitted to government. If builders have collected service tax from buyer and such amounts are not remitted to the Government, the buyer can claim refund from the Builder. The Board or government has clarified that based on the existing provisions of the law the builder need not charge Service Tax on the sale of flats.

As per the circular dated January 29 2009, the builder cannot ask for Service Tax even on car parking space. Service Tax is not applicable for any residential complex, even if it contains more than 12 units. If you are constructing your own house, the service tax is applicable to the various service providers connected with construction.

Refund of Service Tax in case remitted to government

In case a builder has remitted Service tax collected from the buyer to government, refund is possible under the provision of Section 11B Claim for refund of duty of the Central Excise Act made applicable to Service Tax u/s 83 of the Finance Act. The refund of service tax paid to the Government can be claimed only by the person who has paid the service tax i.e. builder. Alternatively the builder can return the monies separately to each buyer (keep evidence of the same) and then claim the refund.

Procedure for claiming the refund

The refund of service tax paid to the Government can be claimed only by the person who has paid the service tax. The assessee or builder claiming refund can follow the below procedure:

  • Submission of application in prescribed Form-R in triplicate to the jurisdictional Assistant Commissioner ACCE or DCCE before the expiry of one year from the relevant date. (Date of Circular- 29th January 2009)
  • It should be signed and pre-receipted with revenue stamp.
  • The application in Form R shall have valid grounds for refund.
  • The applicant should seek a personal hearing.
  • Proof should be submitted that refund would not result in unjust enrichment. Invitation for authorities to verify the accounts maybe attached. A Charted Accountant (CA) certificate that the Service Tax has not been passed on may also be obtained and submitted where the CA clearly specifies the books, records, payments received verified.

Update:

For more clarity, we have enclosed herewith a notification dated January 29, 2009, issued by Central Board of Customs and Excise clarifying that service tax is not applicable to residential complexes.

1. The Board has clarified that based on the existing provisions of the Law the builder need not charge Service Tax on the sale of flats. Since this is only a clarification it is applicable retrospectively. Your attention is invited to the last paragraph of the Circular No 108/02/2009-ST dated 29th January 2009 which clearly says ‘that all the pending cases may be disposed off accordingly’. Hence this clarification is effective retrospectively.

2. The buyer of the apartment cannot claim the refund from the builder, if the builder has already deposited the money with the Government.

3. The buyer can claim refund from the builder, if the Builder has not yet remitted the service tax collected to the Government.

4. The Service Tax was not applicable right from the beginning of construction, but was to be collected and paid at the time of completion of the project. As such there was no need not collect the same from buyers. Some builders, if they have collected in installments and if such amounts are not remitted to the Government, the buyer can now claim refund from the Builder.

5. The builder cannot ask for Service Tax on car parking space, as per the circular.

7. The service was considered applicable where there were more than 12 units in one project. The number of units was decided on total number of units on one project that may include few blocks, few independent units, few apartments etc. As per the new circular, Service Tax is not applicable for any residential complex, even if it contains more than 12 units.

8. The clarification of non applicability of service tax, as per the above referred circular is only connected with ‘residential complex’. And if you are constructing your own house, the service tax is applicable to the various service providers connected with construction.

9. Service tax as applicable to Association of Apartment owners continues to be applicable.

Useful Link:

http://ibnlive.in.com/news/no-service-tax-for-builders-says-chidambaram/47959-7.html

Disclaimer: The article  contains data collected from various sources and the use of same is at readers discretion. Although we have taken utmost care to provide the updated and correct information, we will not be responsible for any mistakes/omissions/incorrect information. The readers are further requested to consult Chartered Accountants for their specific requirements.

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Reverse Mortgage Loan For Senior Citizens

Friday, October 23rd, 2009

Most of the financial institutes or banks will reject the loan application if borrowers has no income or whose age is over 60. If you retired from your existing job which is only source of income, you may need to struggle to meet both ends. This is not only your case, most of senior citizens struggle to meet their both end after their retirement years. Now you can rejoice, you can get loan against your property and you are not required to repay loan. Reverse mortgage makes you this possible. Any house owner over 60 years of age is eligible for a reverse mortgage.

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What is Reverse Mortgage?

Reverse mortgage is a loan available for senior citizens on property pledged to bank or financial institute. The banks or financial institute either releases the loan amount in lump-sum or in multiple payments. In a reverse mortgage, the home owner makes no payments and all interest is added to the lien on the property. The homeowner’s obligation to repay the loan is deferred until the owner dies, the home is sold, or the owner leaves (i.e. moves to aged care). In case your property value increased after taking of reverse mortgage over property, you can acquire new or second reverse mortgage over the increased equity of the home.

How is Reverse mortgage different from Conventional Mortgage Loan?

A Reverse Mortgage is a loan for senior citizens where they do not have to repay loan as long as they continue to live in their home. The owner’s responsibility to pay back the loan is delayed until the owner dies or the home is sold, or the owner moves.

In conventional mortgage loan you will have to hypothecate your property to bank as security for loan. You will have to make a monthly amortized payment to the lender and typically after the end of the term the mortgage has been paid in full and the property is released from the lender.

Workings of Reverse Mortgage

A Reverse Mortgage is a non-recourse home loan. This means there is no personal liability to you or your heirs. The bank makes an evaluation of the current value of the home, decides the likely lifespan of the applicant home-owner (and his/her spouse), and, decides what percentage of the current value they are willing to loan. You will have the option of taking the loan principal in a single lump-sum amount or by a fixed monthly amount instead. The loan becomes due when you sell the property, moves to another house or dies. If one of the spouses dies, the other can continue living in the house. In case you sell the property, move to another house or you and your spouse die your heir can settle the overall outstanding loan and retain the house. If your heir fails to retain or settle the overall outstanding loan, the bank will proceed to settle the outstanding loan and give the rest to the heirs.

Recent reports seem to indicate that a very small percentage of senior citizens seem to have taken advantage of the facility since its beginning. Reverse mortgage is a popular in the West among senior citizens. Valuation of the residential property would be done at such frequency and intervals as decided by the reverse mortgage lender, which in any case shall be at least once every five years. The maximum period of property mortgage is 15 years with a bank or HFC. The amount received through reverse mortgage is considered as loan and not income; hence the same will not attract any tax liability.The maximum loan is up to 60% of the value of the residential property. Now you can enjoy regular income after your retirement.

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Things to Consider When Getting A Home Loan

Thursday, July 23rd, 2009

Home loan is important source of finance for buying a home. It is important to ensure that your home loan is affordable for you and you are comfortable to repay them. If you are not, it may lead to poor or bad credit history. Here are some points or factors to consider when getting a home loan.

Home Loan Eligibility Home loan

Factors To Consider When Getting A Home Loan:

  • Loan Amount
    It is not always wise to borrow huge sum or apply for different loans as huge debt will make your repayment a challenging that leads to debt trap. Decide your loan amount depending or considering your monthly income, Job stability, your age, other debts and financial commitments. Remember, when applying for a loan, borrowers have to pay down payment or margin money which may be 8 to 20 per cent of your loan amount. You must also arrange the same when applying for a loan.
  • Tenure or Period of repayment:
    Borrowers always want to pay off their loan or debts as soon as possible and opt for short tenure loans. When your loan tenure is for short period, your monthly EMI will be very high. Longer tenure is generally chosen to enhance the loan eligibility of borrower but longer the tenure greater is the cost of borrowing. If you are close to retirement, you will not be eligible for longer tenure loan. If EMI for short term is not affordable and you want to pay off your loan as soon as possible, you can consider middle path for the period of 10 to 15 years.
  • Hybrid Loan:
    When considering home loan it is important to consider interest rate. You can either consider fixed rate or fluctuating rate of interest. Fixed rate of interest remains fixed for the entire tenure of loan irrespective of change in interest. Floating rate is chosen by borrowers who expect the rates to fall in the future and want to benefit by it. A hybrid loan is a combination of fixed and floating loans. Borrower can lock a portion under fixed and leave the remaining under floating rate. It is suited for borrowers who seek to benefit from the predictability of fixed rates and at the same time want to gain from a falling rate. This loan is a blessing for borrowers who are confused about the direction of rate movements.
  • Insurance for Home Loan:
    Home loan insurance enables you to insure your loan and repay your loan in cases of accident, death, sickness or loss of job. If your home loan is insured and in future if you are unable to repay your home loan due to sickness, loss of job or death, your insurance company will payoff your loan and avoid burden of home loan. It is highly recommended for home loan insurance to ensure that your family still has a home in case of your death or sickness or loss of jobs.
  • Penalty and Charges:
    Before applying for home loan, know the rate of charges, penalty or fee charged by your lending company or bank for default in monthly EMI. Know the processing charge and in case you decide to switch your loan from current lender to new lender, current lender will charge penalty or fee for pre-closure of your loan.
  • Tax benefit:
    If you borrow your home loan from recognized lender such as banks and leading lending company, you can get tax relief on your principal amount and interest paid along with monthly EMI. If you are away from your property or city due to your business or employment, you can get tax relief for loan paid and you will be eligible for HRA provided by your employer in that city. Know more on Saving Tax from Home Loan.

Loan Eligibility

When computing loan eligibility, banks take into account the age of the applicant, his salary, repayment/credit history, savings, profession, location of property, and other debts. Some professions are categorized as negative or risky by the lenders while some jobs fall in the preferred list. As a thumb rule, the EMI for your home loan must not exceed 40 percent of your gross monthly income.

Improving Your  Loan Eligibility

When applying for home loan, you can use following methods to enhance the availability of home loan from your bank or lending company.

  • Maximum Down payment: You can enhance your loan eligibility by paying maximum down payment for the loan. This will add confidence in your bank or lending company to provide loan needed for you.
  • Clubbing Incomes: Clubbing income is simplest way to enhance loan eligibility. You can club your income with your father, mother, spouse or son and jointly apply for the loan. Clubbing income enables you to get home loan as your monthly income will increase by clubbing the income.

  • Longer Tenure: When applying for long term loan or bigger loan amount, you can opt for longer tenure. A longer tenure will make you eligible for a bigger loan for the same income level.
  • Co-applicant: Co-applicant helps you to apply for home loan. You can either apply for home loan jointly with your spouse, family members or you can apply with your friends or other relatives. Co-applicants enable both to get tax benefit and get a higher loan amount sanctioned from your bank or lender.

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Home Loan Insurance For Secure Home

Thursday, July 16th, 2009

Home loan insurance is often confused with home insurance. Home loan insurance is not insurance for your home but for your home loan. Home loan insurance enables you to make prompt payment in case you met accident, sickness or loss job.

Secure your home with home loan insurance Home loan

Home loan insurance is sold the least because home buyers consider it as expensive and complicated. The premium of home loan insurance are high if you are older, the loan amount is larger, longer repayment period or if you have already had a heart attack and in high risk category.

Home loan insurance ensures sum of money towards repayment of your loan in the event of your death, disability or loss of job resulting in loss of income. Consider that you took a home loan for Rs 10 lakhs. In two years of time you had made prompt payment of Rs 2 lakhs. At this point you met with accident resulting loss of your income. There is no other source of income to repay your loan amount. In this case, your insurance company will pay your loan. The loan is not for entire 10 lakhs but for amount remaining i.e. Rs 8 lakhs. This ensures that your family or dependents do not have to worry about the loan repayment and your home will be secure.

It is highly recommended for home loan insurance to ensure that your family still has a home, even though you failed to repay your loan in the event of your death, disability or loss of job. Home loan insurance in not mandatory for home loan but it is highly recommended.

When you get home loan insurance, ask your insurance company whether it is for death by any cause or only for death by accident. Also check whether there is a permanent disability or loss of job clause. If this clause is present, the insurance company will clear the loan in the event of your permanent disability or loss of job resulting in loss of income. Some insurance company will not offer the insurance cover if death occurs within 30 days of the start of the insurance cover and the death is due to suicide.

Sometimes home loan companies will team up with home loan insurance companies to offer insurance for home loan. You need to make good market research to find home loan insurance that suits your need and to ensure its premium can be affordable by you.

  • If it is a joint loan, two policies will have to be taken in the names of the joint applicants.

  • If you already have a home loan but no insurance either approach home loan company or approach any life insurance company for home loan insurance on your home loan.
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Get Tax Rebate from Your Home Loan

Friday, June 12th, 2009

An individual is required to pay tax if his income exceeds taxable income. Government provides tax relief for some business and individuals who invest on which deduction is available under section 80C of the income tax Act, 1961. You can avail tax relief on home loan principal amount and interest paid. Here are some tips to claim tax relief for principal amount and interest included in your EMI.

Home loan Tax savings on home loan

Deduction on principal amount

You can get tax relief on your principal amount if it is borrowed from recognized lender such as bank, financial institute or from your company where you are employed. Claim can be made for principal amount of housing loan together with other expenses such as registration fee; stamp duty etc from the financial year in which events like purchase, reconstruction, completion etc occurs. However you will not be eligible for tax relief, if principal amount is repaid before construction of your house. If you paid after completion of construction, you can claim maximum of Rs 1lakhs in a year to deduct from your taxable income.

Deduction on Interest paid

You can avail tax relief for interest paid along with your monthly EMI. You can claim your interest deduction up to Rs 1, 50,000/- .However, you need to either acquire or complete construction of property within three years from the end of the financial year in which loan is taken. Tax relief can be enjoyed if you could not occupy the house due to your business or employment and your house is not let out during the year.

Save on Tax payments with your home loan Home loan

Tax relief and HRA

If you are away from your city or property due to your business or employment and your house is not let out to anybody, you are eligible for tax relief. You can claim deduction u/s 24 for interest on capital borrowed. Principal deduction qualifies u/s80-C. If your employer is providing House rent Allowance (HRA) there would be no bar u/s 10(13A). To avail deduction on home loan and get benefit of HRA, you need to prove that you stayed in rented house in another city and house was vacant for the period.

Tax relief incase of property rented

If your property is rented for the period, you can deduct the full interest amount against income from rent.

For example, If you borrowed a loan and the interest paid along with monthly

EMI is Rs1, 65, 000/-.  Interest paid on Home loan = 165000
Rent per annum = 72000
Balance after deducting rent =165000-72000  = 93000

Write off Rs 93,000 as loss against your salary income and this will reduce your taxable income.

Tax relief is available to borrowers who are continuing or making prompt payment. If you fail to make EMI payment in time, you cannot enjoy benefit. Claim can be made from only person who borrows the loan and co-borrowers can claim to extent they repay. You need to submit the certificate issued by lending bank stating the principal amount is paid. Same can produced for deduction of home loan paid.

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Things to consider before Switching your Home Loan

Friday, June 12th, 2009

Banks and financial institutes are competing with attractive offers to encourage switching home loan. Borrowers can switch home loan to cheaper loans and save good amount in a month. Stable government has inspired and increased hope of investors and property buyers. RBI has brought down key policy rates drastically to bring balance in the economic slump and increasing borrowing.

Home loan Transfer Home loan transfer from another bank

Things to consider before switching home loan

Interest rate:

You need to check the interest rate offered by lending company before you switch your home loan. If lending company is offering marginal rate comparing to existing interest rate, do not switch your home loan in hasty. They may either increase interest rate to your existing rate when you shift or interest rate may be increase more than current rate.

Compare rate when switching home loan:

When you plan to switch your home loan to cheaper loan compare other rates such as penalty on pre-closure, processing charge for new bank, tax benefit on interest and so on. Sometimes you may end in paying more by shifting your home loan.

Benefit in retaining home loan:

Banks and financial institutes need to retain their customers to succeed in the business. They will offer best rate for existing customers to retain them. Compare the benefit you get by retaining and what you get in switching to new bank. If you get more benefit from switching home loan, best utilize the opportunity.

Shop for a deal:

Competition is market has turned blessing to borrowers and home buyers. Banks and other financial institutes offer lower interest rate to new customers rather than old or existing customers. Before switching your home loan, approach various banks with intent of transferring home loan. Some bank charges less interest but high processing or penalty charge when loan foreclosed. Choose bank which has low or nil penalty charges and processing fee.

Consent Letter from current lender:

Consent letter is nothing but letter from current lender which will have details such as loans taken, outstanding loan amount and prepayment charges if any. Once borrower gets consent letter then he can approach the new bank or potential lender for switching home loan.

Main advantage of switching a home loan is your monthly EMI will come down compare to current EMI. Do not switch your home loan frequently where you will end in paying penalty and processing fee. When switching home loan, existing lender charge penalty on pre-closure and new lender will charge some processing fee. Switch your home loan only if lender offer lower penalty fee and offer significantly lower monthly EMI.

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Home Loan Explained

Tuesday, March 17th, 2009

Home Loan Explained

Home Loan plays an important role in helping one for easy availability of dream home. There are number of banks that offer home loans for low interest rate. Home loan has some formalities starting from submitting application to disbursement of loan amount. You can keep basic documents ready for saving time and efforts.

Home Loan amount varies from person to person depending on the repayment capacity, age and income, dependents and so on. The loan is available to those who are eligible for a contract. Such as any person who is not less than 18 years, must not be insane and insolvent or bankrupt. Loans are offered to salaried individuals, professionals or businessmen or self employed individuals and NRI’s.

Stages Involved

There are mainly three stages for transferring home loan from lender to borrower. They are as follows: (more…)

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