Query on Rent receivables

Tax queries 218 views 5 replies

Respected sir/Madam.
Client property is in name of his father who expired a year ago. (Still in his name of the father). There are 4 tenants in 2 address.
It generates Rs 56000pm.

1.Shall his mother receives cheque for Rs18000pm + Rs18000pm from 2 tenants in her name and as a son receive Rs10000pm and Rs10000pm from 2 tenants ?

2.The tenants do not do TDS. In this case do client need to do TDS on his own

Kindly advise pls.

Replies (5)
Reply as per Your query (doubt) :

TDS can't be payable by self...
But, Your client can be PY at the time of filling ITR as self assessment tax or he can pay Advance Tax...

Note : Property is in the name of father and he is also expired. So, better way to follow transfer of assets. otherwise they can as legally...

The requirement to deduct TDS on rent is on payer of rent under section 194I/194IB. 

Payee (your client) is not required to deduct TDS.

 

If the client receives the rent from his employer who deducts tds...
Now here son and his mother are the heirs to the prporty . They will mutually decide who will receive the rent.
a joint account in bank is sufficient.

Dear Bhalaji,

As per Section 194IB of Income Tax Act, An Individual or HUF (Other than referred in section 194I) (Here, referred your tenants), responsible for paying to a resident (here, referred your client) any income by way of rent exceeding of INR 50,000 Per month or a part of a month then TDS rate of 5% shall be deducted from the payment to the landlord.

In your case, there are different tenants, each of paying rent less than INR 50,000 per month so, there is no applicability of TDS arises on tenants as the limit is not exceeded INR 50,000 on each hand and there is no such liability arises your client too.

Further, in my view, the Tax liability on rent income will arise while filing the return of your mother. (In case no will deed made) If will deed exist, then taxability of Rent income arises in the hand of the transferee.

Thank you very much sir.

My understanding is mother can collect rent from 2 tenants and son can collect rent from two tenants with mutual concern. (Pls note there is no will deed made.)


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