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Microlesson · 5-min read

Charging Section 22 — Scope of House Property Income

## Section 22 — Charging Section for House Property

Annual value of any property comprising buildings and lands appurtenant thereto, of which the assessee is the owner, is chargeable under the head 'Income from House Property'.

### Two Conditions for Taxability under HP

1. There must be a House Property — any building (residential/commercial) and the land attached (garden, garage, etc.).

2. The assessee must be the owner of such property.

### Head of Income Decision Matrix

SituationHead
Rental income from residential buildingHouse Property
Rental income from commercial building (office/shop/godown)House Property
Rental income from vacant land (no building)IFOS
Assessee's business = renting residential HPHouse Property
Assessee's business = renting commercial HPPGBP
HP held as stock-in-trade by real-estate business — letoutHouse Property
Same — not letout, within 2 years from end of FY of completionNot taxable
Same — not letout, after 2 years (deemed letout)House Property
Composite rent (HP + amenities) — separable → HP portionHouse Property
Same — separable — amenities portionIFOS
Composite rent — inseparable → wholeIFOS
HP used in assessee's own businessNot taxable under HP (no notional income)

### Types of House Property

```

House Property

/ \

Letout Self-Occupied / Unoccupied

(Taxable) (Used for own residence or not let)

/ \

Max 2 properties Remaining (Deemed Letout)

→ Exempt → Taxable

```

### Special Notes

1. If house is letout for part of year and self-occupied for part of year, it is treated as Letout Property (no SOP benefit).

2. The SOP concept applies only to Individual & HUF — not to companies, firms, etc.

3. If assessee has more than 2 self-occupied properties, he may choose any 2 as SOP (exempt); the rest are deemed letout (taxable).

Worked example

### Example 1

Example 1: Mr. A owns 3 houses, all used for own residence. He may treat any 2 as SOP (exempt) and the third as deemed letout (taxable on basis of expected rent).

### Example 2

Example 2: Mr. B owns a godown, lets it out, and earns ₹ 5,00,000 rent. Even though commercial, rental income is taxable under House Property (because his business is not letting of HP).

⚠️ Common exam mistakes

  • Taxing vacant land rent under House Property — should be under IFOS.
  • Treating partly-letout-partly-SOP property as SOP — it is letout for the whole year.
  • Allowing SOP exemption to companies/firms — only Individual & HUF eligible.
  • Allowing only 1 SOP — now up to 2 SOPs are permitted as exempt.
  • Not taxing 'deemed letout' property held as stock-in-trade after 2 years from end of FY of completion.
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