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Tax Return - Non Resident (House Property)

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Case: Husband bought a property in the name of himself & his wife (50:50 share). Husband paid down payment as well as pays all money regarding EMI. Wife is housewife, with no income.
Now, rent is coming from this property. All rent comes in wife's bank account. TDS is deducted on this rent on wife's PAN.
Husband and wife lives and work in Dubai. They both are Non-resident.

Now, the queries are:
- In whose return rent income will be shown: husband or wife ? or wheather half rent income in husband & half in wife's return, based on there share in property ?
- Whole TDS was deducted on wife's PAN. So, if income is taxable in the hands of husband, how can he claim TDS deducted ?

Any other point you would like to mention.


Thanks & Regards
Replies (2)
Rent is received by wife . Tds deducted accordingly. So wife will file return in case her annual income is more than threshold income.
Will clubbing of income not apply ?

Wife has never filed income tax return. She never had any income. She still don't have any income other than this rent. Wife is co-owner but husband pays whole EMI.

Someone told me about Form 37BA. Please confirm if it is relevant in this case. If yes, than how to use it.


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