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Under-construction property: Claiming home loan tax benefits

Paying EMIs on an under-construction flat? You cannot deduct interest yet. Learn the possession rule and how pre-construction interest unlocks in 5 instalments.

4 min read · 2026-06-15

The waiting game for tax benefits

Buying an under-construction home means you start paying EMIs (or pre-EMIs, where you pay only interest) long before you get the keys. Can you claim tax deductions while it is still being built?

No. You cannot claim home loan deductions until you have possession. Under the Old Regime, both Section 24b (interest) and the 80C basket (principal) need the house to be complete and in your hands.

The number to remember

Pre-construction interest is claimed in 5 equal annual instalments after possession, within the ₹2 lakh self-occupied cap (Source: Section 24(b), Income Tax Act).

PhaseInterest treatment
During constructionAccumulated, not claimable yet
After possession1/5th per year for 5 years

What happens to what you pay

The 5-instalment rule

Once you receive the possession certificate, add up all interest paid during construction and claim it in 5 equal yearly instalments, starting the year construction completed. Each instalment is added to your regular current-year interest, and the total still respects the ₹2 lakh self-occupied cap.

What you should do

  1. Keep every annual interest certificate from the construction years — you will need them all later.
  2. Note the financial year of possession; that is when the 5-year clock starts.
  3. Do not try to claim principal paid before possession — it does not qualify.

Common mistake

Claiming interest during construction. It feels unfair, but current-year claims before possession are disallowed and can trigger a defective-return notice.

How LastMinute ITR helps

The 5-instalment maths is easy to get wrong. LastMinute ITR calculates it from your loan and possession dates, places the figure in your home loan deductions, and compares old vs new regime, since these benefits need the old regime. You file and e-verify on incometax.gov.in.

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Under-construction property: Claiming home loan tax benefits · LastMinute ITR