October 22, 2014

Section 80GG Deduction-Get Tax Benefit on rent paid if not getting HRA !!!

All salaried are very much familiar with HRA and how to get the benefit of the rent they pay. However, what about those who not get HRA in their salary or for self employed? Will they still get rent benefit? The answer to both the questions is Section 80GG of Income Tax.

Section 80GG

So as I said above this section only applies to those who have not availed HRA in their salary or not claiming the deduction on their rent in any of the other sections of income tax.  Below are a few conditions to avail the deduction under this section.

  1. This section is only applicable to Individual or HUF.
  2. Tax Payer may be either salaried or a self-employed. However, must not be getting HRA.
  3. Tax Payer himself or spouse/Minor Child/HUF of which he is a member should not own any accommodation at a place where he is doing a job or business.
  4. If Tax Payer owns house at a place other than the place noted above, then the concession in respect of self occupied property is not claimed by him [Under Section 23 (2) (a) or 23 (4) (a)].
  5. Tax Payer has to file a declaration in Form No.10BA regarding the expenditure incurred by him towards the payment of rent.

How much amount of deduction one can avail under Sec. 80GG?

If the above five conditions are satisfied, the amount deductible under Section 80GG is LEAST OF THE FOLLOWING.

  • Rs.5, 000 per month;
  • 25% of total income of taxpayer for the year; or
  • Rent Paid less 10% of total income (Rent Paid-10% of Total Income).

What is total income for the purpose of Sec. 80GG?

We can calculate it as below.

Total Income=Gross Total Income-LTCG-STCG-Income referred under the Sec.115A-Amount deductible under Sec.80C to 80U (except Section 80GG)

Let us try with one example-

Mr. X’s total income (calculated as per above formula) is Rs.4, 00,000. He pays an annual rent of Rs.1, 50,000. Then least of the below will be applicable for deduction under Sec. 80GG.

  • Rs.60, 000 per year.
  • Rent Paid-10% of Total Income=Rs. 1,50,000-Rs.40,000=Rs.1,10,000.
  • 25% of Total Income i.e Rs.1, 00,000.

So least of the above will be Rs.60, 000, which one can claim under Section 80GG for that particular FY.

77 Comments

  1. dear sir
    you are calculating total income in wrong way, this is not so given in section 80gg. It is calculated as Total income before allowing all deductions except the one provided under section 80GG itself.
    correct me if i am wrong sir
    Thanks

    Reply
    • Dear Rahul,
      The same is mentioned in the above post. Let me know if you have a different view. I am ready to correct it.

      Reply
  2. My total income after all deduction is around 500000 and not getting hra and paid rent 48000 …now sir your calculation showing -2000….its total confusion..plzz help and suggest
    Thanks and regards

    Reply
    • Lalit- If you are getting HRA, then you are not eligible to claim deduction under above said Section. Please refer above post properly.

      Reply
      • Yes sir…I am not getting HRA and want to get benifits of this section…..but calculation is showing -2000..?

        Reply
          • Sir in ur mr. X example….4 lac income…if rent paid by Mr x is 30000 then …how much he can get benifit under 80gg….plz suggest

            Reply
  3. Sir,
    I got HRA in my salary for 3 months n then after increment HRA is no more part of my salary. Is it possible to claim both i. e. HRA for first 3 months and then deduction under section 80gg for rest 9 months.

    Reply
      • Sir,is this 80gg deduction claimed by us while filing itr or employer can show this deduction in form 16?
        One more question,mine is same case.I will have to claim 80gg deduction for 9 months and hra exemption for 3 months.While calculating 80gg deduction,how is my adjustable total income calculated.I have tax saving fd of 150,000.?Do i have to substract this 150000 from my 9 months sallary for which i am claiming 80gg?

        Reply
        • Sagar-You have to show this deduction to your employer or you can do this while filing IT return on your own. Regarding calculation, you have to deduct this from your total income to arrive at net taxable income. If you have confusion, then contact any tax expert of your area.

          Reply
  4. Thanks for the article.
    Just need another opinion on my calculation based on the facts presented in article.

    Background:
    The company I am about to join doesn’t give HRA (or any other component. Just has basic and residual pay).
    My gross salary without tax deduction would be 18.74 LPA. This doesn’t include a variable component which may increase the number by 1 LPA. After 80C deductions, the income would be around 17 LPA.

    I live in Bangalore and paying rent of 9K ( 1 BHK, Bachelor…:) ) per month i.e. 108K per year.

    I believe the ” Rent paid less 10%” would mean 108k – 10% of 17L = 108k – 170k.

    That means I am not eligible to any deductions under 80GG? Am I calculating it correct?

    Reply
    • Nick-Whether this TOTAL INCOME is arrived at based on the meaning of TOTAL INCOME of IT Sec.5?

      Reply
  5. Sir,
    I am living rented flat in pune. My company does not provide HRA to me.
    I am doing NEFT of Rs . 12500 each month to my landlord.
    landlord did not given his PAN and also rent receipt is not given to me.
    Can i claim HRA in ITR for current FY based on NEFT transaction each month in same account.

    Reply
    • Abhishek-Take the printout of the same. Take the certification of the same by bank and CA and provide it as proof to your employer.

      Reply
  6. Sir i am working PSU .I am living in company quarters that’s why they not give HRA. But they add perquisites nearly 40000 in my annual gross salary .can i get any HRA exemption under 80GG or any section please answer me

    Reply
    • Mahendran-If you have no HRA component in your salary and you or your family not own a house, then you can claim the benefits with a certain limit under Sec.80GG. Refer above post.

      Reply
  7. Dear Sir,

    Under Section 80GG: The Tax Deduction amount under 80GG is Rs 60,000 per annum. Section 80GG is applicable for all those individuals who do not own a residential house & do not receive HRA (House Rent Allowance).
    Sir I’m working in PSU NTPC limited and I’m staying in company provided third party leased accommodation, leased accommodation is taken in my name by my company and rent is provided to land lord by NEFT by my company in full. But House Rent Perk and HRR is deducting from my salary approximately deductions 10000 Rs PM.
    Is my income is deductible under section 80 GG.
    Thanks & regards
    Arun Kumar Tak

    Reply
    • Arun-In my view NO as in both case of HRA or HRR, employer paying you the remuneration considering the cost of staying.

      Reply
  8. Sir I am a government employee and residing in government quarter provided by the employer. But Iam not getting HRA in salary and paid Rs. 900/month as rent for the govt. quarter. Can I claim this rent under Section 80GG for tax rebate.

    Reply
    • Singh-I don’t think you will be eligible as you are staying in Govt provided quarters at discounted price.

      Reply
  9. Sir I’m working in psu bank I’m staying in leased accommodation taken in my name rent is provided by bank the rent is 10500 but bank pays only 9100 rest I’m paying so wat vil be my perquisite value n can I claim the balance 1400pm under section 80gg for tax exemption

    Reply
    • Deepthi-If the prerequisite is not paid as the rent against your stay, then you can claim under Sec.80GG.

      Reply
  10. Si Sir,
    I am a PSU employee and stay in company alloted quarters(in a remote location). So accomodation perquisite is added to my income. However I am paying rent for my Dependents who stay in a different city. Can I claim tax exemption under 80GG on the money paid by me to pay rent?

    Reply
    • Rahul-If prerequisite is added to this, then I think you are not allowed to claim deduction under Sec.80GG.

      Reply
  11. Hi,

    Kindly clarify the following for an employee who has worked for 6 years in the Private organisation:

    1. Is Gratuity received after resigning for the job taxable?

    2. Is PF withdrawal taxable?

    Thanks,
    Manjunath.

    Reply
    • Manjunath-1) Whether your employer is covered under Payment of Gratuity Act? Refer this IT Dept notes for the same.
      2) NO.

      Reply
  12. HRA exemption for job break period

    If a person has earned 8 months salary during a financial year due to job break, is that person entitled for HRA exemption for the entire 12 months or only for 8 months.

    Thanks

    Reply
    • Manjunath-He will get HRA benefits for the number of months he worked and received HRA pay.

      Reply
      • For the rest of 4 months when he is not working, can he declare rent under 80GG?

        Reply
  13. Dear Sir,
    I am getting Rs. 52500/-per months remuneration (no HRA, nothing) with total of Rs. 630000/annually. But my employer is reducing tax also. i am paying 4000/-per months (mentioned in agreement) and water (500), electricity (1000) and maintenance charge (500), a total of 1500 (not mentioned in agreement). If i want to apply for 80GG in 2016-17 can i apply. according to the rent calculation i am paying 48000/year only

    1. i can claim for 60000/-
    2. Rs. 4000 x 12 = Rs.48000- 10% of total salary is Rs. 63000/- (how can i apply, it is coming negative value)
    3. 25% of salary Rs.157500/-

    so which one will be lowest. please suggest me.

    Thanking you Sir.

    Reply
  14. Hi Sir, I get HRA and also i am owning a property (house) in different city. Am i eligible to apply under Section 80GG to claim rent benefit. Is there any other secion i can get tax benefit. As i stay in different city for work and owning a property in different city(parents) are staying.

    Reply
    • Suriya-No, you are not eligible to claim deduction under Sec.80GG.

      Reply
  15. Dear Sir,

    I have HRA being paid within my salary but if I have not received HRA for 3 months during the year, as i was on onsite assignment in other country. however, i have paid rent for my house in india during such period.

    can i get deduction under section 80gg?

    Thanks
    Nailesh

    Reply
  16. Sir,

    I work in a PSU and stay in company allotted quarter. However an amount of around 120000/- is shown as perquisite and the same is a part of salary on which TDS has been deducted. Can I claim section 80(GG)

    Reply
    • Taps-Only an individual who pays rent for a residential accomodation will be eligible to claim under this section. In your case you are not paying any rent. Hence, how can you claim deduction?

      Reply
      • Sir, my taxable income includes the perquisite. So in a way, I am paying the amount(perquisite) as rent to the company as I am not receiving that amount but paying tax on it

        Reply
        • Taps-If you are paying AS a rent, then whether you company will accept that they are receiving rent from you?

          Reply
  17. SIR WHAT IS THE DIFFERENT BETWEEN DIRECT RENT PAID AND HRA FROM SALARY PLEASE CLARIFY

    Reply
    • Raju-I am unable to undrstand what prompted you to ask this. Can you elaborate more?

      Reply
  18. hi i am an salaried employee but i do not receive HRA when i am filing my returns it is y understanding that i must fill out form 10ba. Is that all or do i need to provide receipts for every months iv paid?

    Reply
  19. Hello Basu,

    My monthly basic pay is 57073/=
    I am paying 16000/= as rent
    My monthly HRA is 11000/=
    I live in a small city (40% category).

    Can you please tell me what is my allowable TAX exemption on account of HRA?

    I feel that all of my HRA upto Rs 10293/= should be tax exempt as (Rent paid-10% of Basic pay = 16000-5707 = 10293). But my employer is only allowing Rs 5648 per month. Can you please advise if their calculation is correct or mine?

    Could you please also advise what should I do if my calculation is correct?

    Regards
    VB

    Reply
    • VB-The minimum of the following three is available for HRA exemption.
      1) Actual HRA received by employer-Rs.11,000.
      2) Excess rent paid over 10% of basic salary-Rs.10,293.
      3) 40% of salary-Rs.22,829.
      So the exemption is Rs.10,293. Remaining Rs.707 is taxable income for you.

      Reply
      • As my employer is not reflecting the correct figure for allowable deduction in form 16, please advise what I should do?

        I realise that I can claim the deduction directly while filing IT return. But I just want to get the amount corrected for future.

        Thanks

        Reply
        • VB-Form 16 is just the proof of your income. While filing IT return you can do it. There is no need to discuss the same with your employer. Maximum they can deduct more TDS, which can be easily get back by filing your return on your own.

          Reply
          • Many thanks Basu. As always great work. All the best.

            Reply
    • Hi Basu,

      I want to claim HRA exemption( AY 2016-2017) under section 80GG. All required conditions are satisfied to claim HRA exemption under section 80GG.

      I am paying 9500 PM (cash) as a rent to landload without rent receipt. I have a rent agreement (between my husband & Landload) of Rs 7500 with 5% increase every year.

      My Landload don’t have PAN Card.

      Can I fill Form 10BA without consent of Landload?

      Can I claim HRA exemption under 80GG ?

      Reply
      • Satinder-For submitting Form 10BA, your landlord’s consent not required.

        Reply
        • Thanks for prompt reply.

          Please answer my 2nd question also

          Please note I don’t have rent receipts because landload is not providing us rent receipts. Moreover, rent agreement is signed between my husband and him. I have only rent agreement as specified my earlier reply.

          Still, am I eligible to claim HRA under 80GG?

          Reply
          • Satinder-Yes, because in that declaration it is only landlord name you have to mention but not his PAN.

            Reply
  20. Dear Sir ,

    I m working with Public sector bank and getting lease against HRA(directly credited to landlord account through NEFT) which is not a part of my salary but added in my gross income as perks.

    am i eligible for section 80GG ??

    Reply
    • Narpat-If it is mentioned as leave against HRA in perk then you can’t.

      Reply
      • Thanks for your prompt reply , Lease accommodation is not mentioned any where in my salary slip but i have to submit my declaration of perk value which contains (lease amount sanctioned by employer minus my addition in lease amount = Net perk value ) or 15% of gross income calculated as perk value (whichever is less in above options) and added to my gross income.

        In such case am i eligible for sec 80 GG ??

        Reply
  21. Dear Sir,
    i work in a PSU company and avail lease accommodation. I pay my rent to my landlord which in turn is reimbursed to me upon submitting the rent receipt, by my company directly into my account through NEFT. However, it doesnt get reflected in my payslip. Am i eligible to get tax relief under Sec. 80GG ?? Kindly clarify my query. Thanks & Regards

    Reply
    • Rohit-If such component is not your HRA, then you can avail this benefit.

      Reply
  22. Hello sir, I am getting a hrs of Es 1600 and it is reflected in my pay slip but I am residing in a rented house where I m paying around 4500. Will I be eligible for deduction under 80gg?

    Reply
    • RAvi-If you are receiving the HRA then you are not eligible to claim the deduction under Sec.80GG.

      Reply
  23. THANK YO SIR I CLEARED MY DOUBT ON 8OGG

    Reply
  24. hello sir.. I don’t get hra.
    to get tax deduction, form no 10Ba should be filled.
    please tell me,when to fill this form.?
    how to send it to itd if we are submitting itr online???
    please solve my question sir..

    Reply
    • Rajesh-If HRA is not part of your salary then you will not get deduction from rent you pay.

      Reply
      • but sir you said above that,if any one not getting hra(like me) can claim tax rebate on rent paid!!!!
        please clearify sir…
        thanks

        Reply
          • Then what’s the procedure to claim rent under Sec 80GG?? When should we submit Form 10BA?

            Reply
  25. My Salary is 300000 and I live in ranted house with rent 3000/ – per month
    As per calculation
    1. 24000/-

    2. 36000 – (30000) 10% = 6000

    3. 75000/- ( 25%)

    Minimum is 6000/-

    How much option will be applicable for me.

    Reply
  26. Hi Basavaraj,

    I am a professional Consultant, with a Gross Receipt of 7.25L per annum.

    Iam paying a rent of 20000 at delhi …

    how much rebate can i claim and under which section?

    plz clarify…

    Reply
    • Saurabh-The maximum is already mentioned above along with the section.

      Reply
  27. Hi Basavaraj,

    I took a break in 2012-13 from my job for higher education. That year I withdrew my PF nearly 4 lakh which accounted for as my income. I paid an expense of Rs. 1 lakh against accommodation during my educational stay.

    Were I eligible to claim income tax rebate for Rs. 24,000? and Can I claim that rebate now?

    Thanks,
    Paryushan

    Reply
  28. dear sir,

    1: I am paying rs. 1500 per month as house rent for my adult son (student) who resides in another city, not with me. How I can get tax benefit on house rent paid for my son. Pl. suggest with section to file return. this is to clarify here that I have been provided accommodation by our employer. Cost of same being computed @ 7.5% on basic & added in my earning in form 16A.

    2: How can I get tax benefit on gift if I give money through cheque or transfer from account to my spouse & adult son. Please suggest section & documents required to claim.

    Kind regards

    Reply
    • Sunilkumar-If you already residing the employer provided resident then how can you claim Rs.1,500? 2) What benefit you are looking for from GIFTING to your own spouse and kid??

      Reply

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