₹ TaxSetu 2025
Real Estate

Second House Tax from 2026 — No More Deemed Rent

For decades, owning two houses meant paying tax on rent you never received. The Finance Act 2025 quietly ended that: you can now claim TWO self-occupied houses as nil. Here's the before-after math on a real Mumbai example.

The old pain — Suresh's Thane flat
Suresh lives in Dadar and owns an empty flat in Thane (kept for his ageing parents' future move). Under the old rule, only ONE house could be self-occupied — the Thane flat was 'deemed let out' at a notional rent of ₹3,60,000/yr. After 30% standard deduction (₹1,08,000) and ₹1,50,000 home-loan interest, he paid tax on ₹1,02,000 of imaginary income — roughly ₹31,000 of real tax on rent nobody paid him.

What changed (Finance Act 2025, AY 2025-26 onwards)

The annual-value section (old Sec 23) now lets a taxpayer claim two houses as self-occupied with nil annual value — with no extra conditions attached. Suresh's Thane flat drops from ₹1,02,000 taxable to zero. No deemed rent, no notional maths, no conditions to satisfy.

SituationOld ruleNew rule (2025-26+)
1 house, self-occupiedNilNil (unchanged)
2 houses, both self-occupied2nd deemed let-out (tax on notional rent)Both nil
3+ housesAny 1 nil, rest deemed let-outAny 2 nil, rest deemed let-out
Actually rented outReal rent taxable (30% + full interest)Unchanged — real rent always taxable

Conditions (short, but real)

  • Genuinely self-occupied: you (or family) actually use it as a residence — or it sits vacant for genuine reasons like a job posting elsewhere. A flat secretly earning rent while claimed 'self-occupied' is misreporting, and the crackdown-era portal cross-checks rent receipts against owners.
  • No rent received: even one month's rent in the year breaks self-occupied status for that house.
  • Interest cap: home-loan interest on self-occupied houses is capped at ₹2,00,000 TOTAL across both houses (old regime). Let-out houses keep full interest deduction against rental income.
  • New regime: no interest deduction for self-occupied property — but the nil annual value still applies, so no deemed-rent tax either.

Paperwork for 2026-27

In the ITR house-property schedule, mark both houses self-occupied (annual value nil) and split the interest within the ₹2L cap. If you quote section numbers on 2026-27 paperwork, use the 2025 Act mapped number for the annual-value section (old Sec 23) — the mapping page below has the full conversion.

By TaxSetu Editorial Team · Last reviewed: 7 October 2026

Based on the Income-tax Act 2025, Income Tax Rules 2026 and CBDT notifications; sections per the Income-tax Act 1961 (as amended) with 2025-Act mappings where notified · Verify on the official portal: incometax.gov.in

Keep Reading

Frequently Asked Questions

Two — from AY 2025-26, both can be claimed with nil annual value and no conditions. A third house is still deemed let-out.

Total — home-loan interest on self-occupied houses is capped at ₹2,00,000 across both houses combined (old regime).

Yes for annual value — no deemed-rent tax in either regime. But self-occupied interest deduction stays old-regime-only.

Then it is let-out, not self-occupied: real rent is taxable with 30% standard deduction plus full interest deduction.

Only one house could be self-occupied; the second was taxed on notional (imaginary) market rent even when empty.