Content:
What is Section 80IBA of Income Tax Act?
All the projects approved and meeting the conditions prescribed under Section 80IBA, are entitled to claim a deduction of 100% of the profits, with respect to the project approved. This benefit is available, only if the concerned housing project has been approved (by competent authority) between June 1, 2016 and March 31, 2022. The time period prescribed here, is applicable for obtaining the approvals for the project and not for commencement of the construction, or completion of construction for the project.
Eligibility for Section 80IBA deduction:
There are certain conditions that the developer has to satisfy, for availing the benefit of 100% tax-free income:
The carpet area of the Shops or other commercial establishment in the project, should not exceed 3% of the aggregate of carpet area of the project.
The projects are required to be completed within five years, from the date of the approval of the authority concerned.
The approval is deemed to have been granted when the plan is first approved, irrespective of the number of times the same has been revised later on.
The project, for the purpose of availing of the benefits, is deemed to have been completed when the certificate of completion has been obtained in writing, from the approving authority of the area. So, if the developer is not able to obtain the completion certificate before completion of five years, he will not be entitled to this deduction and the deduction if any claimed in earlier years, shall be reversed and will become taxable in the year in which the period of five years expires.
There can be only one project on the plot of land earmarked for the housing project.
Only one flat can be allotted to one family comprising of the husband, wife and minor children.
The developer has to maintain separate books of accounts for the housing project, for availing of the deduction under this section.
Area of the unit and plot:
Plot
The area of the plot of land for the housing project that are approved, the size of the plot of land should be a minimum of 1,000 sq metres (10763.9 Sq Feet) for projects situated within the municipal limits of the four metro cities and a minimum of 2,000 sq metres (21527.82Sq Feet) for projects in the rest of India.
unit
The maximum size (carpet area) of the unit that can be constructed, should be 60 sq metres (645.835 sq feet) and 90 sq metres (968.752 sq feet), for metros and non-metros, respectively.
Price of the affordable housing unit:
The maximum value the dwelling units to be constructed for being eligible under this section, for projects approved after September 1, 2019, shall be restricted to Rs 45 lakhs as per the stamp duty rates, irrespective of the rate at which the developer sells them to the customers.
Floor Space Index utilisation:
For projects under this section, there is a requirement that at a minimum of 90% of the available FSI should be used for plots in metro cities and 80% of the available FSI should be used for plots in non-metro cities
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