In terms of section 10(13A) & Rule 2A of the amended finance act 2020, a salaried person can claim the exemption in respect of House Rent Allowance received from his/her employer. The least of the following three amounts is exempt from income tax:
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:
- If an HRA is received by an employee who is living in his own house or if he does not pay any rent, the HRA received is fully taxable income
- The employee must report the PAN of the landlord to the employer if rent paid is more than Rupees one lakh (Rs.1 00,000) [ As per Income tax Circular No. 08 /2013 dated 10th October 2013].
- HRA paid cannot be more than 50% of an employee’s basic salary.
- An employee can claim the House Rent Allowance (HRA) exemption as above for the payment of rent made to his/her parents and collect a receipt for the HRA claim. However, similar rules don’t allow him/her to pay rent to spouse and claim a tax exemption.
- In case your landlord is an NRI, you must deduct 30% tax from the rent amount that needs to be declared
- The salaried person who opts for the new regime under section 115BAC is not eligible to claim deductions on the House rent allowance
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[Nearly, 104 amendments are made either by amending/omitting existing sections or by insertion of new sections. In this article, the amendments, which are most relevant to salaried persons, are covered below.]