New HRA Rule (Draft IT Rules 2026): What Salaried Employees & Professionals Must Now Do



Quick Summary
The Indian government is introducing a new rule under the Draft Income-tax Rules 2026, requiring salaried employees and professionals to disclose their relationship with their landlord when claiming House Rent Allowance (HRA). This change shifts HRA from a self-declared deduction to a data-verified one, aiming to curb fraudulent claims within families. Genuine claims are unaffected, but those based on fabricated rent payments or undeclared rental income will now be automatically detected, potentially leading to significant penalties.

The government is tightening verification of tax deductions. One important change affects House Rent Allowance (HRA), a deduction widely used by salaried individuals.

Under the Draft Income-tax Rules 2026, employees claiming HRA will now have to disclose their relationship with the landlord in Form 124.

This small-looking change actually converts HRA from a "self-declared deduction" into a data-verified deduction.

Let's understand what it means in simple terms.

HRA Rule Change: What Employees and Professionals Must Do

Why This Rule Is Introduced

Many HRA claims in India happen within families:

  • Paying rent to parents
  • Paying rent to spouse
  • Paying rent to relatives while living in own property
  • Showing artificial rent payments for tax saving

Until now, employers mostly accepted rent receipts and PAN details. The tax department could verify only during scrutiny, which rarely happened.

Now the system will automatically cross-check:

Verified With What They Check
Landlord ITR Did landlord declare rental income?
Property records Does landlord own the property?
Banking trail Was rent actually paid?
Relationship disclosure Is this a family arrangement?

This means the department will identify mismatch instantly without manual scrutiny .

What Exactly Changes in Form 124

Earlier employees submitted Form 12BB to employer.

Now Form 124 replaces it and asks an additional critical detail:

"Relationship with the landlord, if any"

So while claiming HRA you must provide:

  • Landlord name
  • Address
  • PAN / Aadhaar
  • Rent amount
  • Relationship with landlord (new mandatory field)

Does This Mean Paying Rent to Parents Is Not Allowed?

No, it is still allowed.

But now it must be real and provable.

You can claim HRA for rent paid to parents if:

  • Parents own the property
  • You actually live there
  • You transfer rent via bank
  • Parents show rental income in their ITR

You cannot claim HRA if:

  • Property is yours but registered in relative name only for tax saving
  • Rent is paid in cash and returned back
  • Parents don't declare rental income
  • Fake rent receipts are created

Penalty Risk (Very Important)

If the department detects false claim:

Penalty up to 200% of tax under under-reporting provisions

Earlier you could say "I didn't know". Now disclosure is mandatory, so ignorance cannot be used as defence.

 

Practical Examples

Genuine Case (Allowed)

Rahul works in Chennai and lives in his father's house.

  • Transfers Rs 15,000 rent every month via bank
  • Father declares rental income
  • Rental agreement exists

HRA claim valid

Risky Case (Will Be Caught)

Amit lives in his own flat but shows rent to mother for tax saving.

  • No actual payment
  • Mother doesn't report income

System mismatch → penalty possible

What Employees Should Do Now

Step-by-Step Compliance

  1. Make a rental agreement
  2. Pay rent through bank transfer only
  3. Take landlord PAN
  4. Ensure the landlord files ITR with rental income
  5. Give the correct relationship in Form 124
 

Impact on Taax Planning

Earlier HRA was a planning tool.
Now it becomes a compliance-based deduction.

Good news:

  • Genuine taxpayers remain safe
  • Fake deductions will reduce
  • Automated scrutiny reduces future notices

Final Takeaway

The government is not removing HRA benefits, it is removing unverifiable claims.

If your rent transaction is real, nothing changes.

  • If it exists only on paper, it will now be detected automatically.
  • HRA is moving from declaration → verification → accountability.

Under the Draft Income-tax Rules 2026, employees claiming HRA must now disclose their relationship with the landlord in Form 124, turning HRA into a data-verified deduction.

The rule is introduced to prevent tax evasion through fake HRA claims, particularly those involving payments to family members like parents or spouses, which were previously difficult to verify.

In addition to the landlord's name, address, PAN/Aadhaar, and rent amount, you must now provide your relationship with the landlord.

Yes, you can still claim HRA for rent paid to parents, provided they own the property, you live there, rent is paid via bank transfer, and your parents declare the rental income in their Income Tax Return (ITR).

If a false HRA claim is detected, you could face a penalty of up to 200% of the tax under under-reporting provisions, as ignorance is no longer a defence due to mandatory disclosure.

Ensure you have a rental agreement, pay rent via bank transfer, obtain the landlord's PAN, confirm the landlord files their ITR with rental income, and correctly state your relationship with the landlord in Form 124.




About the Author

Tax Consultant

EFILETAX is your one-stop solution for all your income tax, GST, ROC, and MCA filing needs. We offer expert tax consultation and preparation services to businesses and individuals in Chennai, Bangalore, Hyderabad, Mumbai, Delhi India Our team of experienced professionals stays up-to-date with the latest ... Read more

Click here to Login and post comments    OR


Related Articles


Loading


Popular Articles





CCI Pro

CCI Articles

submit article


Company
16 July 2026
Manager - Finance & Accounts

Aliens Group

Hyderabad

CA Final

View Details
Company
ARTICLESHIP 16 July 2026
Article Assistant

G A R U D & Associates

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 11 July 2026
Article

SNCO

Mumbai

CA Inter

View Details
Company
22 June 2026
Accountant

Global Image Technologies Private Limited

New Delhi

MBA

View Details
Company
ARTICLESHIP 16 July 2026
Article Assistant

Sahil Agarwal & Company

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 28 June 2026
Article Assistant

Sharma Chetan And Company

Gurgaon

CA Inter

View Details
Company
ARTICLESHIP 07 July 2026
Articleship

Jawahar and Associates Chartered Accountants

Hyderabad

CA Inter

View Details
Company
14 July 2026
Senior Executive/ Manager

H S SHARMA AND CO

Pune

CA Final

View Details