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Guest (n/a)     05 March 2009

Can I pay rent to my wife for the home owned by her?

Can I pay rent to my wife for the home owned by her? She is also stayin with me as a family member? I am planning to do so for claiming Income Tax benefits-to claim exemption for the House rent allowance given by my company. Is it possible


 5 Replies

Manish Singh (Advocate)     05 March 2009

yes you can pay rent to your wife and claim exemption under the IT ACT.



Suresh (Advocate and Solicitor)     13 March 2009

No you cannot claim the benefit under the IT Act. If you conceal this fact from the IT authorities in your returns, such concealment will constitute evasion and will result in proseqution and penalty proceedings.

Arif Ali Saiyed (Computer Scientist)     28 January 2013

In fact one more CA told me the same, that we can not pay rent to wife, if we she can prove that she bought house on her own money, not from husband's money. 


But can somebody please prove some eveident in this regard refering to particular Para-page of "income tax act "? 

so that this confusion is clear.

Pradeep (Advocate)     09 December 2014

I have a different scenario here, related to house rent allowance. I am paying a rent of above 17,000 per month. I need to provide my landlord's PAN in such case, which means landlord will be assessed for such income. for obvious reasons, my landlord does not want to give his PAN. 

Now, My dad (not an assessee for IT) enters into Rental agreement with my Landlord for 5,000 Rs per month and he sublets that house to me for 17,000 Rs. 

Question: Isn't it still legal for me to show my dad as my landlord and provide his PAN ? 

(I am only exploring a loophole in the law that does not state that person whom you are paying rent need to own the house) 

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