Skip to main content

HRA and Home Loan benefits

Among all income tax doubts, the issue of House Rent Allowance (HRA) going hand in hand with housing loan deductions seems to vex employees the most. Let's examine this.

Vinayak Rege, who is salaried, says his company doesn't allow deductions for HRA and housing loans simultaneously. There is no specific section number of the Income Tax Act that allows this. However, in I-T language, silence signifies approval. In other words, the Act need not expressly allow something – lack of express disallowance also signifies intention of approval.

DIFFERENT SECTIONS

HRA is dealt in Section 10(13A), read with Rule 2A. Interest on housing loan is deductible under Section 24. Nowhere does it say either in Section 10(13A) or in Section 24 that the two are mutually exclusive.

Examples on this concept are many. Take, for instance, Section 80C (PPF, NSC, ELSS, etc) and Section 80D (medical insurance premium). Everyone will agree that both Section 80C and Section 80D can be separately claimed. But does it expressly say so anywhere? On the other hand, take Section 80GG, dealing with deduction on rent paid where the taxpayer doesn't receive HRA. It specifically says the taxpayer or his or her spouse/minor children should not own any residential accommodation where the taxpayer resides, performs the duties of his office or employment or carries out his business or profession. The section adds that if the taxpayer owns accommodation at a place other than that mentioned above, the tax deduction in respect of self-occupied property (annual value to be taken as nil) should not be claimed by him. This is express denial. No such provisions exist in respect of HRA.

But the deduction of HRA going hand in hand with that on self-occupied property seems paradoxical, as an employee staying in a rented house, by definition, cannot live in a self occupied property.

To resolve this, we need to examine Section 23(2) of the I-T Act. It says the term 'self-occupied property' includes property that cannot be occupied by the owner, owing to his employment, business or profession carried on at any other place, in a building not belonging to him. In other words, it is not necessary that you have to be occupying or staying in the property; rather, the property should be meant for your occupation.

EXPLANATIONS

For those like Tarun Kapoor, who stays with his parents in a house belonging to his father, the question is, since having to pay rent is apre-requisite for the HRA deduction, can he pay rent to his father and claim the deduction? This can be done.

However, the rent paid by Tarun will be added to his father's income and taxed in his hands. Also, Tarun will have to furnish rent receipts to his employer as proof of having paid rent.

Note that this arrangement cannot be carried out in the case of the spouse. Married couples sometimes buy the house in either person's name. In this case, the other spouse cannot get away by paying rent to the owner-spouse, as husband and wife cannot have a commercial relationship with each other. At times, the rent may be paid to a parent where the property is jointly owned by the taxpayer and the parent. Such a transaction, though theoretically feasible, will be assumed to be meant as a tax evasion mechanism.

Last, there does exist a related provision that is less commonly known. However, this has not so much to do with HRA and the deduction on interest on home loans as it has with regard to the system of taxation on self-occupied property.

The annual value of one self occupied property is taken to be nil and the interest deductible is capped at ` 1.5 lakh. Also, as discussed above, such a property need not actually be occupied by the owner; it should be meant for self-occupation. However, this inability to occupy the property should arise by reason of the fact that the employment or business or profession is carried out at some other place.

So, assume Vikram, a taxpayer, owns a house but continues to reside with his parents, who live in the same neighbourhood. In other words, Vikram's own house is vacant not out of any professional or business compulsion but out of choice and personal convenience.

In such a case, the annual value of the self-occupied house will not be taken as nil. Instead, it will be deemed to be let out and the notional rent brought to tax. Consequently, the full amount of the interest on housing loan will be taxed ductible without any cap. Needless to add, if Vikram were to pay rent to his parents, the HRA deduction will continue to apply.

Popular posts from this blog

Get your PAN (Permanent Account Number)

Invest In Tax Saving Mutual Funds Online Download Tax Saving Mutual Fund Application Forms Buy Gold Mutual Funds Call 0 94 8300 8300 (India) O f late PAN (Permanent Account Number) has gained a lot of significance not only as proof of identification for various purposes but also for keeping a track of financial records including tax liabilities.   Some persons are under the impression that the person whose income is taxable only needs to have a PAN. This is not true. Even if your income is not taxable and so not required to file your income tax return still it is in your interest to have a PAN number to save on the taxes, which are deducted at source as TDS.   So let us discuss how important is the Permanent Account Number for the rate at which TDS will be deducted before any income is credited or paid to you?   The income tax laws requires a payer to deduct Income Tax popularly known as TDS before the vari...

LIC's JEEVAN SHIKHAR

  LIC's Jeevan Shikhar is a participating, non-linked, saving cum protection single premium plan wherein the risk cover is ten times of Tabular Single Premium. The proposer will have an option to choose the Maturity Sum Assured. The premium payable shall depend on the chosen amount of Maturity Sum Assured and age at entry of the life assured. This plan also takes care of liquidity need through its loan facility. The plan will be open for sale for a maximum period of 120 days from the date of launch. 1.   BENEFITS   : a) Death Benefit: On death during first five policy years: Before the date of commencement of risk   :   Refund of Single Premium without interest. Single Premium mentioned above shall not include any extra amount if charged under the policy due to underwriting decision and taxes. After the date of commencement of risk   : "Sum Assured on Death" equal to 10 times the tabular single premium shall be payable. On death after completion of five policy years but b...

CNX Midcap vs BNP Paribas Midcap Fund

BNP Paribas Midcap Fund - Invest Online   Te  performance of BNP Paribas Midcap Fund  – which has across the last 3 years generated superior returns over the benchmark – especially when the markets have gone down the fund has handsomely outperformed the benchmark preserving the capital of the investors. The fund has been able to do this only due to the superior stock selection process ( BMV approach) that is diligently followed at BNPP.   Highlights of BNP Paribas Mid Cap Fund:   Investment Objective : BNP Paribas Mid Cap Fund gives an investor exposure to invest in the various quality midcap stocks. The fund also has some exposure to large as well as small cap stocks.   Investment Approach : BMV ( Quality and scalability of Business →Good Management → Reasonable Valuation ) with Bottom-up stock picking.   Most of the investors are way happier if the fund that they have invested in is a significant Outperformer in tough times than in Good ti...

Investment Strategy - What is Sector Rotation Theory?

Buy Gold Mutual Funds Invest Mutual Funds Online Download Tax Saving Mutual Fund Application Forms Call 0 94 8300 8300 (India)   The economy goes through cycles : it expands for a few years and then contracts. Study of historical data suggests that different sectors tend to perform well on the stock markets during different stages of the economic cycle. While history never repeats itself exactly, some broad patterns tend to recur. Investors can take advantage of the sector rotation theory to move their money from those sectors that have seen their best times to those that are likely to do well in future.   The person who developed the sector rotation theory is Sam Stovall, chief investment strategist at Standard & Poor's. He developed this theory by studying data on economic cycles going as far back as 1854 provided by the National Bureau of Economic Research ( NBER ) of the US.   When trying to correlate stock-market perfor...

Rajiv Gandhi Equity Savings Scheme (RGESS) set for launch this week

The finance ministry is set to notify the Rajiv Gandhi Equity Savings Scheme ( RGESS ) this week.   Though Finance Minister PChidambaram had approved on September 21, the scheme announced in this year's Budget, and had said that the revenue department will notify the scheme and the Securities and Exchange Board of India ( Sebi ) would issue relevant circulars within two weeks, it is yet to become operational.   A senior finance ministry official said the revenue department was expected to notify the scheme any day now to attract retail investors to the equity segment.   He added that Sebi was not required to issue any circular for the operationalisation of the scheme and that after the issuance of the revenue department's notification, investors would be able to avail of the benefits of the scheme.   The official accepted that implementation of the scheme had been delayed due to the deliberations on inclusion of mutual funds ( MF ) in it.   ...
Related Posts Plugin for WordPress, Blogger...
Invest in Tax Saving Mutual Funds Download Any Applications
Transact Mutual Funds Online Invest Online
Buy Gold Mutual Funds Invest Now