I am a pensioner. I am having a house at my native, where my mother is staying. no rental income. I am staying at Chennai. can I claim house rent exemption ?. How much?
Yes, you can claim exemption on your House Rent Allowance (HRA) under the Income Tax Act if you stays in a rented house and you are in receipt of HRA from your employer. In order to claim the deduction, you must actually pay rent for the house which you occupies.
A HRA is exempt under section 10(13A) up to, which is least of the following: –
a. Actual HRA received;
b. 50% of [basic salary + DA] for those living in metro cities i.e. Mumbai, Delhi, Chennai or Kolkata) (40% for non-metros); or
c. Actual rent paid less 10% of [ basic salary + DA + Percentage based commission of turnover ]
As you are receiving pension, if your pension amount is also include HRA than you can claim HRA exemption. (You are required check your pension amount bifurcation like basic salary, HRA, other allowance ect. if any included in pension amount)
second condition to claim HRA is you stays in a rented house at Chennai and actually paying rent for chennai house.
If your pension doesn't include HRA Portion than you can't claim HRA exemption. As it's prerequisite to claim HRA Exemption that, if you are receiving HRA as part of your salary/pension than only you can claim HRA exemption.
As per section 80GG of the Income tax act non- salaried person as well as salaried persons not getting house rent allowance may claim deduction of house rent paid for self-occupation.
Least of the following is eligible for deduction
Rent paid minus 10% of total income 25% of total Income Rs 5,000/- per month
“Total income” shall mean total income before allowing deductions u/s 80GG.
The above deduction is not available to the assesse where a residential accommodation is
owned by Individual assesse or his spouse or minor child or HUF at the place where he ordinarily resides or performs duties of his office or employment or carries on his business or profession; or
owned by Individual assesse a self-occupied residential house property at any other place which have been valued at “Nil” under income from house property.
So, As you have a house at your native place, not rented, which is considered as Self occupied property (SOP) under house property, you can't claim deduction u/s 80GG.
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