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

Birla SunLife Manufacturing Equity Fund

The Make in India program was launched by Prime Minister Naredra Modi in September 2014 as part of a wider set of nation-building initiatives. It was devised to transform India into a global design and manufacturing hub. The primary motive of the campaign is to encourage multinational as well domestic companies to manufacture their products in India. This would create more job opportunities, bring high-quality standards and attract capital along with technological investment to bring more foreign direct investment (FDI) in the country.   Why India as the next manufacturing destination?   The rising demand in India along with the multinational's desire to diversify their production to include low-cost plants in countries other than China, can help India's manufacturing sector to grow and create millions of jobs. In the words of our Honourable Prime Minister- Mr. Narendra Modi, India offers the 3 'Ds' for business to thrive— democracy,...

Total Returns Index brings out real Equity Funds Performers

From February, equity mutual funds have to change their benchmarks to account for dividend payments. Until now, funds used price-based benchmarks alone. TRI or total return indices assume that dividend payouts are reinvested back into the index. What this does is lift the overall index returns, because dividends get compounded. For example, the Sensex TRI index will consider dividend payouts of its constituent companies while the Nifty50 TRI index will consider dividends of its constituents. Using TRI indices as benchmarks comes on the argument that an equity funds earn dividends on the stocks in its portfolio, which they use to buy more stocks. Therefore, using an index that also considers dividend reinvestment would be a more appropriate benchmark. Shrinking outperformance With a stiffer benchmark, it is obvious that the margin by which an equity fund outperforms the benchmark would shrink. Rolling one-year returns from 2013 onwards, the average margin by which largecap funds out...

Stock Review: Havells

HAVELLS India's stock performance has been muted in the past three months, in line with the weak broader market. But, given the turnaround in its overseas subsidiary and the launch of new products in its consumer durable business, the company's stock may undergo a re-rating.    Havells is India's leading consumer electrical goods company, with consolidated sales of . 5,527 crore in the past four quarters. Its wholly-owned subsidiary Sylvania, which makes lighting and fixtures, has established brands in European, Latin American and Asian markets. Sylvania repre sented nearly half of the company's consolidated revenues in the first half of FY11.    Sylvania's poor financials hit Havells' consolidated performance in FY10. But, this has changed in the cur rent fiscal. Havells has reduced fixed costs of Sylvania by exiting from unprofitable businesses and outsourcing manufacturing to low-cost locations such as India and China. In the September 2010 quarter, Sylv...

Kisan Vikas Patra - KVP

  Kisan Vikas Patra (KVP) First launched in 1988, the Kisan Vikas Patra (KVP) is one of the premier and popular saving scheme offering from the Indian Postal Department. This product has had a very chequered history- initially successful, deemed a product that could be misused and thus terminated in 2011, followed by a triumphant return to prominence and popular consumption in 2014. The salient features of KVP are as follows- The grand USP- Money invested by the applicant doubles in 100 months (8 years, 4 months). KVPs are available in the following denominations- Rs.1000, Rs.5000, Rs.10,000 and Rs.50,000. The minimum purchase value for the KVP is Rs.1000. There is no maximum limit. KVPs are available at all departmental post offices across India. These certificates can be prematurely encashed after 2 ½ years from the point of issue. KVPs can be transferred from one individual to another and from one post office to another. ----------------------------------------------------- Inve...

How to generate a UAN Online

Best SIP Funds Online   In order to make Employees' Provident Fund (EPF) accounts portable, the Employees' Provident Fund Organisation (EPFO) had launched the facility of Universal Account Number (UAN ) in 2014. Having a UAN is now mandatory if you have an EPF account and are contributing to it. So far, you got this number from your employer and every time you changed jobs, you had to furnish this number to the new employer.  However, in order to make it easier for you to get a UAN , and without your employer's intervention, the EPFO now allows you to go online and generate a UAN on your own. This facility can be used by freshers, or new employees, who are joining the workforce as well as by employees who have older EPF accounts but do not have a UAN as yet. As a new employee, you can simply generate a UAN and provide the number to your employer at the time of joining, when you need to fill up forms for your EPF contribution. As per a circula...
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