Income tax on advance rental

Advance rental received in Jan 14 for house property for 12 months from Jan 14 to Dec 14.Whether the tax liability will be for AY 13-14 or will be for AY13-14 & 14-15 (part of rent from jan to march for AY 13-14  and remaining 9 months rent for AY 14-15)

Replies (1)

Dear Sir

Rent in your case can be offerred in 2 different years - AY 2013-14 & AY 2014-15 (advance rent cannot be rent received/receivable of the year of receipt - CIT v. Prince Rubber & Plastics [2004] 1 SOT 85 (Asr).).

Further, if TDS has been made from such advance rent, you have to claim TDS in 2 AY, proportionately to the income you offer. (As per Circular No.5/2002, you can make the proportionate claim of TDS for different AYs based on a single certificate. - please confirm this circular with someone as I don't know if its effect has changed in the light of Form 26AS).

Regards

Ajay

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