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sujit   26 October 2015

Advice needed

Dear Sir,

   i'm working in public sector undertaking. Recently i get my apartment handed over  and in almost closing a deal for rent out the said flat.That flat is in my as per agreement between me and builder.

Now let me know  ,is it possible to make an agreement between my wife as owner of the flat and the tenant.She is a house wife.

What could be complication related to tax and others.

Thanx

Sujit 



Learning

 3 Replies

G.L.N. Prasad (Retired employee.)     27 October 2015

As far as using your wife's name, you can give a specific power of attorney in her name for dealing with rental issues on his behalf.  There is no problem.

It is not clear as to whether you are IT Assessee already or not and whether you wish to avail exemptions on bank loan repayment if any. But wife and husband are not separate unless they have separate Assessments and filing individual returns.  Contact any CA /Auditor on such tax matters.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     28 October 2015

As the flat is in your name, the presumtion is that you have paid for the flat from your own income or if you have taken a loan you are liable to pay back the loan. Hence the rent receivable will be taxable in your hands even if the rent receipts were issued by your wife. Spouse income out of any assets transferred without consideration shall be taxable in the hands of the transferror spouse.

T. Kalaiselvan, Advocate (Advocate)     01 November 2015

The property in your name cannot be transferred tosomebody's name just at your fancies and whims.  Certain legal procedures are to be adopted for it.You cannot avoid tax by making your wife to enter into rental agreement with the tenant, in fact she has no title to the property hence any agreement this way shall be invalid in the eyes of law. 


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