Hra exemption if someone stays in parents house

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

22 August 2012 Dear Sir,

Can a assessee claim the HRA exemption if he stays in his parents house and pays rent for the same.

Thank you.

CA CS Amit S. Kedia

CA CS Amit S. Kedia (Expert)
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22 August 2012 Yes. .. Certainly a person can get exemption of HRA even if he pays rent to parents.

Message likes : 1 times

CA AYUSH AGRAWAL

CA AYUSH AGRAWAL (Expert)
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22 August 2012 No, I dont remember The Exact Case Law, But if Rent Paid to Parents Seem to be Full Adjustment Then Its Not Allowed.

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CA CS Amit S. Kedia

CA CS Amit S. Kedia (Expert)
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22 August 2012 You can claim exemption on rent given to parents. For example, you live with your parents and pay them rent. This would technically make your parents the landlords. In such an case, one of your parents should declare the rent paid by you in his/her personal income tax return to prevent litigation in future. However, you cannot claim exemption on rent paid to your spouse. The relationship between a husband and wife is not commercial in nature and they are supposed to stay together.

You should provide your employer with accurate rent information so that the company can credit you with the eligible amount of relief before deducting tax at source. Another alternative is that you can also claim such exemption when you file the tax return and seek a refund.

CA CS Amit S. Kedia

CA CS Amit S. Kedia (Expert)
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22 August 2012 Dear Member,
I would like to draw your attention towards section 10(13A) which entitles HRA exemption if rent is actually incurred.
There is no other condition in this regard. Income tax authority has right to tax the rent income in the hands the person getting the rent but exemption can not be denied merly on the ground that the person is living in his parents house.