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July 20, 2023

Introduction

In India, it is mandatory for employees to provide their Permanent Account Number (PAN) card information to file House Rent Allowance (HRA) claim returns. The Income Tax Department has also made it essential to submit the landlord’s PAN card details for claiming exemption if the annual rent paid exceeds Rs. 1 lakh. This blog post will provide you with all the necessary information regarding the usage of the landlord’s PAN card for HRA exemption.

HRA Exemption – Overview

Employees residing in rented accommodation can claim HRA exemption. As per the Income Tax Act, a portion of HRA is exempted from taxes. The exemption amount varies based on the location and salary of the employee. It is important to note that if an employee lives in their own house, the HRA received will be fully taxable. The exemption amounts for HRA are dependent on various factors such as the exact HRA received, rent amount paid, and the location of the rented property.

Change in Tax Laws – Landlord’s PAN Card for HRA Exemption

The government of India has made it mandatory to mention the landlord’s PAN card details for filing HRA tax exemption if the employee’s salary exceeds Rs. 1,00,000. This change was implemented to prevent employees from submitting fake rent receipts and to ensure landlords declare rental income in their tax returns.

Reason for Change in Law

The change in law was prompted by two main reasons:

Employees Used to Submit Fake Rent Receipts to Claim HRA Exemption

Many employees were found to be submitting fake rent receipts to claim HRA exemptions. Some employees even claimed exemptions without actually paying rent, resulting in tax evasion. The government introduced the requirement of the landlord’s PAN card to verify the authenticity of the rent paid.

Landlords Not Paying Tax on Rental Income

It was discovered that several landlords were not declaring rental income in their tax returns. To ensure landlords pay taxes on rental income, the government made it mandatory to provide the landlord’s PAN card details while claiming HRA exemptions.

New Law Perquisites

As per the current law, employees claiming HRA of more than Rs. 1,00,000 per year need to submit the landlord’s PAN details. The documents required for claiming the exemption include an undertaking and confirmation from the landlord, details of the rented property, the amount of rent paid, the landlord’s PAN card number, and the landlord’s signature. In case the landlord does not have a PAN card, the employee needs to submit a declaration form signed by the landlord.

Penalty for Not Submitting the Documents

If an employee fails to submit the necessary documents and declaration, they will not receive tax exemption for HRA. The HRA amount will be merged with the employee’s salary and taxed accordingly.

Tax Deductions of House Rent Allowance (HRA)

The House Rent Allowance (HRA) is provided by employers to help employees manage their rental expenses. It is a tax benefit provided to salaried individuals. The amount of HRA exempted from taxes is determined based on various factors. Employees need to provide rental agreements, rent receipts, and the landlord’s PAN card details to claim HRA tax exemptions.

Frequently Asked Questions (FAQs)

What are the documents required for HRA tax exemption?

To claim HRA tax exemption, employees need to submit rental agreements, rent receipts, and the landlord’s PAN card details (if the annual rent paid exceeds Rs. 1 lakh).

Can HRA be claimed without rent receipt?

HRA can still be claimed even if the rent receipts are not submitted at the time. However, it should be claimed while filing the income tax returns.

Can HRA be 100% exempted?

If the rent amount exceeds Rs. 1 lakh per year, it is mandatory for employees to provide their landlord’s PAN card details to avail the full HRA benefit.

How much rent is tax-free in India?

Rental income is tax-free if the property’s Gross Annual Value (GAV) is less than Rs. 2.5 lakh. However, if rental income is the primary source of income, taxes should be paid on it.

Is the landlord’s PAN card required for HRA?

As per recent government regulations, the landlord’s PAN card details must be provided while filing HRA claims if the annual rent exceeds Rs. 1 lakh.

Conclusion

Having a PAN card for HRA exemption is crucial for all income-earning individuals in India. The government’s decision to require the landlord’s PAN card details was made to prevent tax evasion and ensure transparency. By following the necessary procedures and providing the required documents, individuals can claim their HRA exemptions without any hassle.

Be aware of the regulations and guidelines related to HRA exemptions and consult with tax professionals if you have any specific queries or concerns. Make sure to stay updated with any changes in the tax laws to ensure compliance and avoid penalties.

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