If the annual rent paid by the employee exceeds Rs 1 lakh
per annum, it is compulsory for the employee to report PAN of the proprietor to
the employer. The tax law also says that in case the landlord does not have a
PAN, a declaration to this effect from the landlord along with the name and
address should be filed by the employee. Can you claim HRA (house rent
allowance) if the landlord is not given that you his/her PAN?
inclusive coverage on filing income tax returns
Tax experts say that an employee can still claim tax reimbursement
under HRA in his/her tax return. "The requirement for furnishing PAN of
landlord is only to one's employer only. However, once a person is to file
his/her income tax return, there is no necessity to furnish the PAN of
landlord," says Sandeep Sehgal, director of tax and regulatory at Ashok
Maheshwary & Associates LLP.
Even if the business may not allow HRA exemption to the
employee, due to non-availability of PAN or a declaration by the owner of not
having PAN, still the employee has the option to claim so while filing his/her
income tax return, he says.
The last date for filing income tax return for financial
year 2016-17 is July 31.
Mr Sehgal nevertheless says that it could attract scrutiny
from tax authorities. "The tax authorities can examine the cases to verify
the substance of the claim made by the employee," he says.
To substantiate the claim, the worker needs to keep a record
of the rent agreement/lease deed, rent receipts, intimation to the society for
the occupancy, etc, says Mr Sehgal. Also, it is advisable to ensure that the expenses
are made through bank as cash transactions may not be well thought-out genuine,
he adds.
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