Articles
Income Tax (IT) treatment of House Rent Allowance (HRA)
HRA gets special treatment in income tax laws, and is exempt from income tax to a certain extent. Here are the rules explained in simple terms.
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If you are like most other salaried people, one of the components of your pay would be House Rent Allowance, or HRA. This is an allowance paid to the employee to defray the housing rent expense.
Since housing is one of the fundamental needs for us, the government treats it sympathetically, and gives us various tax breaks towards it. |
Thus, you get income tax benefit when you take a home loan to buy a house. (Please read “Income Tax (IT) Benefits of a Home Loan / Housing Loan / Mortgage” for more details on this).
Similarly, there are income tax benefits on the House Rent Allowance (HRA) as well. The tax benefit on HRA is available under section 10 (13A) of the IT Act.
How much Income Tax (IT) exemption is available
The minimum of the following three is available as exemption from your income:
1. The actual HRA received from your employer
2. The actual rent paid by you for the house, minus 10% of your salary (this includes basic + dearness allowance, if any)
3. 50% of your basic salary (if you live in a metro) or 40% of your basic salary (if you live in a non-metro)
Example
Let’s take the following example:
Basic: Rs. 15,000
DA: Rs. 5,000
HRA: Rs. 9,000
Rent paid: Rs. 10,000
You live in Mumbai.
Now let’s evaluate the above rules:
1. The actual HRA received from employer
This is Rs. 9,000
2. The actual rent paid for the house, minus 10% of salary
This would be Rs. 10,000 – 10% of (Rs. 15,000 + Rs. 5,000) = Rs. 10,000 – Rs. 2,000 = Rs. 8,000
3. 50% / 40% of your basic salary
Since you live in a metro, this would be 50% of Rs. 15,000 = Rs. 7,500.
The minimum of 1, 2 and 3 is Rs. 7,500. Therefore, the amount of HRA exempt from tax is Rs. 7,500 per month.
The remaining HRA amount of Rs. 1,500 (Actual HRA received Rs. 9,000 – exempt HRA Rs. 7,500 = Rs. 1,500) would be added to your income, and would be subject to income tax.
Who can claim HRA exemption
There are certain conditions that should be met for claiming IT benefit on HRA.
You can claim HRA exemption towards the rent paid by you, if:
- You receive HRA as part of your salary
- You pay the rent
- You stay in the rented house for which you pay the rent
- You do not own the house for which you are paying the rent
Thus, for example, you are paying the rent for a house in which your parents stay, but you stay in a different house. Then, you can not claim exemption for that. You yourself should be an occupant of the house.
Documents needed to claim HRA exemption
If the HRA you are claiming is less than Rs. 3,000 per month, no proof is needed. But if the amount you are claiming is more than Rs. 3,000 per month, you would need the following:
- Rent receipts
- Rental agreement
HRA and Home Loan
Many people get even more confused when it comes to HRA and home loan together. But it is quite simple, really.
In a nutshell: There is no restriction in the Income Tax (IT) Act about claiming home loan and HRA benefits together.
If you are staying in a rented accommodation, and have taken a home loan for purchase of a house, you can claim benefit for both HRA and the principal and interest components of the home loan.
(Please read “Income Tax (IT) Benefits of a Home Loan / Housing Loan / Mortgage” for more on IT benefits that you can get using a home loan).
You can claim these benefits even if you have rented out the house you have purchased through a home loan, and are yourself living in another rented accommodation.
The city where you own a house and the city where you work also has no significance: There can be different cities, or can be the same.
Note: Some companies insist that to claim HRA exemption, you would need to provide a declaration stating that in spite of owning a home, you are staying in a rented house due to a genuine reason.
Following are some of the reasons considered genuine:
- The house you own is not conveniently located with respect to your workplace
- Your parents are living in the house you own. So, you have to stay in a rented place.
- The house you own is small. So, you have to rent a bigger house.
- You have rented out the house you own. And you stay in another house that you have taken on rent.
Other important points to keep in mind
- You can claim exemption for the rent paid to your parents, provided you actually pay the rent. You should get rent receipts for the same. Also, your parents would need to declare this income in their IT returns.
- You can not claim rent paid to your spouse.
- Only one of the spouses can claim HRA exemption – not both.
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Comments
Add a new CommentNov 09, 2008
The rule remains the same, irrespective of the amounts.
Let's see your situation:
The minimum of the following three is available as exemption from your income:
1. The actual HRA received from your employer: Rs. 58,100
2. The actual rent paid by you for the house, minus 10% of your salary: Rs. 12,000 - Rs. 23,696 = - Rs. 11,696
3. 40% of basic salary: Rs. 94,784
The lesser of 1, 2 and 3 is the actual exemption that is available.
In your case, the least amount is for no. 2, which is actually negative. Since the exemption can not be negative, the examption available to you would be Nil.
Nov 28, 2008
this query is worthless.
regards,
Ayush Agrawal
Dec 18, 2008
I stay in a House which is owned by my Grandfather. I stay alongwith my parents. Can I still claim for the HRA?
-MILIND
If you are paying the rent to your grandfather, you can claim HRA.
You would beed to show the rental agreement and the monthly rent receipts.
Please remember that the rent that your grandfather receives from you would be included in his income, and would be taxable in his hands.
Dec 31, 2008
If i am not getting HRA from the Employer then can i claim the income tax rebate on house rent paid.
From Saraju Prasad
House Rent Allowance (HRA) is exempt from income tax if you meet certain conditions (as mentioned in the article).
If you don't get any HRA, there is nothing that is exempt - even if you do pay rent.
Thus, if you don't get HRA, you would not get any income tax benefit on rent paid.
Probably, you can negotiate with your employer and get some portion of your CTC salary as HRA.
Jan 18, 2009
I am paying for the rental house Rs. 8000 per month in a non metro.
So, the submission of rent receipts only will be fine or do I need to submit any lease agreement for that?
I dont have a lease agreement . So please advice.
Thanks.
The lease / rental agreement is not mandatory.
but please ensure that the rent receipts carry the PAN numer of the landlord.
Jan 20, 2009
please reply
thanks
Your officer is right - now, you do need your house owner's PAN number on the rent receipts.
If he doesn't have a PAN, he can provide you a Form 60.
(Please click here to download Form 60)
(You need to be logged-in to download the form. Please take advantage of the free registration that takes less than a minute. To know the benefits of registration, please click here.)
Jan 21, 2009
Dear Sir
Company has given accomadation to the employee and
co is also paying HRA to the employee.
can such employee can claim Hra exemption pl. advise
The HRA amount would be taxable in this case. (I am assuming that the accommodation is provided free of cost)
Feb 02, 2009
Feb 03, 2009
Till last year when I submitted the HRA declarations to our employers, we just submitted an affidavit mentioning the place I was staying along with the Rent Reciepts.
This year we have been asked to submit the PAN number also of the Landlord.
I would like to know if from this year submitting the PAN number of the landlord is necessary or just an affidavit would suffice.
Please clarify
The landlord's PAN number has been made mandatory from this year.
If your landlord doesn't have a PAN number, you can submit a Form 60. (Download Form 60 from here - you need to be logged in).
Feb 08, 2009
Salaried individuals can claim rent paid by them for residential accommodation, if HRA doesn't form part of their salary. This deduction is available under Section 80GG and is least of the following:
25% of the total income or,
Rs 2,000 per month or,
Excess of rent paid over 10% of total income
Please note that the above deduction will be denied if the taxpayer or his spouse or minor child owns a residential accommodation in the location where the taxpayer resides or performs his office duties.
Sir, Raagvamdatt, might like to comment on this
When an accommodation is provided by your employer and is taken on rent / lease by the employer, the prequisite value is:
- 20% of the salary, or the actual amount paid for lease rental by the employer, whichever is lower
- reduced by the amount of rent paid by the employee
Thus, in your case, the perquisite value of the house would be 20% of your salary, or the actual lease amount paid by the employer (whichever is lower) less the HRA that is being deducted from your salary.
Feb 13, 2009
Can i claim Tax Relief against amount (A+B)?
If yes, please let me know the rule number.
Otherwise, which one I can claim against HRA?
You can claim HRA exemption only for a house for which you pay rent and in which you are living.
Thus, you would not be able to get any tax benefit for the rent you are paying for your family's house.
Feb 16, 2009
I would like to know the methodology of calculating the non taxable amount of salary if the house is taken on lease (not provided by company).
Best regards,
Owais
If the house is not provided by the company, you can claim exemption of HRA as described in this article.
If you do not get HRA, you can still get deduction of rent paid (within certain limits) under section 80GG. I would write in detail about it soon.
Feb 21, 2009
Its not necessary that the landlord should be paying tax - he just needs to have a PAN number, or, can alternatively provide from 60.
If you are getting an HRA, you can claim tax benefit as explained in this article. If you are not getting any HRA or are not salaried, you can claim tax benefit as explained in the article "Deduction for rent paid – Section 80GG".
Feb 21, 2009
Firstly I would like to thank you for your service to the Indian community through disperal of the knowledge which was here-say available to Rich or cam down by family only.
My Situation : I have a housing loan from a nationalised bank taken in Year 2000-2001. The House is in Bangalore rural area under the jurisdiction of Village panchayath. The Bank is located in Bangalore metro area coming under Bangalore Municipal jurisdiction. I have been paying my EMi's regularly for all 8yrs and availed tax benefit also.
I was a resident of that home till August 2008. In 2008-2009 I have moved into bangalore Metro area and living in a rented house. I pay rent for current residence and also the EMI for my mortgaged home.
Question : Can I avail tax benefit through HRA and also housing loan payment for year 2008-2009? If yes, can i continue to do so even in year 2009-2010 even if I put my mortaged home on rent/lease to a third party.
Thanks for the very kind words.... I have gained some knowledge through my experience, and I try my best to spread it! Thanks for the encouragement...
Coming to your situation: Yes, you can get tax benefit for both home loan repayment and through HRA exemption. You can state that you are staying in the current residence as the location of your own house is inconvenient for your job. (Which I believe would be the case).
And yes, you can do this even if you rent or lease your mortgaged house.
Feb 26, 2009
Can I claims both HRA exemptions or any one of my choice..
thanks
You can claim HRA exemption only for the house for which you pay rent and in which you are actually living.
Thus, you would not be able to claim HRA exemption for the house in another city.
Also, the company provided house would be treated as a perquisite (perk).
The prequisite value is:
- 20% of the salary, or the actual amount paid for lease rental by the employer, whichever is lower
- Less the amount of rent paid by the employee
Thus, in your case, the perquisite value of the house would be 20% of your salary, or the actual lease amount paid by the employer (whichever is lower) less the amount that is being deducted from your salary.
If the company deducts the full amount, the perquisite value would be Zero.
(For full details on valuing a house as a perk, please check out the article "Perquisite (perk) value of a company provided house")
Feb 27, 2009
I have a housing loan i am occupied the house which is housing loan. if i am claimed Intt. and principal amount. what than HRA received allowed or not.
pls. help me.
Thanks
You can definitely receive the HRA even if you have a house and are staying in it - if that is what you are asking.
But I believe you are asking if HRA would be taxable or exempt.
In your case, you are staying in a house owned by you (you are not paying any rent). Therefore, the HRA would be taxable in your hands.
Feb 28, 2009
RGARDS,
M V JEWLIKAR.
Mar 01, 2009
The rent income would be added under the head "Income from House Property", and is taxable.
Of course, you would get the standard deduction and deduction of any municipal taxes paid for the rented property.
DA has to be added in this calculation.
The minimum of the following three is available as exemption from your income:
1. The actual HRA received
(Rs. 31,452 in your case)
2. The actual rent paid by you for the house, minus 10% of your salary (this includes basic + dearness allowance)
(Rs. 2,200 * 10) - Rs. 16,582 = Rs. 5,814 in your case.
3. 50% of your basic salary (if you live in a metro) or 40% of your basic salary (if you live in a non-metro)
Please calculate this value (I can not do it as I do not know your basic, and the city in which you live) to find the amount that you can claim as exempt - the minimum of 1, 2 and 3 is the amount that can be claimed.
Mar 03, 2009
I was living in an rented accomodation in Borivali since Jan 08, & in 28 /03/2008 i did registration of my flat in Borivali Itself.
However, i got possession of my flat on 28/08/08 & thus shifted on 15/09/08 in my house.
Now, my question is can i claim HRA through rent receipts for months April till 15th Sep & also get the Housing Loan benefit?
If Yes, kindly provide me the Exact Section under IT act which deals with such scenario, as my co. is only providing me Housing Loan Benefit.
Pls help.
This depends on whether you had been claiming the housing loan benefits from FY 2007-08 itself. Let me explain.
HRA exemption is allowed if you are staying in a rented place, provided you do not own a house in the same city. (If you own a house, there has to be a valid reason for you not staying there - like it is given out on rent, or if your parents are staying there).
If you claimed home loan benefit in FY 2007-08, it means that you had implicitly declared the house as self cooupied. It implies that you declared that you were living there - in which case you can't be living in a rented place, and HRA exemption would not be allowed.
If you didn't claim any income tax benefit in FY 2007-2008 for the home loan, you would be able to claim both HRA exemption and home loan benefit for FY 2008-09.
Home loan benefits can be claimed starting from the year in which you get possession of the house. Since you got posession in Aug 2008, you can claim home loan benefit for the enitre FY 2008-2009.
Also, cince you were staying in a rented house till Aug 2008, you can claim exemption of the HRA received till then - subject to the limit as calculated using the rules mentioned in this article (minimum of the 3 points).
Sections:
HRA exemption: Section 10(13A)
Home loan benefits: Section 80C (principal) and Section 24 (Interest).
Mar 04, 2009
Mar 04, 2009
Mar 05, 2009
If i am not getting HRA from the Employer then can i claim the income tax rebate on house rent paid.
regards
Ketan
Mar 05, 2009
In this situation company is only collecting the rent and paying it. Can we claim HRA benifit u/s 10(13A)
Can company charge perquisite
I reside in Mumbai.
Can you help me and if you could also suggets some judgements/case laws , i will be very thankful to you.
Partha
How much HRA you get is determined through your pay package, which in turn is determined by your employer.
Therefore, you should contact your HR department to find out the exact HRA amount that you would receive.
A company provided accommodation is a perk, and HRA is an allowance. They are not related.
Any perk value would be added to your income and would be taxed, whice HRA exemption can be claimed upto the defined limit.
So, you should be able to claim HRA exemption as per the calculations shown in this article. The rent you are paying would be Rs. 15,000, and the HRA you get is Rs. 10,000.
The perquisite value of a house needs an article of its own! I would write it soon.
Thanks for suggesting a good topic!
(Update: Please check out the article "Perquisite (perk) value of a company provided house")
Mar 05, 2009
Can you please let me know how salary structure is done
Suppose CTC is 3L, how does the HR/Company decides how much amount should be given in each component say like Basic+DA+HRA+Supplementary Allowance etc.....
regards
Ketan
Mar 06, 2009
I stay in a metro i.e Mumbai could you pls clarify for calculation of HRA Exemption is there any rule such as
Rent paid - 10% of Basic?
As i my case i have claimed rent paid for Months - April 08 to 15th Sep 08 @ 15000 pm. whereas my company is calculating exemption as Rs 12000 pm for months April to August & 6000 for Sep.
Kindly help.
Pls let me know how much HRA exemption can i get as my basic is 30000. & there is no d.a allowance.
The salary structure is decided by the company keeping in mind the total cost to the company (CTC), as well as the prevailing income tax rules so that the employee can maximize his post-tax take home pay.
Of course, companies also keep in mind the rank and hierarchy of employees when deciding the basic, and the overall pay.
In fact, some companies also allow the employees to structure their pay to a cernatin degree. For example, if I stay in my own house and do not pay any rent, these is no point in getting the HRA, as it won't be tax-fee for me. In that case, I can opt for, say, higher LTA in leiu of HRA.
Yes, there is a condition "rent paid - 10% of salary". (Its salary - meaning basic + DA, and not just the basic).
Please see the "How much Income Tax (IT) exemption is available" section of the article above to know the exact rule for calculation and to find your allowable exemption.
Mar 13, 2009
If an employee joins Sep08, can he claim the rent exemption from April08.
Regards
S.Venkatesh
Let's understand that you do not claim exemption of rent - you claim exemption of the HRA received (after all, HRA is your income, not rent!).
Obviously, you can claim exemption of an income only if you have received it.
So, if you have received HRA from your previous employer (from Apr08 to Aug08), you can claim exemption of that HRA as well as HRA received after Sep08.
However, if you did not receive HRA from your previous employer or were not employed during that period (basically - you did not get HRA), you can not get any tax benefit for the rent paid during that time.
Mar 19, 2009
i prasad.a have seen ur. replies to the doubts from persons like me. in one of your answers u have mentioned that p a n no. of the landlord made mandatory by the govt. from current year. but nothing is mentioned in the act, or in tax mann reckoner. if the landlord does not have p a n no. then he must file form-60 read with rule 114-B. But 114-B says the transactions related to sale/ purchase, bank ransactions etc., nothing is mentioned, or discussed about the h r a exemption.
sir, my doubt is i need more clarification from your end about the pan no. of landlord.
thaking you sir,
prasad.a
Mar 19, 2009
can we adjust the loss from chit in salary incomeof an individual. is it possible to adjust. can u pl . clarify me.
prasad.a
I am not a legal expert, so wouldn't be able to quote an exact rule. But I believe this was clarified through a circular.
I do not have much knowledge about how chit funds work - so wouldn't be able to help you here.
If you have knowledge about these funds, please let me (and other readers) know about them through the comments.
Mar 20, 2009
I have one query-If the rent has been paid through cheques, still do we need to produce the rent slips to the employer. further I am staying with my friends in a rented accomodation and the rent agreement is in the name of my friends. Although I have obtained a letter from them that I am sharing all the relevant expenditure in the equal ratio. Can I still claim the HRA exemption. pls revert.
Thanks
Ashish
Mar 20, 2009
One more query. If the HRA could not be claimed through employer, can we claim the same at the time of filing the return from our end.In other words is this mendatory to claim the HRA from employer's end only. Can't we claim it from our end while filing the return
Thanks,
Ashish
Rent slips are mandatory for claiming exemption of HRA. These are needed even if the payment is made through cheques.
You should be able to claim the exemption even if the rent agreement in their name - its good that you have obtained the letter about your share.
But please note that your share of only the rent paid (no other expenses - like food, laundry, etc if applicable) would be considered for calculating the exempt HRA amount.
It is not mandatory to claim ANY deduction or exemption through the employer. This includes HRA exemption as well.
You can always claim any deduction or exemption at the time of filing the return. You would be claiming refund for any extra tax paid.
The advantage of doing it through the employer is that the employer would deduct proportionately less TDS, and you would get more in-hand every month.
Mar 23, 2009
Mar 25, 2009
Mine is a typical case, please let me know what to do in the below case:
I worked in Company A from April 2007 to March 2008 &
I worked in Company B from December 2008 to March 2008.
(I worked in 2 companies simulataneously for 4 months because of some HR issues)
Now, I have received Form 16 from Company A for the entire year and also Form 16 from Compan y B for 4 months.
I havent submitted House Rent Receipts to company A nor company B.
To give figures my Basic in company A is 13000 and my HRA is 7500 ( 60% of Basic)
my Basic is company B is 16500 and my HRA in that company is 6500 ( 40% of Basic)
Now in my Company A's form 16, the exemption given under HRA is 0
in company B's Form 16, the exemption given under HRA is 9500
Both the companies are situated in a Non-Metro.
I met one of the auditor and he was saying to caluculate the HRA from March 2007 to November 2007 with company A to caluculate HRA from December 2007 to March 2008 with company B ( as company B already has given the exemtion of 9000 in form 16)
I am a bit confused in caluculating HRA. Could you please help me in caluculating my HRA in the above case.
Your assistance in this regard is highly appreciated.
Thank you,
Krishna
Your case in complicated, I agree!
First of all, I am a little confused how the company B gave you HRA exemption of Rs. 9,500 when you have not submitted any rent receipts - this is a mystery.
In any case, let's come to your situation.
For Apr - Nov 2007, obviously you would consider the pay and HRA from comnpany A.
In my opinion, for Dec 2007 - Mar 2008, you can add up the salary and HRA amounts received from both companies to find out the exempt amount as described in this article.
Apr 01, 2009
Yes, you can claim income tax benefit (eemption) for the HRA you receive. Please do that as per the guidelines mentioned in this article.
The premium of Rs. 25,000 paid for LIC policies can also be claimed as deduction from your income under section 80C.
Please read "Saving Income Tax – Understanding Section 80C Deductions" for more.
Apr 08, 2009
I am curretnly working in Pune and have rented accomodation here. My family resides at Mumbai. Since Mumbai is not far from Pune I travel there every weekends. So I pay rent to my parents as well. I have the travel tickets as well to show as proof. In my earlier company, when I was in Mumbai, I was claiming HRA exemption for Mumbai accomodation as I was paying rent to my parents.
My question is since I actually live in two houses and I can produce the rent receipts and agreements for both houses, Can I claim HRA exemption for both Houses? Kindly revert asap since I have to submit declaration for the same today itself and I am bit confused. If yes, then whether its covered in Sec 10(13A) itself or there is some case study?
Thanks.
Apr 08, 2009
Just one more clarification required, if the answer to the above question is no, can I claim HRA exemption for either of the house, say for Mumbai one only?
Thanks.
Apr 08, 2009
I am having company provided accomodation - flat in PUNE. This flat is owned by Company. Company is deducting rent on accord of it Rs. 3500 per month from my salary, same is reflected in salary slip. My HRA is Rs. 2000 per month.
Please suggest me what will be the HRA exemption under section 10, and calculation for prequiste for the same. My Gross Salary is Rs. 5,40,000 before any standard deduction.
Kindly reply me on my mail ID - prasadkathuria@bharatforge.com
Regards,
Prasad Kathuria
Cell - 09881156190
HRA can be claimed only for 1 house. And it has to be a house in which you are staying.
You would be considered to be staying in your Pune house. Therefore, you can claim HRA exemption only for the rent paid for your Pune house.
I have written a detaild article on this - please check out "Perquisite (perk) value of a company provided house".
Apr 09, 2009
Apr 09, 2009
I am staying on a rented place with my Parents. Now I bought a flat in the same building. Since my I stay with my brothers and the family size is the really big (7 Poeple). we are using both the flats now.
Since I am already showing the HRA and I want to continue to show the HRA and do not take benifit on the Home Loan.
Is this is correct to do?
As my your ealier commnet in the article. It seems to be Ok.
Can I actually claim HRA as well as Home Loan Benifit as well.
Apr 09, 2009
I made number of mistakes while quoting the article so posting it again.
I am staying on a rented place with my Parents. Now I bought a flat in the same building. Since I stay with my brothers and the family size is the really big (7 Poeple). we are using both the flats now.
Since I am already showing the HRA and I want to continue to show the HRA and do not take benifit on the Home Loan.
Is this is correct to do?
As per your ealier comment in the article. It seems to be Ok.
Can I actually claim HRA as well as Home Loan Benefit as well.
You own a flat in the same city in which you are living, and you are in fact living in it (as a part of the family).
Therefore, it would be difficult to convince the assessing officer (AO) that you can claim HRA.
If you can show that your parents are living in the apartment owned by you, and you are living in the rented place, then you can claim HRA exemption.
And yes, you can claim housing loan benefit in any case.
Apr 21, 2009
I do not know much about ODSP (Ontario Disability). Can you please clarify?
Sorry!
I am currently working for a company from Pune.
I had taken a transfer from Mumbai to Pune in the same company, but my husband (working in the same company) and in-laws are still residing in Mumbai.
I am still paying a rent for the mumbai house and have a agreement ,also I travel to Mumbai frequently.
I will not claim HRA for the Pune house.
Can I claim HRA for my Mumbai house?
Since you work in Pune and do not live in your Mumbai house, you would not be able to claim HRA exemption due to rent paid for the Mumbai house.
May 02, 2009
1- are both entitled to exemption of HRA"
both living in same house on rent
2- and they both entitled to take deduction of 80-c education fee of their children seperatly
May 05, 2009
I am working in Construction Company, I am getting HRA Rs. 3192/- PM thru Salary and also i am getting Reimbursement of Rent Rs.2500/- . Now, i want to know calculation of HRA Exemption.
Regards
Mohan Bhaskar
There is no restriction of claiming HRA exemption / 80C deduction by spouses.
However, there is a general rule - tax benefit can not be claimed by two people for the same thing.
Thus, if you pay rent, you can claim HRA exemption. Similarly, if your spouse pays rent, s/he can claim HRA exemption. Both can not claim HRA exemption for the same rent paid!
Similarly, if you are paying the fee for one child, and your spouse is paying the education fee for another child, both can claim its deduction under section 80C. But both can't claim deduction for the same fee paid.
Please calculate the HRA exemption as described in this article. However, please reduce the actual rent paid by the amount of reimbursement.
Thus, if rent paid is Rs. 7,000 per month, consider only Rs. 4,500 for calculation HRA exemption.
May 07, 2009
I am staying in a rented house at Delhi which has a company leased agreement.Every month from my salary Rs 10,000 is duducted towrds rent to my house owner account.
Is the CLA is taxable ? yesterday i came to know that everymonth arround Rs 2.800 is deducted as tax from my salary towards CLA apart from the rent .
My HRA component is RS 112000 per annum.
Please suggest how i can save this tax amountRs 2,800.
Please mentioned the calculation of CLA.
Regards,
Satya
Please check out Perquisite (perk) value of a company provided house for all the details and calculations.
May 15, 2009
I do not have the circular number, but PAN number is mandatory on the rent receipt now if you want to claim HRA exemption. If the landlord / house owner doesn't have a PAN number, a form 60 would be needed.
Thanks for providing such an informative site to all...
I have a question...
If for an example..a salaried employee gets 10000 Rs basic with no demarcation of fixed HRA from company.
Can he declare HRA for Rs 6000/- or the maximum amount he can declare is 50% of the basic i.e. Rs 5000/-?
Coz as per the information given by you the least of 3 is taken..
1) HRA is not provided by company in breakup to employee so HRA can be declared by employee himself..Option ruled out.
2) 50 % of Basic--Rs 5000/-
3) Rent Paid(Rs 6000)-10% of Basic--Rs 5000, however if we can declare max 50% of Basic then it will come down to Rs 4000 which will be minimum of all the three...
So can an employee declare his HRA for more than 50% of his basic salary?
Thanks & Regards
Kamesh Jain
Thanks - I am glad you liked the information on this website.
An employee can not "declare" some portion of his salary as HRA. There has to be a specific component in the salary called "HRA".
Only then, that component can be claimed as exempt from income tax as per the limits mentioned in the article.
Jun 22, 2009
I am staying in Gurgaon.The no 3 points of HRA rebate is 50% for metro city and 40% for non-metro. Whether gurgaom comes under Delhi metro or nort for HRA rebate. As per Ministry of India's O.M no 11023/1/86-E.II(B) dt. 09.12.86 HRA/CCA at Delhi rates in Gurgaon, HRA paid in government company is at the rate of Gurgaon. What about the HRA rebate?
Thanks in advance
Since Gurgaon is a part of the NCR region, I believe the 50% for metro city should be applicable to it.
I recevied the HRA companent with my previous employer, but not given the rent receipt on time.Hence not consider in Form 16,. Can i claim it at the time of filing my IT retuen with income tax deptt.
Yes, definitely you can.
Jul 07, 2009
My parents and I stay in the same place. My mother is a co-owner of the house. If I pay rent to my mother and claim deduction, she have to produce the same in the IT return. There the address of the house she stays and the address of the rented property will be the same. Will there be any problem in this? Please clarify.
Thanks,
Arjun
This should not be a problem. Just make sure that she shows the rent as income in her IT return.
I have a house loan, presently self occupied, got possession in last July 2008. Full amount of loan (10Lacks + Self investment), was paid to the builder (KMDA) on April 2004. Current Year interest component of the loan is 1.08 L and cumulative interest (pre EMI) is 2.8 Lacks excluding current year.
As I have got possession this year, I am claiming the benefit of Housing loan from this year. I am entitled to claim 1,50,000/- as loss against house property (Interest component only, EMI + pre EMI), which I have mentioned in column 1g) of schedule HP.
In this regard I have the following doubts:
1. As I have interest loss = 1.08 L + 20% of 2.8 L = 1.08 L + 0.56 L = 1.64 Lacks, what amount I should mention at 1g) of Schedule HP.
2. What happen to the remaining part of 20% ie 1.64-1.5 = 0.14 Lacks? That will be carrying forward to next year or simply waste?
3. Whether I have to mention the pre EMI losses (ie earlier interest components) year wise at column vi), vii),…….xii) of schedule CFL of ITR 2 ? if so, if any other extra form/return of losses to be filled up? And what I will write in the column HP Loss aof current year at Sch. CFL.
1. Please mention Rs. 1.5 Lakhs, as that is the upper limit for claiming interest u/s 24.
2. You can not carry forward a part of pre-EMI interest (or interest paid through EMIs). You can only carry forward a loss from house property (as calculated in schedule HP) if it can't be set off against anything else.
Thus, Rs. 0.14 Lakhs would indeed get wasted.
3. As I mentioned, you can carry forward loss from house property, not interest paid.
Thus, you don't have to mention the pre-EMI interest in schedule CFL.
Keep adding 20% of the pre-EMI interest for the next 5 years as well, and fill in field "g" accordingly. Ideally, over the next 4 years, interest component of the EMI would go down - so unlike this year, a portion of the pre-EMI interest would not go waste. (Or, a smaller portion would go waste).
Thanks a lot for your valuable sugession. Now i can fill ITR2 confidently from your tutorial. Regards
Jul 09, 2009
Hence they deducted the tax and provided me form 16 with the same thing i.e. without the HRA tax deduction.
I know I can claim the tax benefit now to IT office while filing the return. but what is the exact procedure to claim HRA tax benefit while filing IT return?
Do I need to get new form 16 from the employer?
Thanks,
Rad
Jul 12, 2009
I am an IT engineer in PSU on contractual basis. Our salary is paid as a cheque. and there is no HRA . so please suggest how i can take exemtion of HRA from Income tax department 9India)
You can claim HRA exemption only if it is a component of your salary.
No, you do not need a new Form 16.
Just include the HRA exemption in your income tax calculation. Thus, you would arrive at an amount X for tax payable. Against it, you would show that you have paid an amount Y as tax already (as TDS).
Since Y would be > X, you would claim a refund.
Jul 20, 2009
Amount of HRA computed by Employer is wrong .
Now they are not ready to give a revised form 16.
As per my calculation amount to be exempted under HRA should be Rs. 12006/- only .
But in Form 16 provided by employer it is only Rs. 8519/-.
My Basic / month is Rs. 11667/-
No . of months to be claimed = 9
Rent/month= Rs 2500/-
As per calculation it is ( 2500-10% 11667)* 9 = 12006
Monthly HRA provided by Org. = Rs. 5843/-
How can i claim the rest of the amount ?
Not sure why your organization didn't accept the right amount.
You can always claim the right amount while you file the IR return, and claim a refund.
Jul 23, 2009
I got the benefit of 8-Months from 2nd company. Can I claim in ITR. If yes then how I can claim the benefit as there is no head visible in ITR-1.
Please advise me
Yes, you can.
Please file ITR2 - you can mention this amount in Schedule S - 2 (Allowances exempt under section 10).
Jul 31, 2009
You would be able to do this if you are a member of the HUF (which I believe you would be).
Aug 15, 2009
I recently switched my company and joined the new one in mid July 2009.
I forgot to submit my rent receipts to my previous employer for the months
of April, May, June, July for year 2009, hence the Full and Final Settlement
does not include the HRA exemption for this period.
Can I claim the same amount from the T department at the end of the year by submissiion of these receipts,
since my new organization will only consider HRA exemption post my joining date?
If yes what documents apart fom the rent receipts are needed and wht details need to be filled?
Regards,
N.Santosh
Aug 28, 2009
I am a retired senior citizen. But my wife is a school teacher. Can I issue House rent receipt to my wife, so that she can claim HRA deduction. If children can claim, why not wife ?
Pl advise.
Yes, you can. No other docs would be required except for the rent receipts.
Basically, although your employer would not have shown the HRA exemption in form 16, you would claim it, and claim a refund.
Yes, technically, you should be able to do this. However, the nature of husband-wife relationship is such that they are obviously expected to stay together.
Thus, in all probability, the assessing officer (AO) would reject this claim as a means of evading income tax.
Pl explain the rent free accomodation provided to employee to be taxed in the new proposed tax code. Also HRA treatment in new tax code.
I haven't spent too much time analyzing the new code, as it is just a first draft and would undergo substantial revisions.
As and when the details are finalized, I would write in detail about the provisions.
Nov 21, 2009
Yes, you can, as long as you satisfy the conditions listed in this article.
Dec 09, 2009
Dec 12, 2009
Jan 02, 2010
Rent receipts
Rental agreement
Jan 08, 2010
I am getting HRA@8866 per annum. My Gross total income for the 2009-2010 would be Rs.291000(including HRA). As Section 80C allows for deduction upto Rs 100,000 p.a. and i Have invested Rs 100000 in the form of Life Insurance Premium, then my net total taxable income would be Rs 291000-Rs 160000(Standard deduction)-Rs 100000 = Rs 31000. I am paying Rs 3500 per month as a rent to my owner. Now can I claim exemption of HRA? If yes please tell me how much can I Claim in terms of rupees and What are the necessary document I have to produce for this claim and if the landlord refuses to give necessary documents What should I do? and If he agrees and having PAN no. then from where should I get the Rented Slips?
Please clarify?
Thanks
Gagan
Jan 12, 2010
I forgot to submit the RENT receipts to my previous employer hence in the form 16 HRA exemption is showing as 0.
My current employer will only exempt for the period i stayed dusring the financial year.
Can you please advice me what can be done for my case.
Is it possible to submit the rent receipt to my previous employer now.
If i can only claim at the time of filing with IT what should i need to do during that time, do i need to submit any specific form.
Thanks,
CB
Jan 21, 2010
What will be my HRA exemption? my whole year basic/hra will be considered or only eight months basic/hra will be considered for calculation.
kindly clarify
Jan 21, 2010
My father is eligible for TAX.
Can it be possible for me to show that i will be paying rent to my mother.
Please provide some solution.
Jan 31, 2010
2. If i invest this gain of 50000/- in buying a flat within 2 months then do i have to pay any tax ? if yes how much ?
Feb 11, 2010
I did not submit the rental agreement proof to my prev company.
Feb 16, 2010
i am working as contract basis, in contract job, there is no cuttings in my salary expect professional tax. i am staying rental house in Hyderabad. every month i am paying 3000 but my owner doesn't have receipts and also doesn't has PAN no also what can i submit for tax exemption proofs
Mar 01, 2010
Mar 03, 2010
Mar 08, 2010
Mar 14, 2010
I forgot to give rent receipts to my last employer and I know I can claim while filing returns but what's the process for that. Do, I need to submit rent reciepts to tax department with any other form? or just mention it while filing return and submit no documents ....
Mar 21, 2010
HRA 3,750
Medical 1,250
Conveyance 800
Special Allowance 8,450
Monthly Incentive 1,875
Total of A (Gross Pay) 22,375
PF (Employees contribution ) 750
Profession Tax 200
Total deductions 950
Net Take Home 21,425
How much my income tax would be of this salary
and if my basic increase or my hra increase how would it reflect my income tax.
Apr 05, 2010
Apr 13, 2010
Apr 15, 2010
Some very nice articles published here. Very well wrtitten.
I have just got the possession of my House in Pune and will be moving there shortly. I work in Pune.
But my parents stay in mumbai in a rented house and i pay the rent for that house.
So can i claim HRA benefits for both home loan and rent paid ?
Apr 19, 2010
I have just reproduced the conditions mentioned above as follows :
Who can claim HRA exemption
There are certain conditions that should be met for claiming IT benefit on HRA.
You can claim HRA exemption towards the rent paid by you, if:
You receive HRA as part of your salary
You pay the rent
You stay in the rented house for which you pay the rent
You do not own the house for which you are paying the rent
Thus, for example, you are paying the rent for a house in which your parents stay, but you stay in a different house. Then, you can not claim exemption for that. You yourself should be an occupant of the house.
Documents needed to claim HRA exemption
If the HRA you are claiming is less than Rs. 3,000 per month, no proof is needed. But if the amount you are claiming is more than Rs. 3,000 per month, you would need the following:
Rent receipts
Rental agreement
Now my question is can you give me a specific rule or section or case law in which above conditions are clearly mentioned.
Thanks & Regards,
Siddharth
Apr 20, 2010
sorry to inform you but looks like this forum is a BPO !!!!
If you get the answer some body has to calculate my IT also :o
Apr 20, 2010
In the last financial (2009-2010) I changed my employer.
I left my previous organizaion on Jun 29th 2009 and joined the current one on July 27th 2009.
I coudn't submit rent proofs to my current company in time due to some reason and now they are asking me to submit it while filing IT return. They have already deducted IT of Rs 18500 from my salary because of that. Please note that my last organizaion didn't deduct any IT from my salary.
Please clarify the following points regarding this:
1. As relocated to Banglore from Delhi because of job change,do I need to submit rent receipt for both the places.
2. Can I submit rent receipt alone or do i need to submit rent agreement as well.
3. Can I use the company provided rent receipt format and use it to file IT return.
4. What is the possiblity that I'll get back claimed HRA amount.
Also let me know if there is any other doc that I nedd to submit in order to ensure my HRA claim will be considered favourably.
HRA as declared in My salary Slip last Organizaion:9495
HRA as declared in My salary Slip current organization:7500
Thanks in Advance !!
-Chandra
Apr 22, 2010
I stay in a rented house for last 1 year, this year my company has made it mandatory to submit the PAN number of my landlord. But my landlord doesnt tell me his PAN number. what should I do in this case?
Is it mandatory for him to give the PAN number.
thanks
Dev
May 07, 2010
I want to Fil HRA DEtails in Form no 16 of an Employeee. i am not getting where to put it. can u help me in this regard.
thanking you.
May 17, 2010
Presently I am staying with my parents and paying rent Rs 5,000 PM in noida and working in noida and purchased one house in noida and rented out getting rent Rs. 8,000/- by home loan and paying EMI 40,000/- (Principal + Interest) per month.
Now I would like to buy my ancestor property from Uncle in bihar. Can I take another loan. If yes.I will pay EMI 34,000/- and rent it out for 20,000/-Will I get tax execmpton for both EMI for both Principal and Interest(Income from House property negative)
May 21, 2010
Is there any possibility i can claim HRA
May 22, 2010
Here i am facing problem with perk calculation (COA).As per my client requirement they want deduction transport allowances(9600) and medical Exemption(15000) from annual no pekable amount based on this system should calcualte perk.
May 28, 2010
Iam working with a private sector bank, We use to take tax rebate through rent receipts submission, but from last year bank as issued instructions to submit registered lease rental agreement. Please let me know can i execute lease rental accomodation with my father at the same home where we both are residing.
PLease let me know any tax implications , i will be greatful to you.
May 29, 2010
I am working in I-process Pvt. Ltd. I-process is services provider for ICICI Bank. My basic salary is rs. 8190/- per month as well as my HRA is rs. 750/- per month. Requesting to you please give me the suggestion is it as per the policy.
Jun 06, 2010
It is my second post for the same query..hope i could get response from your end this time.
In the last financial (2009-2010) I changed my employer.
I left my previous organizaion on Jun 29th 2009 and joined the current one on July 27th 2009.
I coudn't submit rent proofs to my current company in time due to some reason and now they are asking me to submit it while filing IT return. They have already deducted IT of Rs 18500 from my salary because of that. Please note that my last organizaion didn't deduct any IT from my salary.
Please clarify the following points regarding this:
1. As relocated to Banglore from Delhi because of job change,do I need to submit rent receipt for both the places.
2. Can I submit rent receipt alone or do i need to submit rent agreement as well.
3. Can I use the company provided rent receipt format and use it to file IT return.
4. What is the possiblity that I'll get back claimed HRA amount.
Also let me know if there is any other doc that I nedd to submit in order to ensure my HRA claim will be considered favourably.
HRA as declared in My salary Slip last Organizaion:9495
HRA as declared in My salary Slip current organization:7500
Awaiting to hear from you !!
Thanks,
Chandra
Jun 25, 2010
I am paying for the rental house sum of Rs. 10000 per month in a metro city. So, the submission of rent receipts only required or I have to give both rent receipt and Lease agreement.?
So please advice.
Thanks.
Jul 03, 2010
Pl. advise, if HRA benifit applicable in my case
I own a house in delhi. My Wife & children stay in that house .
I work in another city in haryana, 40 kms from my house. i have taken a house on rent near my work place with rent of 8000 per month & have rent reciept for same. on weekends i stay in my own house with my family
Sir can i claim benefit of HRA
regards
A k Gupta


For exemple if the HRA received is Rs.58100 per annum, 10% of B.Pay is 23696/- , Room Rent paid Rs.1000/-p.m., 40% of salary is Rs.94784/-. My question is whether HRA EXEMPTION is ALLOWED for if the Room rent is paid lesser amount of actual HRA received and 10%of BPay excess over
in rent paid? Pl.clarify