22 March 2011
It depends on the employer who deduct tax. The employer has to satisfy himself before allowing any deduction to employee and employer has power to call any paper to verify genuineess of the employee's claim
28 July 2024
When it comes to claiming House Rent Allowance (HRA) exemption, the requirement of the landlord's PAN number depends on the amount of rent paid and the specifics of the tax regulations applicable in India. Here’s a detailed explanation:
### Requirement of Landlord’s PAN Number for HRA Claim
1. **PAN Required for Rent Above ₹83,333 per Month**: - According to the Income Tax Act, if the monthly rent paid exceeds ₹83,333, the employee must obtain and provide the PAN number of the landlord to their employer to claim HRA exemption. This rule is stipulated under the Income Tax Rules, 1962. - **Purpose**: This requirement helps the tax authorities track large rent payments and ensures that landlords also report their income properly.
2. **PAN Not Required for Rent Up to ₹83,333 per Month**: - If the monthly rent paid is ₹83,333 or less, the employee is not required to provide the landlord’s PAN number to the employer. However, the employee should still maintain records of rent payments and the rental agreement as part of their documentation.
### Documentation and Compliance
- **For Rent Exceeding ₹83,333**: The employee should: - Obtain the PAN number of the landlord. - Submit the PAN number to the employer along with the rent receipts and a copy of the rental agreement.
- **For Rent Up to ₹83,333**: The employee: - Should keep all rent receipts and rental agreements for their records but does not need to provide the landlord’s PAN number to claim HRA.
### Employer’s Role
- **Verification**: The employer is responsible for verifying the PAN number of the landlord if the rent exceeds ₹83,333 per month and ensuring the documentation is complete. - **Tax Reporting**: The employer will consider the PAN number of the landlord while processing the HRA claim and will also report it as part of the salary breakup in Form 16.
### Practical Implications
1. **Landlord's PAN Requirement**: - If the rent paid is high, it's crucial to obtain and provide the landlord's PAN number to ensure compliance with the tax regulations. - This helps in the proper verification and auditing of large transactions by tax authorities.
2. **Employee Records**: - Maintain detailed records of all rent payments, rental agreements, and communication with the landlord to substantiate your HRA claim.
### Summary:
- **PAN Number Needed**: Only required if the monthly rent exceeds ₹83,333. - **Documentation**: Keep all relevant documents (rent receipts, rental agreement) for both cases, but provide PAN number only when applicable.
These regulations ensure transparency and help the tax authorities in tracking and verifying substantial rent payments.