Tax treatment of sublease

1. If someone rents a large house and further sub leases out a portion of it to a 3rd party, how should income from Rent be treated from the sub lease? Which schedule of the ITR should be used?

 

2. If the use of the house (not the house, but the use of the house) is given by owner A as a gift to a blood relative person B , and the person B sub-leases out a portion of that to an unrelated 3rd person C,  how should B account for income received from C.  It seems that Schedule HP for rental of house property is only applicable to owners?  If B is responsible for upkeep, maintenance of house, and even pays property tax, then can B use Schedule HP to claim 30% deduction with respect to rental income?  Does A need to do anything on their  IT return with respect to this property?

 

 

Thanks

Replies (4)

The rent agreement should expressly permit subletting. 

Rent received by 'B' can be recorded under income from other sources. - Schedue OS - 1c

Income from sublease will be shown as "Income from other sources".

In Second case if by way of Gift if the property get registered in the name of Mr.B, then Mr.B will be owner and he will be taxed under head Income from HP 

Thanks. So, if income  is recognized under other sources then the deduction of 30% against that income is not available to person B? Is B allowed any deductions against this other income?

 

 

 

Any other expenditure (not being in nature of capital expenditure) incurred or expended wholly and exclusively for the purpose of making or earning income chargeable under the head ‘Income from other sources’, is deductible.

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