RENT paid to wife's House property - tax implications

Mr.A's wife is B.   Both are senior citizens.   B acquired house property out of her own income.   She has not let it out.   After retirement she is having paltry income through tutions well within Tax limit.

Now husband A has sold his house to a third party. Both are moving to B's (wife's) house and the husband intends to pay rent of Rs.15000 per month and a Repayable Advance of Rs.90,000/-  to his wife. 

What are the implications from the tax point of view?

1)   Will the rent paid  to his wife can be taken as her income and subjected to tax ?

2)    Should TDS apply in this case ? 

3)    Or the rent paid to her will be treated as Gift and included as income of the husband.

4)    For the rental paid, whether Husband can take appropriate tax benefits ?

rajarajan
 

Replies (3)
Quick Summary
This discussion explores the tax implications when a husband pays rent to his wife for her house property. It clarifies that the rent paid will be considered her income and subject to tax. TDS is not applicable as the monthly rent is below the threshold. The payment is treated as rental income for the wife, not a gift to the husband. While the husband may be able to claim tax benefits under Section 80GG, there are specific declaration requirements (Form 10BA) that need careful consideration.

1)   Will the rent paid  to his wife can be taken as her income and subjected to tax ?

= Yes

2)    Should TDS apply in this case ? 

= No as the monthly rent does not exceed Rs. 50K

3)    Or the rent paid to her will be treated as Gift and included as income of the husband.

= No. It will be shown as Income From House Property.

4)    For the rental paid, whether Husband can take appropriate tax benefits ?

= Yes. 

Just because he sold the property the gains can't be set off with rental payments for a house and I don't think you can claim any tax benefit, the rest I agree with Asha Kanta Sharma.  TDS on rents has to be deducted only when it exceeds Rs 2,40,000/- per year. 

If the Husband has to claim deduction under Section 80GG for the rent paid to his wife, he has to submit a Declaration in Form 10BA  (please see rule 11 B also). The wordings of the Declaration in 10BA is given below.   If 10BA is closely studied, I have doubts whether he can claim deduction u/s 80GG.   

Whether some experts can clarify about this? 

The wordings of 10BA is given below:

"It  is  further  certified  that  no  other  residential  accommodation  is  owned  by

(a) me/my  spouse/my  minor  child/our  family  (in  case  the  assessee  is  HUF),  at   where  I/we ordinarily  reside/perform  duties  of  office  or  employment  or  carry  on  business  or  profession,  or

(b) me/us  at  any  other  place,  being  accommodation  in  my  occupation,  the  value  of  which  is  to  be  determined

It  is  further  certified  that  no  other  residential  accommodation  is  owned  by

(a) me/my  spouse/my  minor  child/our  family  (in  case  the  assessee  is  HUF),  at   where  I/we ordinarily  reside/perform  duties  of  office  or  employment  or  carry  on  business  or  profession,  or

(b) me/us  at  any  other  place,  being  accommodation  in  my  occupation,  the  value  of  which  is  to  be  determined"

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