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Rental Income from a Joint Holding property

Tax queries 768 views 10 replies

If a person has purchased some property in his and her mother's name (money expenditure by that person) and wants to rent out the property. Can he take the whole rental income in his mother's account. How will it be taxed? And how to show rental income in ITRs? Can mother show full rental income in her ITR only.

Please clarify.

Replies (10)

No. If the property is jointly owned, both must disclose their respective shares in their ITRs.

If a property is purchased in both the person's and their mother's names, the rental income must be taxed according to each co-owner's share of ownership, regardless of who actually receives the money. The entire rental income cannot be shown in the mother's ITR alone unless she is the sole owner; otherwise, each co-owner must report their respective share in their own income tax return (ITR).

So if whole money was given by son but in registry name of son and mother both appear, rent can be taken in mother's account and half half amount to be shown in ITR of both persons. Is it correct.

Also in agreement whose PAN No should be mentioned, I think of both persons. Correct.

Thanks 

  1. Correct
  2. Yes.

Thanks for quick reply and clarification.

So I think same will happen if he sells the residential property (flat or house or land) with similar case, both have to show half half of gains as their income, even if whole amount was paid by son while purchasing.

Yes, that is true because the same pattern will reflect in AIS/TIS report.

Thanks for quick reply 

You are welcome.     

Rental Income should be bifurcated between respective individuals. So, it is cannot entirely reported in the mother's ITR. However, where the person is minor then the minor’s share of rental income should be clubbed in the hands of the parent, and in effect, the mother may disclose the entire rental income in her ITR, subject to proper disclosure of clubbing.

Person is declaring property in his ITR as jointly owned with 50-50% share. But mother has not shown in her ITR. Should she also show it in her ITR. Please note whole money was given by son.


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