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Microlesson · 5-min read

Circumstances when notional income is charged to tax

## When Is Notional (Deemed) Income Charged?

House property is the one head where tax can fall on income you never actually receivednotional income measured by Expected Rent (ER). The four standard situations:

#CircumstanceTaxability as notional income
1More than 2 SOPs/UOPsAny 2 (owner's choice) → NAV = Nil; the rest are deemed let-out with ER as GAV.
2Let-out for full year, ER > Actual RentER is taken as GAV (not the lower actual rent).
3Let-out with part-year vacancy, ER > Actual Rent (shortfall NOT due to vacancy)ER for the whole year is taken as GAV.
4Property held as stock-in-trade, not let outIf un-let beyond 2 years after completion, ER is GAV from the 3rd year onwards.

Reading the table: notional income arises whenever the law substitutes Expected Rent for a lower (or nil) actual figure — because there are more than 2 self-occupied houses, because actual rent falls short of ER for reasons other than vacancy, or because unsold stock has crossed its 2-year grace period.

Worked example

### Example 1

Stock-in-trade beyond grace period: A developer's flat received its completion certificate in FY 2023-24 and remains unsold and un-let. NAV is Nil for FY 2024-25 and FY 2025-26 (2 years from end of FY 2023-24). From FY 2026-27 (the 3rd year) Expected Rent becomes the GAV and is charged as notional income.

⚠️ Common exam mistakes

  • Charging actual rent instead of Expected Rent when ER exceeds actual rent in a full-year let-out — the higher ER governs.
  • Continuing the Nil annual value on unsold stock-in-trade beyond the 2-year window — from the 3rd year ER is charged.
  • Confusing a genuine vacancy shortfall (Sec 23(1)(c), no notional charge) with a non-vacancy shortfall (notional ER charged for the whole year).
Reference: Section 23(1)(b), 23(4), 23(5) — Income-tax Act, 1961
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