Rental income from joint properties

Tax queries 395 views 7 replies

Dear community, 

I require your help to figure this out

FACTS:
There are some house properties and vacant lands that are jointly owned by myself, my sister, and my mother. Rent is being credited directly to my mother's account based on the NOC given by my sister and myself. We don't want to claim anything from that rent. These properties were inherited equally by all three of us from my Late father based on Hindu Succession. TDS where applicable is also being deducted by the tenant only in my mother's name.

DOUBTS:
Whether the income from rent need to be shown in the ITR of all co-owners or only in my mother's returns? Is this a case of diversion of income by overriding Title or merely an application of income?

Replies (7)
Rental income from jointbproperties are very pertinent.
How much is the rent ?

The total rent is around 15 lakhs per financial year from various sources. Even if we do divide the rent equally the TDS is already deducted in only one co-owner's name. Can TDS be transferred to other co-owners while filing ITR?

1. Even if the recipient is your mother the rent still accrues in the name of all three..so it is taxable equally in the hands of all three persons.
2. transferring tds can be done only by the person who is paying the rent by filing a rectified return.
3. you cannot transfer tds credit from one person to another

Is it not possible to Claim TDS under Income Tax rule 37BA(2) and bifurcate while filing ITR?

Did you even read my answer..read point 2 of the previous answer. It says " you " can't transfer...and "you" are the deducted not the deductor. The "deductor" can transfer credit by filing a revised return not "you" 🚶

I did read your answer and you are in fact wrong. There is an option in the ITR form itself where iam (deductee) able to provide TDS credit to other person by correcting it myself. The deductor doesn't have to file any revised return.

Please don't spread misinformation on the forums as it can have consequences for other taxpayers.


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