It is common scenario that an employee, to save income tax, resorts to claim relief for House Rent Paid u/s 10(13) of Income Tax Act. It is an easier option to claim tax relief especially in cases, where the parents are not having any income subject to Income Tax. However, here many tax payers have a question whether doing do is legally correct way and that they would not land in any trouble.
So, here we come to the Question, Can You Pay Rent to Parents and Claim HRA?
Yes, an assessee can pay house rent to their parents and claim House Rent Allowance (HRA) exemption under certain conditions. This is a common tax-saving strategy, especially when the parents own the property where the assessee resides.
Conditions for Claiming HRA:
Actual Rent Payment: The rent paid should be a genuine transaction, not a sham arrangement to reduce taxable income.
Rent Agreement: A valid rent agreement between the assessee and parents is essential.
Rent Payment Proof: The assessee must have proof of rent payment, such as bank statements or rent receipts.
Parent’s Income Tax Return: The parents must declare the rental income received in their income tax returns.
HRA Received from Employer: The assessee must be receiving HRA from their employer.
Deduction of TDS on Rent paid, where applicable: TDS is liable to be deducted on rent so paid where the rent paid exceeds Rs 50,000 per month. Such TDS should be deducted where applicable.
Precedents and Case Laws:
While there’s no specific case law directly addressing this scenario, the general principles of HRA exemption apply. The tax authorities will scrutinize the genuineness of the rent payment and the relationship between the assessee and parents.
Positives and Negatives of Paying House Rent to Parents to claim exemption of HRA:
Positives:
Tax Savings: The assessee can reduce their taxable income by claiming HRA exemption.
Property Tax: Your parents may be able to claim a deduction for property tax paid on the rental property.
Interest on Home Loan: If the property was purchased with a home loan, the interest paid can be deducted from rental income.
Negatives:
Scrutiny: The tax authorities may closely examine the arrangement to ensure it’s not a sham transaction.
Potential Disallowance: If the authorities find the arrangement artificial or lacking genuine intent, the HRA exemption may be disallowed.
Increased Compliance Burden: Both the assessee and parents would need to maintain documentation and comply with income tax regulations.
Additional Considerations and Precautions while paying House Rent to Parents:
Rent Agreement:
Ensure the rent agreement clearly states the terms of the tenancy, including the rent amount, duration, and other relevant details.
Fair Market Value: The rent should be at or near the fair market value for similar properties in the area.
Stamp Duty: Comply with local stamp duty requirements for the rent agreement.
Proof of Rent Payment: Bank Transfers: Regularly transfer rent payments to your parents’ bank account.
Rent Receipts: Obtain rent receipts from your parents to document the transactions.
Parent’s Income Tax Return:
Accurate Reporting: Ensure your parents accurately declare the rental income in their income tax returns.
Alternative Arrangements:
Lease Agreement: If your parents are not comfortable being the landlord, consider a lease agreement with a third party and then subletting the property to you.
Legal Complications:
While the approach is generally permissible, there are potential legal complications:
Gift Tax: If the rent paid is considered a gift to parents, it may be subject to gift tax. However as the rent is being paid to parents, all gifts are exempt from any tax, However Rent must be paid by banking channels and not in cash as the gifts paid in cash beyond a limit are taxable.
Benami Transactions Act: If the rent payment is found to be a benami transaction (where the real owner is different from the person in whose name the property is held), it can lead to legal consequences.
Fraudulent Claims: If the rent payment is found to be fabricated or false, it can result in penalties and legal action.
Various Judgments on similar aspects
Commissioner of Income Tax v. M.P. Sugar Mills Ltd. (1984): This case emphasizes the importance of the genuineness of transactions for tax purposes. If the rent payment is found to be a sham or artificial arrangement, the HRA exemption may be disallowed.
Commissioner of Income Tax v. M.A.M. Ramaswamy (1971): This case highlights the need for a clear and unambiguous rent agreement to substantiate the claim for HRA.
Fair Market Value:
Commissioner of Income Tax v. K.B.S. Sastri (1971): This case underscores the requirement that the rent paid should be at or near the fair market value for similar properties in the area.
Relationship Between Parties:
Commissioner of Income Tax v. S.P. Sharma (1979): This case emphasizes that the relationship between the parties involved in the transaction should not be a factor in determining the genuineness of the rent payment.
While these cases don’t directly address the specific scenario of paying rent to parents, they provide general principles that can be applied to assess the validity of such arrangements.
