HRA-House Rent Allowance Exemption Rules & Tax Deductions

HRA-House Rent Allowance Exemption Rules & Tax Deductions

Salaried individuals, who live in rented houses, can claim the House Rent Allowance (HRA) to lower their taxes – partially or wholly. 

The allowance is for expenses related to rented accommodation. If you don’t live in rented accommodation, this allowance is fully taxable. 

Please note that the tax exemption of house rent allowance is not available in case you choose the New tax regime. from FY 2020-21 (AY 2021-22)

How is Tax Exemption From HRA Calculated?

The deduction available is the least of the following amounts:

  • Actual HRA received
  • 50% of [basic salary + DA] for those living in metro cities
  • 40% of [basic salary + DA] for those living in non-metros
  • Actual rent paid less 10% of basic salary + DA

Can I Claim HRA and Deduction on Home Loan Interest as well?

Yes, you may claim the HRA as it has no bearing on your home loan interest deduction. Both can be claimed. 

When Do You Need a Landlord’s PAN?

If you have taken a house on rent and are making a payment in excess of Rs 1 lakh annually – remember to provide the landlord’s PAN. Else, you may lose out on the HRA exemption. 

Landlords without a PAN must be willing to give you a declaration as per circular No. 8/2013 dated 10 October 2013. Tenants paying rent to NRI landlords must remember to deduct TDS of 30% before making the payment towards rent.

What if My Employer Doesn’t Provide me with HRA?

If you pay rent for any residential accommodation occupied by you but do not receive HRA from your employer, you can still claim the deduction under Section 80GG. Conditions that must be fulfilled to claim this deduction:

  1. You are self-employed or salaried
  2. You have not received HRA at any time during the year for which you are claiming 80GG
  3. You or your spouse or your minor child or HUF of which you are a member – do not own any residential accommodation at the place where you currently reside, perform duties of office, or employment or carry on business or profession.

In case you own any residential property at any place other than the place mentioned above, then you should not claim the benefit of that property as self-occupied. The other property would be deemed to be let out in order to claim the 80GG deduction.

Illustration

Mr Anuj, employed in Delhi, has taken up an accommodation on rent for which he pays a monthly rent of Rs 15,000 during the Financial Year (FY) 2019-20. He receives a Basic Salary of Rs 25,000 monthly along with DA of Rs 2000, which forms a part of the salary. He also receives an HRA of Rs 1 lakh from his employer during the year. 

Let us understand the HRA component that would be exempt from income tax during FY 2019-20. As per the given data, calculate the following:

  • HRA received-Rs 1 lakh
  • 50% of basic salary and DA- Rs 1,62,000 (50%*(Rs 25,000+Rs 2,000)*12 months)
  • Rent paid minus 10% of salary- Rs 1,47,600

Therefore, in the above example, the entire HRA received from the employer is exempt from income tax.

How to Claim Deduction Under Section 80GG?

The least  of the will be considered as the deduction under this section:

  • Rs 5,000 per month;
  • 25% of adjusted total income*;
  • Actual Rent less 10% of adjusted total Income*

*Adjusted Total Income means Total Income Less long-term capital gain, short-term capital gain under section 111A and Income under section 115A or 115D and deductions 80C to 80U (except deduction under section 80GG).

How to Claim HRA When Living With Parents?

Let’s understand this with an example.

Pooja works in an MNC in Bangalore. Though her company provides her with HRA, she lives with her parents in their house and not in rented accommodation. 
How can she make use of this allowance?

Pooja can pay rent to her parents and claim the allowance provided. All she has to do is enter into a rental agreement with her parents and transfer money to them every month. This way Samiksha can make a nice gesture to her parents while saving on taxes. Also, it is important for Samiksha’s parents to report the rent she paid as income in their income tax returns. If their other income is below the basic exemption limit or if taxable at a lower tax slab, then they can save tax on the family income.

What are HRA and DA?

Dearness allowance is a component of salary towards adjustment for cost of living paid generally to government employees, public sector employees, and pensioners. Dearness allowance is calculated as a percentage of basic salary to cover the impact of inflation.

HRA, house rent allowance is a component of salary paid by big employers towards rent payment by the employee. HRA exemption is allowed least of the below :

  • Actual HRA received by the employee
  • 40 % of salary for non-metro city or 50 % of salary if the rented property is in Metro cities like Mumbai, Delhi, Kolkata and Chennai)
  • Actual rent paid less than 10% of salary.
How to claim HRA if not mentioned in form-16?
If HRA is not mentioned in form 16 it means your employer has not provided a separate component of HRA. HRA u/s 10(13A) can be claimed when a separate component towards HRA is given by the employer. In absence of it, you can claim for rent paid under section 80GG.

Can I claim both 80GG and HRA?
No, individuals paying rent but do not receive house rent allowance are allowed to claim deduction under section 80GG. Also, the individual, spouse or children should not own a house property in the place of employment for claiming this deduction.
For the above calculation, the salary would include basic, dearness allowance and fixed percentage of commission.

For more Info Visit TAXAJ                                      Posted By:- Anuj (Team Taxaj)
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