HRA or House Rent allowance also provides for tax exemptions. The different Sections of the Income Tax Act help the salaried individuals, and the self-employed people and professionals, to make their rent expenditures cheaper, and more desirable.
Salaries of the employees of both private and public sector organizations are composed of a number of minor components as well. HRA or the House Rent Allowance is one of the sub-components of the salary. HRA can be fixed or can be derived upon through a special agreement between the employee and the employer.
As the name suggest, HRA is given to an employee when he or she lives in rented residential premises, and is only provided when the employee stays at a residence that he or she does not own.
HRA for Self Employed
The self-employed can also claim for deductions and tax exemptions, towards the HRA. They can claim the benefits under the Section 80 GG. This Section can also be used to claim the tax exemptions by the salaried employees when they do not receive any HRA.
HRA Tax Exemption for the Salaried Individuals
The Income Tax Act Section 10-13A provides for a tax exemption towards HRA. The deduction will be the lowest amongst:
- The HRA that is given by the employer
- 50% of the employee salary if he or she lives in any of the Metro cities of India. The metropolitan cities of India include Delhi, Mumbai, Calcutta and Chennai
- In case the employee lives in any other city, 40% of the salary
- The actual rent that is paid by the employee for the residence each month, minus 10 % of his/her salary
Salary here may include the basic salary, the dearness allowance, and the commissions.
When the Rent Amount Exceeds Rs 1 Lakh
In case the rent paid towards house rent is more than Rs 1 Lakh, the individual can claim tax exemptions towards it. He or she will have to furnish the PAN details of the property owner, along with the rent receipts.
Tax Benefits on Both Home Loan and Rented Residence
In case the home of the employee is rented to someone else, and the person is living in a rented space, he or she can claim the benefits of tax exemptions on both home loan and the rent paid. In this case, the employee will have to denote his or her income gained through the property (for which he/she took the home loan), and pay the due tax for it.
Note: In case the rented and the owned property in the same city, the deductions on both are not available for tax exemptions. The employee will have to prove that his or her property is located far away from the job location, and cannot be used for the residential purposes, in order to avail the tax exemption.
Documents that are Required to Claim the HRA Related Tax Exemptions
The employee will have to provide the following documents, in case he or she wishes to claim or the tax exemptions related to the HRA
- If the rent paid during given financial year is greater than Rs 1 Lakh, the employee will have to provide the PAN card details and copy of the landlord/property owner.
- The receipts of rents paid by the employee. The details of the receipt include:
- Date name of the landlord
- Name of the tenant
- PAN card details of the landlord
- Address of the rented accommodation
- Duration of stay
- A revenue stamp
- Signature of the landlord, on the revenue stamp
- The same receipt can be used for a period of 3 months. Hence, for a year, you need at-least last 4 receipts.
- The photocopy/Xerox of the rent-agreement, when required
The employee can also pay the house rent to his or her father, and claim the tax exemptions related to the HRA
Tax Exemptions on HRA When the Employer Refuses to Provide the Deduction Benefits
Even if the employer refuses to provide for the tax benefits of the HRA, the employee can claim them when he or she files the tax returns. The exempted monetary amount can be received as the refund of the excess TDS.
Tax Exemptions on HRA When the Rent is Paid by More Than 1 Member of the Family
In case both husband and wife are earning, and both of them are paying the house rent, both of them can claim the tax exemptions related to the HRA, in case they can both furnish the separate rent payment receipts. But for a single rent paid, any one of them can only claim the tax exemption.
Conditions that Need to be Fulfilled for Claiming Tax Exemptions Related to HRA
- The HRA exemption under Section 80, or other section, is only provided to an employee when or she actually pays the rent to the landlord. There is no exemption for the time periods when the rent is not paid.
- When there is a change in job location (i.e. shift from non-metro to the metro cities or vice versa), or a change in the salary, the HRA tax are calculated on the monthly basis. Hence the deductions or the tax exemptions also vary for the periods of change separately.
- Apart from a father, if the rent is paid to any other family member, HRA and the tax exceptions related to it are provided to the employee. In order to claim the deductions, it is advisable to pay the rents on a regular monthly basis, and through the bank transfers only. This will help the IT department to easily deduce the expenditure.
Tax Exemptions on the Rent Paid, Under the Section 80 GG
The Section 80 GG of the Income Tax Act provides for the tax exemptions, for the expenditures that are made towards the House Rent. But the exemptions under this particulars section are available to the employee only when he or she has not claimed the deduction under any other section of the Income Tax (IT) Act. Self-employed professionals and the employees who do not receive the HRA can claim the tax exemptions for the expenditures that they make towards paying the house rent under this Section.
Other Conditions Related to the Section 80 GG
- The house rent exemptions are only available to the HUF and the individuals. http://www.charteredclub.com/how-to-save-taxes-by-forming-huf/.
- Both self-employed people and salaried employees can claim rent-related deductions if they do not receive any tax exemptions under the Section 10-13A
- The HUF of which the employee is a member, the minor child, or the spouse does not enjoy the ownership of an accommodation, where the employee/self-employee person is working.
- Those who seek tax exemptions under the Section 80 GG should not claim any tax benefits related to a self-occupied property, which they own elsewhere.
- Those who seek deductions under the Section 80 GG should be able to furnish the self-declaration, by using the form 10-BA. In the form, the individual will have to show that he or she satisfies all the conditions.
Actual Taxation Exemption for Expenditure Made Towards Rent, Under the Section 80 GG
Under the Section 80 GG, the self-employed or the salaried person can claim a tax exemption or the rent paid by him or her, in excess of 10% of his/her income or salary respectively. The upper ceiling is 25%, which means that rent paid in between 10% and 25% of the salary/income is only available for deduction/tax exemption.
25% of the total adjusted total income, where adjusted total income means:
Gross Total Annual Income - the “long term” capital gains - the “short term” capital gains - deductions claimed under Section 80 (from the Section 80 C to the Section 80 U, except the section 80 GG itself).
Whichever of a, b, or c is less, will be exempted from taxation, by the IT department.
For instance, if Mr. Sohan earns an annual capital of Rs 4 lakhs, and pays the annual rent of Rs 1.5 lakhs, he will be provided a tax exemption which will be the least of:
Rs 60, 000 (@Rs 5000 Per Month, according to the HRA exemption 2016-17 rules, earlier the limit was Rs 2, 000)
Rent paid i.e. 1.5 Lakhs - 10% of the total annual income, i.e. Rs 40, 000= Rs 1, 10, 000
25% of the total income= Rs 1 Lakh
As the least of the three is Rs 40, 000, this would be the tax exemption provided to Mr. Sohan, and the 1st condition will prevail.
Date for Filing the ITR and Claiming the HRA Tax Exemption
For all those who are salaried, and who want to claim the tax exemptions towards HRA, among others, the last date for filing and submitting the ITR (Income Tax Returns) is July 31st of a given financial year. For the self-employed, that last date is;
- July 31, when they do not require an Audit of their income.
- September 30, when they require the audit to be done on the income
The free HRA calculator online is a tool that will help you to calculate your HRA and the tax exemptions that you can claim for it.
Note that the HRA is not a right of the employees, and it is up to the employer to grant it or refuse it. Those who get free accommodations along with the job do not get any HRA allowance, and hence cannot claim for any tax exemptions towards it.
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