• Tax benefit under home loan

I am the owner of my land/house.I have taken loan from SBI and paying the EMI.I am claiming tax benefit under Sec24 as well as under 80C.The property is let out.But the rent is received by my mother.The rent is transferred directly to my mother's account.My mother does not have any other income apart from this.My parents are not staying in this property.

So my question is ,shall I show this monthly rent as my taxable income?
Asked 6 years ago in Income Tax

Hi,yes, if the property is in your name, you will have to show this income in your return and pay tax on it.

Going forward, it is strictly advisable to stop receiving the amount in your mother's account. Get it in your account.

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

4.8 on 5.0

Dear Sir,

As per clubbing provisions, rent will be taxable in your hands only with the benefit of interest u/s 24 and principal payment u/s 80C. Is any TDS deducted in the name of your mother?

Thanks

Vivek Kumar Arora
CA, Delhi
4848 Answers
1044 Consultations

5.0 on 5.0

Hi

The rental income shall be taxable in your hands only irrespective of the fact that the rents are received in your mother's account.

You can claim standard deduction on rent and section 24 and section 80C deductions that you are already claiming.

Lakshita Bhandari
CA, Mumbai
5687 Answers
911 Consultations

5.0 on 5.0

as per Income Tax Act, Yes you have to include such income in your ITR, other wise if any scrutiny initiate then this income will clubbed in your income and interest and penalty levied.

Lalit Bansal
CA, Delhi
773 Answers
61 Consultations

5.0 on 5.0

Even if your mother is filing return, you should not show the income in your mother's return. You should show this income in your return.

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

4.8 on 5.0

Dear Sir,

Inspite of your mother is filing ITR, it should be clubbed in your hands itself.

Thanks

Vivek Kumar Arora
CA, Delhi
4848 Answers
1044 Consultations

5.0 on 5.0

Yes you need to show this as taxable income in your income tax return as you are the owner and you have the right to receive the income.

Vidya Jain
CA, Kolkata
1010 Answers
58 Consultations

4.8 on 5.0

Yes this will be presumed to be your income. Irrespective of whether it is received in your account or your mothers, you will be liable to pay taxes on it.

Nikhil Khanna
CA, Mumbai
1429 Answers
19 Consultations

4.8 on 5.0

Even if your mother is filing return, my suggestion is not to show this as her income and disclose it in your return.

Regards,

Nikhil.

Nikhil Khanna
CA, Mumbai
1429 Answers
19 Consultations

4.8 on 5.0

Hi,

Hope you are doing well !

Yes as per clubbing provision, you will have to include this income in your return.

As you are already claiming tax benefit under Sec24 as well as under 80C.

It is advisable to make arrangement to receive money directly in your bank account.

Thanks & Regards,

Payal Chhajed

Payal Chhajed
CA, Mumbai
5188 Answers
289 Consultations

5.0 on 5.0

Dear Sir,

Yes,it will be treated as your income due to clubbing provision even if your mother is filing return.

Warm Regards,

Karishma Chhajer

Karishma Chhajer
CA, Jodhpur
2450 Answers
29 Consultations

5.0 on 5.0

As per provision of section 60 to 63 clubbing provision applicable so you have to show this rental income under your ITR being the owner of property

Nitin Jain
CA, Jaipur
214 Answers

4.7 on 5.0

Hi,

As you are the owner of the property, the income generated from the property shall be included in your income, irrespective of the fact the rent is transferred to your mother's A/c.

Also, if you are claiming the interest and principal repayment in your return then the rent income should also be included in your return of Income.

If in case your mother is co-owner of the property then the income shall be taxed in her hands else you should add the rent income to your taxable income.

Hope your queries are resolved!

Siddhant Shah
CA, Mumbai
120 Answers
1 Consultation

5.0 on 5.0

Hi

As per the clubbing provisions of IT Act,you have to disclose these rent income in your ITR and pay taxes on it.

Swati Agrawal
CA, Mumbai
1146 Answers
7 Consultations

5.0 on 5.0

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