ESOP Taxation in India: Perquisite Tax, Capital Gains, and the Startup Deferral (2026)
ESOP taxation in India explained: perquisite tax at exercise, capital gains at sale, the Section 80-IAC deferral, and dual taxation for cross-border employees.
Section 24(b) allows a deduction for interest paid on a home loan, capped at ₹2,00,000 per year for self-occupied property under the old tax regime, with no equivalent deduction available for self-occupied property under the new tax regime.
Section 24 of the Income Tax Act, 1961 deals with deductions allowed against income from house property. Section 24(b) specifically allows a deduction for interest paid on borrowed capital used for the purchase, construction, repair, renewal or reconstruction of a house property. The deduction is one of the largest individual tax breaks available to a salaried Indian, and historically was a key driver of home ownership in metros.
Section 24(b) operates differently for self-occupied and let-out property. For self-occupied property, the deduction is capped at ₹2,00,000 per year and is available only under the old tax regime. For let-out property, the entire interest is deductible against rental income with no cap, but the overall house property loss available for set-off against salary in the same year is restricted to ₹2,00,000 by Section 71.
To claim Section 24(b), all of the following must apply:
The interest can be claimed even if the property is in the joint name of spouses. Each co-owner who is also a co-borrower can claim Section 24(b) up to ₹2 lakh in their own return — effectively ₹4 lakh for a couple — provided each contributes to the EMI.
| Property type | Old regime cap | New regime cap |
|---|---|---|
| Self-occupied (loan post-1 April 1999, construction within 5 years) | ₹2,00,000 | Not available |
| Self-occupied (loan pre-April 1999 or construction beyond 5 years) | ₹30,000 | Not available |
| Let-out property | No cap on interest, ₹2 lakh set-off cap on overall house property loss | No cap on interest, but loss not set off against salary; carried forward only |
Pre-construction interest: Interest paid during the construction period (before the property is ready for possession) is allowed in five equal annual instalments starting from the year of completion, subject to the overall ₹2 lakh self-occupied cap. So the ₹2 lakh ceiling effectively includes both current-year interest and the relevant fifth of pre-construction interest.
Consider Vikram, who took a ₹60 lakh home loan at 9% in April 2024 for a self-occupied flat in Pune. His annual interest in FY 2025-26 is approximately ₹5,30,000.
Under the old tax regime:
In the 30% slab, this saves ₹62,400 (30% × ₹2,00,000 + 4% cess) in tax for the year. He can also claim the principal portion (say ₹70,000) under Section 80C, adding another ₹21,840 of tax saving (subject to the ₹1.5 lakh 80C limit being available).
Under the new tax regime:
The annual rupee difference between the two regimes for Vikram is therefore approximately ₹62,400 from Section 24(b) alone, before factoring in Section 80C, 80D and HRA.
The Section 24(b) treatment under the new regime is one of the most important features to understand:
| Property type | Old regime | New regime |
|---|---|---|
| Self-occupied | Up to ₹2,00,000 deduction | No deduction allowed |
| Let-out | Full interest, ₹2L set-off cap on house property loss | Full interest deductible against rental income, but resulting loss not set off against salary — only carried forward against future house property income |
For salaried employees with self-occupied home loans, the Section 24(b) deduction is often the single largest tax break and the deciding factor between the two regimes. A ₹60-80 lakh home loan in the early years carries enough interest to fully utilise the ₹2 lakh cap, which combined with Section 80C, 80D, HRA and 80E often pushes the old regime ahead of the new for the loan’s first decade.
Omnivoo captures home loan interest declarations from employees during the annual investment-proof window, validates the ₹2 lakh self-occupied cap, splits deductions correctly across co-owners and co-borrowers, and applies the deduction only when the employee has chosen the old tax regime. For employees on the new regime, the platform automatically suppresses the deduction during monthly TDS calculation to prevent year-end shortfalls. Form 16 Part B reflects the deduction precisely, with the supporting interest certificate retained in the employee record for audit purposes.
For more on India payroll TDS rules, see our TDS on salary guide.
The new income tax regime in India (default since AY 2024-25) offers lower slab rates with reduced deductions — only Standard Deduction (₹75,000), employer NPS, and a few others apply.
The old income tax regime in India offers higher slab rates but allows over 70 deductions and exemptions including HRA, LTA, Section 80C, 80D, and home loan interest.
Section 80C of the Income Tax Act allows individual taxpayers to claim deductions up to ₹1.5 lakh per year on specified investments and expenses, available only under the old tax regime.
Section 80D allows tax deductions on health insurance premiums paid for self, family, and parents — up to ₹25,000 (or ₹50,000 for senior citizens), available only under the old tax regime.
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