Rental agreement

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My wife and I are joint owner of our residential flat. We would like to rent out to a company for long term lease of 3 years.

I am traveling abrode for business so my wife will be signing the agreement and ll do ragistration too.

my question is:

1) my name will not  be in agreement, can I still claim rental income & exp.I am sure it ll be a loss as my income is less than my EMI payments. Do we need to split in 50%.

2) I am in paying almost 10lacs in income tax alone due to high income, how can i take benifit of above senario

3) the company ll deduct TDS but I told them that i want net amount as I dont know if I am eligible to claim TDS. is form 1 necesary to claim TDS dedction?


 

Replies (3)

Assumpstions - You & your wife both are equal owners of property - say 50% each.

1 You will have to give your wife authority to sign on your behalf through proper Agreement.

2. Both will taxed in equal proportion of rent recd.

3. TDS will be deducted of both of you in equal share as you will get rent in equal share

Regards CA Amit Otwani

 

Suppose in above case lease amount exceeds Rs. 10 lacs then who will be liable to pay service tax??

And whether service tax exemption would be separately for both husband and wife??

Exemption limit is available to both of them separately.

Even if total rent is above 10 lacs & below 20 lacs - no service tax

Regards CA Amit Otwani


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