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Microlesson · 5-min read

Building Expenses [Section 30] & Apportionment [Sec. 38(1)]

## Deduction for Building Expenses [Section 30]

Section 30 allows deductions for premises used for business or profession, with different rules depending on whether the assessee is a tenant or the owner.

### A. Building occupied as a tenant

  • Rent paid is allowed.
  • Cost of actual repairs borne by the tenant/lessee.
  • Property taxes (subject to Sec. 43B — allowed on actual payment), insurance, and other premises-related expenses.

### B. Building owned by the assessee

  • No deduction for notional rent — there is no opportunity-cost deduction for using your own building.
  • A firm can claim rent paid to a partner for premises taken on rent, provided the rent is reasonable and not excessive.
  • Repairs incurred by the owner are allowed.
  • Property taxes (subject to Sec. 43B), insurance, and other premises-related expenses.

### C. Capital-nature expenses

  • Repairs of a capital nature (owner or tenant) are NOT deductible under Sec. 30.
  • Instead they are added to the block of assets as additions, and depreciation can be claimed.

### D. Premises used partly for business [Sec. 38(1)]

  • Only the proportionate share relating to business use is deductible.
  • If a house property is used partly for business, the actual repairs proportionate to business use can be claimed.

> Key contrast — HP vs PGBP: Under House Property, the repairs deduction is a flat 30% (standard deduction). Under PGBP (Sec. 30), only actual repair expenses are allowed.

Worked example

### Example 1

Tenant repairs vs capital: A tenant spends ₹40,000 on routine whitewashing and minor repairs (revenue) and ₹2,00,000 constructing an additional cabin (capital). → ₹40,000 is deductible u/s 30; the ₹2,00,000 is capitalised to the block of assets and only depreciation is claimed.

### Example 2

Partly business use: An assessee uses a building 60% for business and 40% as residence. Property tax of ₹50,000 and repairs of ₹30,000 are incurred. → Deduction u/s 30 (read with Sec. 38(1)) = 60% × (₹50,000 + ₹30,000) = ₹48,000.

⚠️ Common exam mistakes

  • Claiming notional rent for using one's own premises — not allowed.
  • Claiming capital repairs as a revenue deduction under Sec. 30 instead of capitalising them and claiming depreciation.
  • Applying the flat 30% House Property repairs deduction to PGBP — under PGBP only actual expenses are allowed.
  • Forgetting that property taxes are deductible only on actual payment (Sec. 43B).
Reference: Section 30; Section 38(1) — Income-tax Act, 1961
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