Student
3986 Points
Joined July 2018
1. Though renting out a building looks very complex from a tax angle. The important question is whether the same would be chargeable to tax under the head IHP or PGBP..?
2. In case of an income to be charged under the head IHP, there must be a rental receipt from periodical basis from the tenant. This rental income will only be subject to the portion of your building let out only for the purpose of rent. There will be a rental agreement with respect to the above income and consequently, it will be for a longer period (say 11 months).
3. Whereas in case of business income above features will not be present, there will be bill raised on per day basis or for a month in some cases, and besides renting out the building other amenities will also be provided by the owner. Even if no formal Memorandum of Association (like for company) is present the same will be charged to tax under the head PGBP and it can never be charged to tax under IHP.
4. You may be having a building but there will be the difference when you let it out for lodging purpose and when u let it out for the residential purpose. These differences should be given due consideration while segregating your income.
5. With respect to income from Hotel business, sec 44AD can be availed on the same.
Please correct me if the above interpretation has an alternative view.