Tax obligation for a sublease agreement

1428 views 2 replies

We ( two bro) are having a commercial building which is in the name of my Father. We are now renting out to a single party with three separete 11 months rental agreement ( floor by floor) in

one n my name

one in my brother's

one in my Father's

Now the party to whome we are renting out is advising  my father ( building in Father's name) to have a sublease agreement with we both.

1> Is it advisable to have a sublease agreement like that?

2> if sublease come into existence, then howz the tax liabailty on the income we are receiving, shold my father is liable for all income or it will get splitted among us accoridng to the rental agrement. 

Please help

Replies (2)

You could actually have such an agreement and it could be worthwhile as well. It may help you save taxes. 

You father first lets it out to you and your brother and later u let it out to the client. For your father the rent he charges from you will be income from house property for which he will get 30% standard deduction. 

For you sub renting becomes income from other sources against which you reduce the rent you are paying it to your father. Further you could also deduct expenditures you might have to incurr on the building in the future as well. You need to compute the cost benefit ratio and take decision accordingly.

Please visit capraveenmr.wordpress.com for any clarifications contact me at mrpraveen @ live.com

If you two brothers are not the owners of the property, you cannot enter into rent agreement with the third party acting as a landlord. Your father is the owner and landlord for renting purpose.

You may enter into rent agreement with your father who will lease you the property for a meagre sum, and in turn, the leased property is further subleased to a third party by you entering into rent agreement with the third party. Rental income of your father shall be taxed under the head income from house property, and for both of you, income from other sources. Your father may claim 30% deduction but you two brothers cannot.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 18 June 2026
Article Assistance

RB KESHRI & CO.

Mumbai

CA Inter

View Details
Company
05 July 2026
Financial Controller

NovumLake Partners

Mumbai

CA

View Details
Company
ARTICLESHIP 09 June 2026
Article Trainee

Numbertree LLP

Mumbai

CA Inter

View Details
Company
09 June 2026
Accounts Associate

S Madan and CO

New Delhi

Graduate (Any)

View Details
Company
ARTICLESHIP 24 June 2026
CA Article Trainee

Rahul Dang & Associates

Pune

CA Inter

View Details
Company
06 July 2026
C.A./CA Inter OR pursuing C.A./GST/Accounts/Audit/IT - Head

Arvindkumar Maniar & Co.

Rajkot

CA

View Details
Company
25 June 2026
AUDIT MANAGER

JDAS & ASSOCIATES

New Delhi

CA

View Details
Company
ARTICLESHIP 24 June 2026
ARTICLE ASSISTANT

BHUPINDER SHAH AND COMPANY

New Delhi

CA Inter

View Details