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Can you claim home loan interest tax benefits before possession?

Can you claim home loan interest tax benefits before possession?

Understanding home loan interest before possession

When you avail of a home loan, the lender charges interest on the loan amount. The interest is calculated on a reducing basis at a pre-agreed interest rate, generally expressed as a percentage per annum. For example, if you take a home loan of Rs. 50 lakhs at 8% per annum interest rate for 20 years, your total interest would be Rs. 50,37,281.

A portion of the EMI (Equated Monthly Installment) you pay each month goes towards repaying the principal, while the remaining portion goes towards interest. In the initial years, a larger share of your EMI goes towards interest payments, while in later months, more of it covers the principal.

But what if you’ve taken a home loan to buy an under-construction property? Do you still pay interest on your home loan before possession? The answer is “Yes”. It’s because in such a case, the loan amount is disbursed in stages as the construction progresses. The lender starts charging interest on the amount disbursed from the date of each disbursement. Your EMIs start right after the first disbursal and typically include only the interest component. These EMIs are known as pre-EMIs.

It means that you begin paying interest on your home loan even before the home possession. The possession date in a home loan refers to the day when the builder officially hands over the fully constructed property to you. Here’s how the interest is calculated during the pre-possession period:

  • The lender calculates interest based on the amount disbursed to the builder at various stages of construction.
  • The interest is charged only on the total amount disbursed to date and not on the fully sanctioned amount.
  • As construction progresses and more funds are released, your pre-EMI amount gradually increases.

Tax benefits on home loan interest

A home loan not only helps you buy your dream house without worrying about finances but also makes you eligible for certain tax benefits under the Indian Income Tax Act. Key provisions include Section 24(B), which covers interest deductions, and Section 80C, which allows deductions for principal repayments.

  • Section 24(B): As per Section 24(B) of the Income Tax Act of 1961, you can claim a deduction of up to Rs. 2 lakhs per financial year for paying home loan interest for a self-occupied property. In case you’ve rented your property, you can claim full interest paid as a deduction without any upper limit.
  • Section 80C: Section 80C of the Income Tax Act allows you to claim the amount paid towards the repayment of the principal amount of a home loan as a tax deduction. The maximum deduction allowed in a financial year is Rs. 1.5 lakh.

A pertinent question that often worries homebuyers is, “Can I claim home loan interest before possession?” The answer is “No”. You cannot claim home loan interest as a tax deduction under Section 24(B) until you get possession of your house. But that does not mean you won’t get any tax benefits on interest paid before possession.

Although you cannot claim tax benefits before possession, you can do so later once you receive possession of your house. Here’s how:

1. Calculate the total pre-construction interest

Sum up the total amount of interest paid on your home loan during the pre-construction period. This interest is calculated from the date of first disbursal until the property’s possession date.

2. Divide it into five equal parts

Divide your total pre-construction interest into five equal installments. You can claim them as tax deductions from the year you get possession.

3. Claim tax deduction under Section 24(B)

Add the first installment of your pre-construction interest to the regular home loan interest and claim it as a tax deduction under Section 24(B). The maximum deduction allowed in a financial year is Rs. 2 lakhs (including current year interest + pre-construction interest).

The table below summarizes the difference between principal and interest claims before and after possession:

Component for Tax DeductionBefore PossessionAfter Possession
Principal repaymentNot eligible for tax deduction under any section.Available for tax deduction under Section 80C (up to Rs. 1.5 lakh)
Interest repaymentCannot be claimed before possession. A claim can only be made after possession in five equal instalments.Available for tax deduction under Section 24(B) (up to Rs. 2 lakhs)

Pre-construction vs post-possession home loan interest

Now that you know the rules and process to claim tax deductions for pre-construction and post-possession home loan interest are different, you might want to know more about these two terms. When you take a home loan to buy an under-construction property, your EMIs often begin before you receive the keys. The interest that you pay before the possession date is known as pre-construction interest. Whereas the interest you pay through your home loan EMIs after possession is called post-possession home loan interest.

Let’s break down the differences between these two terms and their tax implications:

  • Pre-construction interest

Pre-construction interest on a home loan refers to the interest paid between the date of borrowing and 31st March immediately preceding the year of possession. For example, suppose the first installment of your home loan was disbursed on 25th August 2021, and you received possession of your house on 14th June 2025. The interest paid on your home loan between 25th August 2021 and 31st March 2025 shall be known as pre-construction interest.

You cannot claim tax benefits for this interest in the year it was paid. However, you can add your total pre-construction interest and claim it in five equal installments from the financial year in which you receive possession.

  • Post-possession interest

Once you receive possession of your house, your regular EMIs begin. The interest you’ll pay from the possession date in a home loan will be known as post-possession interest. This amount is available for tax deductions under Section 24(B), up to Rs. 2 lakhs per financial year.

Also,Read- Home Loan Interest Deduction Under Section 24

Documents required to claim home loan interest before possession

Although you cannot claim home loan interest as tax deductions before possession, you can do so once you’ve finally received the keys to your new home. The date of possession in a home loan officially marks the start of your property ownership and your eligibility to enjoy tax benefits under sections 24(B) and 80C.

To claim these deductions, you’ll need to submit certain documents to the Income Tax Department. They are necessary to establish property ownership, loan repayment, and possession. Here are the key documents required:

  • Possession letter or possession certificate for home loan

A possession letter for a home loan is one of the most crucial documents required for claiming tax deductions, as they are issued only after possession. It is issued by your builder or housing authority and marks the date when the property was officially handed over to you.

  • Loan statements from the lender

You may also have to submit loan statements obtained from your home loan lender to claim tax deductions. This document serves as proof of the interest paid during the pre-construction period.

  • Interest certificate

You can also obtain an interest certificate from your lender and submit it as proof of the pre-construction home loan interest you’ve already paid.

  • Other approvals from the lender/developer

Additional documents, such as the loan agreement, sale agreement, no objection certificate, etc., may also be required.

Also,Read – How Much Tax Can Be Saved Under Sections 80C, 80D, and 80G?

How to claim tax deduction on pre-construction home loan interest?

Now you very well know the answer to this question: “Can I claim home loan interest before possession?” The Income Tax Act does not allow home loan tax benefits before possession. However, you can claim your pre-construction interest as a tax deduction in five equal installments once you have the possession certificate in your hand.

Here is the step-by-step guide to claim tax deduction on your pre-construction home loan interest:

1. Wait until you receive the possession

Tax deduction on pre-construction interest is available only after possession. Once you have the possession letter in your hand, you can start claiming this benefit.

2. Sum up your total pre-construction interest

Calculate the total pre-construction interest you’ve paid from the date of borrowing the loan till the 31st March immediately before the financial year in which you receive possession.

3. Divide your pre-construction interest into five equal parts

You cannot claim the entire pre-construction interest in a single financial year. Instead, you can divide it into five equal installments and claim each installment for the next five years. For example, if your total pre-construction interest is Rs. 1 lakh, you can claim Rs. 20,000 per financial year for five years, starting from the year in which you receive possession.

4. Claim tax deduction under Section 24(B)

Add the first installment of your pre-construction interest to this year’s regular home loan interest and claim it as a tax deduction under Section 24(B) while filing your Income Tax Return (ITR).

5. Understand the maximum deduction limit

The maximum tax deduction allowed in a financial year for a self-occupied property is Rs. 2 lakhs. This limit includes pre-construction interest as well as the current year’s regular interest. However, if you have rented your property, no such limit applies.

6. Maintain proper documents

The income tax department may ask you to submit proper documents (mentioned above) to validate your claim. Keep all these documents ready for tax filing and any future verification.

Possession delays: Tax implications and solutions

By now, you have understood the role of possession date in a home loan. It represents the time from which you can start claiming your pre-construction interest as tax deductions under Section 24(B). Unnecessary delay in handover or possession not only impacts your eligibility to claim these deductions but also exposes you to several other complications.

Let’s have a look at the delayed possession tax benefit implications and their potential solutions:

  • Delay in claim

Under Section 24(B) of the Income Tax Act, you can claim deductions on interest paid only after a possession certificate for the home loan is issued. If possession is delayed, you cannot immediately claim interest deductions and may lose out on potential tax benefits.

  • Reduction in the maximum deduction allowed

A maximum deduction of Rs. 2 lakhs under Section 24(B) is allowed only if the construction of the property for which you have taken the loan is completed within five years. In case the construction extends beyond this period, the maximum deduction limit drops to Rs. 30,000.

However, the Real Estate (Regulation and Development) Act of 2016 protects you from incurring financial losses due to unnecessary possession delay. You can file a complaint with the RERA authority and seek compensation from the builder or developer.

Here are some practical tips to safeguard tax benefits:

  • Always obtain a possession certificate for a home loan from the builder
  • Keep track of all pre-construction interest payments
  • Do not forget to claim tax deductions on pre-construction interest after possession
  • Seek clarifications from your builder if it delays possession
  • If required, do not hesitate to approach RERA

Also, Read- Home Loan Tax Benefits for Under Construction Property

Conclusion

Understanding pre-construction interest on a home loan and its tax implications is crucial. As a homebuyer and borrower, you must be aware of your rights and responsibilities. With a little diligence, you can not only save taxes but also avoid unwanted hassles in the future.

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FAQs

Can I claim the entire home loan interest paid before possession in one go?

No. You cannot claim the entire home loan interest paid before possession in one go. Instead, you can divide it into five equal parts and claim each part for the next five financial years, starting from the year in which you’ve received possession.

Is a possession certificate mandatory to claim home loan interest tax benefits?

Yes, a possession certificate is mandatory to claim home loan interest tax benefits. It serves as official proof that the property is ready for occupancy and has been handed over to you. Without this document, you cannot claim deductions on the home loan interest under Section 24(B).

What happens if the possession date keeps getting repeatedly delayed?

You cannot claim tax deductions for pre-construction interest until you get possession of the property. Moreover, if possession is delayed for more than five years, you won’t be able to claim a deduction of more than Rs. 30,000 under Section 24(B). So, if your builder is repeatedly delaying possession, your best option is to approach RERA.

Can I claim tax benefits on the principal amount before possession?

No. You cannot claim tax benefits on the principal amount before possession. Tax deductions on home loan principal repayment are allowed only after possession under Section 80C of the Income Tax Act.

Does claiming a tax benefit before possession require EMI to start?

Technically, you can claim tax benefits under sections 80C and 24(B) only if you are paying your home loan EMIs. It’s because these benefits are available against the repayment of your home loan principal and interest, which form the components of your EMIs.

Can I claim tax deductions if I took the home loan from a friend or relative?

Yes. You can claim the interest component of your home loan taken from a friend or relative as a tax deduction under Section 24(B) of the Income Tax Act. However, you cannot claim deductions on the principal repayment component under Section 80C.