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Microlesson · 5-min read

Reverse Mortgage — Exemption [Sec 47(xvi) & 10(43)]

## Reverse Mortgage [Section 47(xvi) read with Section 10(43)]

### What is a reverse mortgage?

A senior citizen mortgages their house property to a scheduled bank or housing finance company (HFC) in exchange for a lump sum or regular income. The borrower continues to live in the house and is not required to repay the loan during their lifetime.

### Key features

FeatureRule
Loan limitUp to 60% of the value of the mortgaged house property
RevaluationProperty is revalued every 5 years by the bank / HFC
Permitted useRenovation/extension of the residential property, or medical/emergency family expenses — NOT for speculative or trading purposes
DisbursementLump sum or periodic payments (monthly/quarterly/annually); OR routed through an Annuity Sourcing Institution (e.g. LIC / IRDA-registered insurer) which makes periodic annuity payments to the mortgagor
Maximum tenure20 years from the date of agreement, or as per annuity terms
Recovery of loanAfter the borrower's death, loan + interest is recovered by selling the house; any excess is paid to legal heirs
Legal heirs' preferenceHeirs may repay the loan + interest to reclaim the property before it is sold

### Tax treatment (two exemptions working together)

  • Section 47(xvi): The transfer of the house under a reverse mortgage is not regarded as a transferno capital gains tax.
  • Section 10(43): The loan amount received (whether lump sum or in instalments) is exempt from income tax.

Memory hook: Reverse mortgage = the senior citizen gets money but pays no tax — neither capital gains (47(xvi)) on giving the house as security, nor income tax (10(43)) on the money received.

Worked example

### Example 1

Reverse mortgage income: A 70-year-old mortgages his house (value ₹1 crore) and receives ₹30,000 per month as annuity through an IRDA-registered insurer. The monthly receipts are exempt under Section 10(43), and mortgaging the house is not a transfer under Section 47(xvi) — so no capital gains and no income tax during his lifetime.

⚠️ Common exam mistakes

  • Treating the monthly/lump-sum reverse mortgage receipts as taxable income — they are exempt under Sec 10(43).
  • Treating the mortgage of the house as a taxable transfer — it is excluded under Sec 47(xvi).
  • Assuming the loan can be used for any purpose — it cannot be used for speculative or trading purposes.
  • Confusing the 60% loan limit with the full value of the property.
Reference: Section 47(xvi) and Section 10(43) — Income-tax Act, 1961
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