Skip to main content
✓ Verified — Income-tax Act 2025, Sections 194 & 72
Income Tax

House Property Loss Set-off Under Old Act vs New Act: Checklist, Due Dates & Common Mistakes

Reviewed by CA Nikhil Gupta · Last reviewed 26 September 2026

Corrected 26 September 2026: the earlier version cited wrong Income-tax Act 2025 sections (194, 72, 155), overstated the self-occupied interest deduction (the ₹2 lakh cap covers all self-occupied houses together and any excess is not carried forward), said a late return forfeits the house-property loss (Section 121 does not list it), and gave the wrong return due date for salaried taxpayers.

House Property Loss Set-off Under Old Act vs New Act
By CA Nikhil Gupta Updated Jun 2026 Income-tax Act 2025 Home Loan

Millions of home loan borrowers use house property loss — created by home loan interest exceeding rental income — to reduce their salary tax. The Income-tax Act 2025 retains this mechanism but renumbers the sections and tightens regime interaction. The ₹2 lakh annual cap on set-off against other income heads is unchanged. What has changed is how you elect the old regime to access this benefit from Tax Year 2026-27 onwards. This guide provides the full comparison, worked examples, and a filing checklist.

Use the Income Tax CalculatorModel the tax impact alongside this guide.
Open Calculator

The Core Rule — Same Limit, New Section Numbers

Under both the old Act and the new Act, a taxpayer who suffers a loss under "Income from House Property" (due to home loan interest exceeding net rent or self-occupied property deemed value) can set off this loss against income from other heads — but only up to ₹2 lakh per year. The balance unabsorbed loss carries forward for 8 years.

ParameterOld Act — SectionNew Act (2025) — SectionAmount/Rule
Self-occupied property — interest deductionSection 24(b)Section 22(1)(b) and 22(2)(a)Max ₹2L per year for all self-occupied houses together (₹30,000 if the acquisition-within-5-years and lender-certificate conditions are not met)
Let-out property — interest deductionSection 24(b)Section 22(1)(b)Actual interest (no cap in this section; set-off against other heads is limited to ₹2L)
Standard deduction on NAVSection 24(a)Section 22(1)(a)30% of the annual value (Section 21)
HP loss set-off cap vs other headsSection 71(3A)Section 109(1)(b)₹2L per year
Carry forward of unabsorbed HP lossSection 71BSection 1108 years — HP income only
HP loss set-off in new concessional regimeSection 115BAC(2)(i)Section 202 (default regime)NOT ALLOWED
🚨
New Regime = No House Property Loss Set-off: Under the new concessional tax regime (now the default from Tax Year 2026-27 under the Income-tax Act 2025), you CANNOT set off house property loss against salary or any other income. You also cannot claim the ₹2L self-occupied property interest deduction. To access both, you must explicitly opt for the old regime by filing Form 124 (investment declaration to employer) at the beginning of Tax Year 2026-27 (if salaried) or with your ITR (if non-salaried).
Related Calculator
Income-Tax Loss Set-Off and Carry-Forward Checker
Open Calculator →

How House Property Loss Is Created — A Refresher

House property loss arises when deductions under the house property head exceed the taxable rent (or zero, for self-occupied properties):

  • Self-occupied property: Annual value is deemed nil (₹0). But interest on home loan is allowed as deduction up to ₹2L. This creates a loss of up to ₹2L per year which can be set off against salary.
  • Let-out property: Gross rent minus municipal taxes gives Net Annual Value (NAV). Minus 30% standard deduction and actual home loan interest. If result is negative — house property loss.
  • Two self-occupied properties: Under the new Act, you can treat up to two houses as self-occupied, each with a nil annual value (Section 21(6) and (7)). The interest deduction for all self-occupied houses together is capped at ₹2L (Section 22(2)) — the cap is not ₹2L per house.

Worked Example — Home Loan Borrower, Tax Year 2026-27

Priya earns ₹18,00,000 salary. She has a home loan on her self-occupied flat with annual interest of ₹2,80,000. She opts for the old tax regime by filing Form 124 (investment declaration to employer).

CalculationAmount (₹)
Gross salary income18,00,000
Standard deduction (Section 19 — ₹50,000 where the Section 202 regime is not used)(50,000)
Net salary17,50,000
House property income — self-occupied (annual value = nil)0
Less: Home loan interest allowed (₹2,80,000 paid, capped at ₹2,00,000 for a self-occupied house — Section 22(2))(2,00,000)
House property loss(2,00,000)
HP loss set off against salary (within the ₹2L limit in Section 109)(2,00,000)
Adjusted gross total income15,25,000
Less: 80C deductions (PF, PPF, LIC etc.)(1,50,000)
Net taxable income14,00,000
Interest above the cap (₹2.8L − ₹2L)₹80,000 — not allowed and not carried forward

Case Study: Ankit's Two Properties — Old Regime vs New Regime Math

Senior Engineer, Hyderabad — Two Home Loans, Tax Year 2026-27

Ankit earns ₹25L salary. He has two home loans: flat A (self-occupied) with ₹2.4L interest, flat B (let-out at ₹14,400/month = ₹1,72,800/year) with ₹2.8L interest.

Old Regime (Form 124 (investment declaration to employer) opted):

  • Flat A: HP loss = ₹2L (interest of ₹2.4L capped at ₹2L for a self-occupied house; the ₹40,000 above the cap is not allowed and is not carried forward)
  • Flat B: NAV = ₹1,72,800 − 30% (₹51,840) = ₹1,20,960 − ₹2,80,000 interest = HP loss of ₹1,59,040
  • Total HP loss = ₹2L + ₹1.59L = ₹3.59L. Set-off cap = ₹2L only. Carry forward: ₹1.59L
  • Taxable income after set-off: ₹25L − ₹50K standard deduction (old regime) − ₹2L = ₹22.5L. Tax ≈ ₹5.07L including 4% cess, before any 80C, 80D or HRA claim
Old Regime Tax
~₹5.07L
New Regime Tax (no HP loss)
~₹3.20L

Despite two home loans, Ankit's total tax is lower in the new regime because the new-regime slabs (nil up to ₹4 lakh, then 5% to 30% — Section 202) and the higher ₹75K standard deduction outweigh the HP loss benefit. Add ₹1.5L under 80C, health insurance and HRA to the old-regime side and the gap narrows. This is the emerging reality for most borrowers with loans below ₹50L at ~9% interest.

When House Property Loss Set-off Still Makes Old Regime Better

The old regime with HP loss set-off outperforms the new regime when:

  • High loan outstanding: Large interest payments (above ₹2.4L/year), especially in early years of a high-value loan
  • Multiple deductions stack up: HRA + 80C + 80D + home loan interest together create significant old-regime benefit
  • Let-out property: Actual interest on let-out is unlimited deduction — rental income is low, creating a large HP loss
  • Effective tax benefit calculation: HP loss benefit = ₹2L × your marginal tax rate. At 30% slab = ₹60,000 tax saving per year.

Common Mistakes to Avoid — Tax Year 2026-27

MistakeConsequenceCorrect Approach
Filing in new regime without realising HP loss is not allowedMiss ₹2L set-off — excess tax paidCompare regimes; opt old via Form 124 (investment declaration to employer) if beneficial
Claiming ₹2.8L interest instead of ₹2L cap for self-occupiedExcess interest is disallowed on processing or in scrutinyClaim at most ₹2L for all self-occupied houses together; the excess is not carried forward
Not filing the return by the due dateA late return does not by itself forfeit a house-property loss (Section 121 lists only capital, business, speculation, specified-business and race-horse losses), but the loss must be computed in a return, and late-filing fee and interest applyFile by the Section 263(1) due date — 31 July 2027 for salaried taxpayers for Tax Year 2026-27
Claiming HP loss set-off without interest certificate from bankDeduction disallowed in scrutinyObtain the lender's provisional or final interest certificate before filing
Two self-occupied properties — claiming ₹2L interest on eachThe ₹2L cap applies to both together — excess interest disallowedClaim at most ₹2L in total across all self-occupied houses (Section 22(2))

Due Dates Relevant to HP Loss Claims — Tax Year 2026-27

EventDate
Form 124 submission to employer (old regime opt-in with deduction claims)April 2026 / on joining
Advance tax 1st instalment (if HP income/loss changes total liability)15 June 2026
Advance tax 2nd instalment15 September 2026
Advance tax 3rd instalment15 December 2026
Advance tax 4th instalment15 March 2027
ITR filing due date, Tax Year 2026-27 (Section 263(1))31 July 2027 for salaried and other non-business individuals; 31 August 2027 for non-audit business or professional income
Belated/revised ITR deadline31 March 2028

House Property Loss — Key Takeaways

  • ₹2L annual cap on HP loss set-off against other income — unchanged in new Act (Section 109(1)(b))
  • Only available under old regime — must opt via Form 124 (investment declaration to employer)
  • Let-out property: actual interest (unlimited) but loss set-off still capped at ₹2L
  • Balance HP loss carries forward 8 years — set off only against HP income
  • ITR due date for Tax Year 2026-27: 31 July 2027 for salaried taxpayers (31 August 2027 only for non-audit business or professional income) — collect the lender's interest certificate early
  • Compare regimes: for most borrowers with loans under ₹50L, new regime may be cheaper despite losing HP loss

Frequently Asked Questions

Yes — but only under the old tax regime (opt in via Form 124 (investment declaration to employer)). The cap is ₹2L per year (Section 109(1)(b) of the new Act). The balance loss carries forward for 8 years. Under the new concessional regime (default), house property loss cannot be set off against salary at all.
Section 22(2)(a) of the new Act retains the ₹2L annual cap on home loan interest deduction for self-occupied properties (all such houses together) — available only under the old regime. In the new concessional regime, no such deduction is available. For let-out properties, actual interest is deductible (no cap) but total HP loss set-off against other income remains limited to ₹2L/year.
8 years — identical to the old Act. The carried-forward loss can only be set off against house property income in future years, not against salary, capital gains, or business income. Unlike capital, business or speculation losses, Section 121 does not make timely filing a condition for carrying forward a house-property loss (Section 110) — but the loss must still be computed in your return, so file on time (31 July 2027 for salaried taxpayers) and avoid the late-filing fee and interest.
Home / Insights / Income Tax
More on Income Tax
Browse all Income Tax articles →
Related Articles
Income-tax Act 2025 for Professionals Using 44ADA (Now New Income Tax Act 2025 Filing Calendar for Employers and New Act Impact on Charitable Hospital and School Trusts New Act Impact on Rental Income From Co-living Properties New vs Old Regime Break-even for Parents Paying Insurance

Source and review trail

Use the current official instrument, portal or regulator publication before acting. This panel separates the category authority from page-specific references.

Primary category
Income Tax
Official starting point
www.incometax.gov.in

Page source links

The prior page did not embed a page-specific external source. The category authority above is the minimum verification starting point; a specific instrument should be added when available.

Primary sources & related provisions

Statutory provisions referenced in this guide:

Calculate this

Work the numbers for this topic with a Finin2min tool.