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H.L.Kanauzia (Human Right activist)     26 October 2016

Rebate on house rent

husband and wife are govt employee whether they both are entitled for full house rent or a partial ratio is allowed ??



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 3 Replies

Akash Kapoor (Owner at Shramsamadhan India)     26 October 2016

There is no Ratio. It is based on actual payment. So who ever pays the same will get the deduction. See the law here :-

House Rent Allowance (Sec. 10(13A) & Rule 2A)

Least of the following is exempt:

a) Actual HRA Received

b) 40% of Salary (50%, if house situated in Mumbai, Calcutta, Delhi or Madras)

c) Rent paid minus 10% of salary

* Salary= Basic + DA (if part of retirement benefit) + Turnover based Commission

Note:

  i. Fully Taxable, if HRA is received by an employee who is living in his own house or if he does not pay any rent

 ii. It is mandatory for employee to report PAN of the landlord to the employer if rent paid is more than Rs. 1,00,000 [Circular No. 08 /2013 dated 10th October, 2013].

Individual - Salaried empoyee

 

See this for more https://www.shramsamadhan.com/

Ms.Usha Kapoor (CEO)     26 October 2016

Thje following  discussion would clearly explain  payment of HRA in caseof Government employes. HRA is shortly going to be further revised to double than the present amount.in case of central Government employees.If you appreciate this answer   please click the thank you button on this forum.

Currently it is asfollows: What's Hot

How to Calculate HRA from Basic

 
 

What is HRA (House Rent Allowance)?

HRA or the House Rent Allowance is an amount paid by employers to employees as a part of their salaries. It provides employees with tax benefits for what they pay towards accommodations every year. The decision of how much HRA needs to be paid to the employee is made by the employer based on certain criteria like the salary and the city of residence. The house rent allowance is regulated by the provisions of Section 10(13A) of the IT Act.

House rent allowance benefits are only available to salaried individuals. Self-employed individuals are exempt from claiming HRA. This exemption is also available only if the employee is living in rented accommodations. In case the employee lives in his/her own house and does not pay any rent, he/she cannot claim HRA.

In case the employee is living in a rented accommodation and the rent paid exceeds Rs.1 lakh in one financial year then the PAN details of the landlord need to be submitted along with the HRA claims.

How is HRA Decided?

HRA is actually decided based on the salary. There are some other factors that affect it which could include things like the city in which the employee resides. If the place of residence is a metro city then employees are entitled to an HRA equal to 50% of the salary. For all others cities the entitlement is 40% of the salary.

For the purpose of calculating the HRA, the salary is defined as the sum of the basic salary , dearness allowances and any other commissions. If the employee is not receiving a dearness allowance or commissions then the HRA will be 50%/40% of the basic salary.

The actual HRA offered will be the lowest of the following three provisions:

  • The amount received as the HRA from the employer.
  • Actual rent paid less 10% of the basic salary.
  • 50% of the basic salary if staying in a metro city and 40% in a non-metro city.

How to Calculate HRA

To understand how to calculate HRA let us return to the example of Ravi Bajaj. He stays in Mumbai and pays a rent of Rs. 10,000 per month. His payslip is shown below.

Example Payslip:

Employee No - 1234 Name - Ravi Bajaj    
Joining Date - 21/12/2012 PF No - SB/AYE/1234567/123/1234567    
       
BASIC 30,000 PF 2,000
HRA 13,000 PROFESSIONAL TAX 200
CONVEYANCE 2,000    
SPECIAL ALLOWANCE 3,000    
MEDICAL 1,250    
LTA 5,000    
Total Earnings 54,250    

For calculating Ravi’s HRA that is exempt from income tax we have:

Salary - Rs. 30,000 per month (the basic salary will be considered in this case since there is no commission or dearness allowance) HRA provided by company – Rs. 13,000 per month 10% of basic salary (10% of annual basic salary) – Rs. 36,000

Now we calculate the three scenarios:

  • Amount received as HRA from employer = Rs. 13,000 X 12(months) = Rs. 1,56,000
  • Actual rent paid less 10% of basic = (Rs. 10,000 X 12) – Rs. 36,000 = Rs. 84,000
  • 50% of basic salary since he lives in a metro = Rs. 1,80,000

In the case of Ravi, it is evident that the HRA amount which will be exempt from tax will be Rs. 84,000 because that is the amount that is the least of the three scenarios.

Benefits of HRA

The biggest benefit of the house rent allowance is that it provides for an avenue to reduce the taxable income , which in turn leads to a reduction in the tax that you have to pay.

I think now you;ve clearly understood the  concept of HRA, how to claim tax benefit. Now both you and your spouse would get more than actual amount of rent you are paying  because of  these rules of HRA.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     26 October 2016

Who ever pays rent he or she responsible to claim exemption

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