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Querist : Anonymous

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Querist : Anonymous (Querist)
18 November 2014 Hi Guys,


Rent paid to spouse, Can it be claimed under HRA exemption u/s10(13A)?
Provided:
1. If wife does not earns independently?


Thanks in advance .


Regards,
Ravi Sharma.

18 November 2014 yes. it is allowed if the house is in the name of wife. refer Bajrang Prasad Ramdharani vs. ACIT (2013)

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Querist : Anonymous

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Querist : Anonymous (Querist)
18 November 2014 In my case it is joint ownership but wife is first owner . In this case wht happens?




18 November 2014 Joint ownership means you also the owner of the property such as case you cannot claim the HRA exemption for paying rent to spouse

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Querist : Anonymous

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18 November 2014 but not primary owner. Is that matters ?

18 November 2014 Under Income tax primary or second ownership does not matter

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Querist : Anonymous

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Querist : Anonymous (Querist)
18 November 2014 okay. one more thing, is the wife independent earning matters for this?

18 November 2014 There are 2 scenarios

1. House is bought by wife in her own income then there is no issue, rent paid by husband too wife is allowed as HRA & the wife has to show the rental income in her return

2. If the wife is not earning and the house is bought by you on her name then entire rent income of wife will be again clubbed in your income

but joint ownership there is no question of rent exemption under HRA




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Querist : Anonymous

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18 November 2014 Thank you Ramesh.


i got the point.

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Querist : Anonymous

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Querist : Anonymous (Querist)
19 November 2014 How can i get tax exemption on this.? I am paying Housing EMI and the property is on my name. Am i eligible for HRA exemption?
If not, is there any alternative for tax planning?

19 November 2014 since staying in own house, HRA exemption not available.

you can claim the housing interest deduction which you paying on your emi is eligible ( interest portion) under section.24(b) maximum of Rs.1.50 lakh

Principal amount is eligible for deduction under sec.80C maximum of Rs. 1 lakh




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