• Rent to mother-in-law & home loan tax benefits

Rent to Mother-In-Law & Home Loan Tax Benefits 

Case Scenario: I will be a joint owner with my mother-in-law and wife in a self-occupied property. I will be taking home loan also in which mother-in-law and wife will also co-borrowers. But only I will be paying EMIs for that home loan. 

Q1: Can I pay rent to my mother-in-law to continue claiming HRA? In this case I don’t indent to claim home loan benefits as Under Section 80C I exhaust limit via insurance policies and kids’ tuition fee etc. 

Q2: Also, they are not paying the EMIs, but can they claim tax benefit of principal and interest in their annual ITR? 

Q3: Stamp Duty Payment is going from joint account of my wife and mother-in-law. Can we all claim exemption in our ITR for prescribed limit?
Asked 6 years ago in Taxation

3 answers received in 2 hours.

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12 Answers

House rent allowance granted to an employee who is residing in a house/flat owned by him is not exempt from income tax. The disbursing authorities should satisfy themselves in this regard by insisting on production of evidence of actual payment of rent before excluding HRA from the total income of the employee.”

2) a taxpayer is entitled to claim the HRA exemption for rent paid to his  mother in law  provided the taxpayer maintains robust documentation to prove there is a genuine commercial arrangement between you and the mother in law and  and rent has been paid.

 



3) in the present case you are co owner of the house and all EMI is being paid by you . it does not appear to be genuine commercial arrangement 

 

4) you are paying the entire loan installment and the co-borrower is not contributing any payments. In such a case, you may claim the entire interest as a deduction in your Income Tax Return

 

5)  Owners who are not borrowers and do not contribute to the EMI shall be devoid of the tax benefits.

 

6) Stamp duty and registration charges of a property can also be claimed by the joint owners

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

1. Yes you can. 

2. If they are not paying the loan they will not be able to claim. If they claim and scrutiny comes it will be difficult for you to explain this arrangement. 

3.It can be claimed jointly if paid jointly

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

NO,

NO,

Only they can claim exemption.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Dear Sir ,

My answers are as follows ,  subject to Second opinion by the CA 

Q1: Can I pay rent to my mother-in-law to continue claiming HRA? I
n this case I don’t indent to claim home loan benefits as Under Section 80C
I exhaust limit via insurance policies and kids’ tuition fee etc.
A. You cannot get any HRA benefit since it is a joint property of yourself , your wife and
Your MOther-in-law .

Q2: Also, they are not paying the EMIs, but can they claim tax benefit
of principal and interest in their annual ITR? -
A. Yes to the extent of their respective % of ownership i.e 33.33%

Q3: Stamp Duty Payment is going from joint account of my wife and mother-in-law.
Can we all claim exemption in our ITR for prescribed limit?
A. Please clarify this Question with CA

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1. See since you are co-owner HRA benifit cannot be taken.

2.  No you pay emi from your account you shall have benefit of same.

3. They are paying they will take exemption of same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can claim HRA under this Section by filling up a Form 10BA. You can only claim HRA under this Section only if you are staying in a rented accommodation and paying rent. This house shouldn't be co-owned by you and also you don't own any house in the same city. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If you cannot pay online, an online receipt for Form 26QB with a unique Acknowledgment Number is generated for you. This is valid for 10 days after generation. You can take this to one of the authorized banks along with your cheque. The bank will proceed with the online payment and generate your challan.

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

You cannot claim HRA if you are co-owner in that property who is paying EMIs of the house. 

They cannot claim tax benefits if they are not paying the EMIs of housing loan. 

No you all cannot claim the tax benefits in ITR because the co-owner who is not paying the EMIs cannot claim the tax benefits from EMI payments 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Yes you can from your account make such payment and she can pay you the same amount and she can take benefit of same. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Since you are also a joint owner how do your think that you can become eligible for IT exemption by paying rent to your own house?

If they are not paying any loan repayment or interest payment towards home loan they cannot claim any exemption  in IT.

You may alone claim that and not others.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

Any amount paid from your account shall be considered as payment made by you alone and not by others.

Hence do not run a risk that way.

 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

You can make but if scrutiny comes you need to state the source of payments

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

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