Categories: Tax Planning

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.

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.

BasuNivesh

View Comments

  • I am a government employee who joined last year. For the first 5 months of this financial year, I was under training and was not getting any HRA component in my salary. I was staying in rented accommodation. In the last 7 months of this financial year, I got permanent and I started getting the HRA component. I am still staying in the same rented accommodation. When I was filling the ITR, it stated that both the HRA exception and 80GG cannot be claimed at the same time. But, I believe I am eligible for 80GG for the first three months and an HRA exception for the next 9 months. Please advise what to do in this scenario.

    • Dear Vivek,
      Sadly you are not eligible as during the same financial year, you have received the HRA also.

  • I am a government employee who joined last year. For the first three months of this financial year, I was under training and was not getting any HRA component in my salary. I was staying in rented accommodation. In the last 9 months of this financial year, I got permanent and I started getting the HRA component. I am still staying in the same rented accommodation. When I was filling the ITR, it stated that both the HRA exception and 80GG cannot be claimed at the same time. But, I believe I am eligible for 80GG for the first three months and an HRA exception for the next 9 months. Please advise what to do in this scenario.

  • Hello Sir,

    If I have resigned from my old employer and withdrawn my EPF amount after 3 months of resignation. And also when I joined my new employer I did not taken the EPF as option in my CTC because my basic salary was more than 15,000 INR.

    But now my current employer is forcing us to have EPF account or they are asking to sign an letter if EPF department ask for penalty then we have to pay or they will deduct the money from our CTC. Can they do this?

    • Dear Ketan,
      Your employer is misguiding you. If your basic salary is more than Rs.15,000 at the time of joining, then you have all rights to stay away from EPF. There is no such concept of PENALTY.

  • Sir, I was employed for 6 months and got HRA & I was NOT employed for six months but paid rent for full year. Can I claim tax benefit under both Sections ?

  • Hello Sir,

    is someone has retired and withdrew his PF Amount then after some years again joined as an employee, Now is he eligible for deduction at the time of withdrawl of his PF Amount

  • 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

    • 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.

  • 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

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

  • 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.

      • 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?

        • 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.

  • 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?

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

    • 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.

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BasuNivesh
Tags: Section 80GG

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