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

Mirae Asset Healthcare Fund

Best SIP Funds to Invest Online   Mirae Asset Global Investments (India) has launched Mirae Asset Healthcare Fund. The NFO of the fund will be open from June 11, 2018 to June 25, 2018. Mirae Asset Healthcare Fund is an open-ended equity scheme investing in healthcare and allied sectors. The scheme will invest in Indian equities and equity related securities of companies that are likely to benefit either directly or indirectly from healthcare and allied sectors. The investment strategy of this scheme aims to maintain a concentrated portfolio of 30-40 stocks. Healthcare is a broad secular theme that includes pharma, hospitals, diagnostics, insurance and other allied sectors. The fund will have the flexibility to invest across markets capitalization and style in selecting investment opportunities within this theme. Neelesh Surana and Vrijesh Kasera will manage this fund. In a press release, Swarup Mohanty, CEO, Mirae Asset Global Inves...

How to Decide your asset allocation with Mutual Funds?

Invest In Tax Saving Mutual Funds Online Download Tax Saving Mutual Fund Application Forms Buy Gold Mutual Funds Call 0 94 8300 8300 (India) How to Decide your asset allocation ? The funds that base their equity allocation on market valuation have given stable returns in the past. Pick these if you are a buy-and-forget investor. Small investors are often victims of greed and fear. When markets are rising, greed makes the small investor increase his exposure to stocks. And when stocks crash to low levels, fear makes him redeem his investments. But there are a few funds that avoid this risk by continuously changing the asset mix of their portfolios. Their allocation to equity is not based on the fund manager's outlook for the market, but on its valuations. Our top pick is the Franklin Templeton Dynamic PE Ratio Fund, a fund of funds that divides its corpus between two schemes from the same fund house-the...

GOLD ETFs

Download Tax Saving Mutual Fund Application Forms Invest In Tax Saving Mutual Funds Online Buy Gold Mutual Funds Leave a missed Call on 94 8300 8300   GOLD ETFs       Gold funds and ETFs have also lost the tax advantage they enjoyed over physical gold after the Budget changed the rules for long-term capital gains from non-equity funds.   Last year, gold exchange traded funds ( ETFs ) had gained a great deal from the depreciation in the rupee and the UPA government's move to impose additional levy on gold imports, making it an attractive option for investors. The landed price of the yellow metal had surged, pushing up the net asset value ( NAV ) of gold ETFs. However, the recent budget proposal by Finance Minister Arun Jaitley has thrown a spanner in the works for gold fund investors. The revised tax structure for all non-equity funds, includi...

IIFL NCDs

Buy Gold Mutual Funds Invest Mutual Funds Online Download Tax Saving Mutual Fund Application Forms Call 0 94 8300 8300 (India) IIFL NCDs IIF's six-year unsecured NCD 2012 Risk-wary investors should stay away from this issue, and even, risk-taking ones should think twice It is a public issue of unsecured redeemable non-convertible debentures ( NCDs ) by India Infoline Finance ( IIF ), an unlisted company, which is a 98.9 per cent subsidiary of India Infoline, a listed company. The issue seeks to raise Rs 250 crore with an option to retain over-subscription up to Rs 250 crore taking the total potential issue amount to Rs 500 crore. It will be open for public subscription from September 5 to September 18 with a minimum application size of Rs 5,000 in the form of five NCDs of face value Rs 1,000, TENURE & RATES: IIF will redeem the NCDs at the end of six years, and investors wanting out before six years will be able to sell the...

Tax saving tools to maximise returns

  An Individual can claim a deduction up to Rs 1 lakh U/S 80C of the Income-Tax Act, 1961 ('Act') by incurring a certain expenditure or making specified investments. Few of the popular schemes which are generally availed of by the individuals, inter-alia, include the following: Expenditure-Related Deductions Broadly, the expenditure-related deductions include tuition fees and home loan payments.    Tuition fees for full-time education in any Indian university, college, school, and educational institution, for any two children is eligible for deduction. However, development fees or donations are not considered.    The principal amount re-paid against a home loan to banks or certain category of employers is also eligible for deduction. Stamp duty, registration fees and other expenses incurred for the purpose of acquisition of such a house property are also eligible for deduction.    It should, however, be noted that the cost of renovation/house repairs after the completio...
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