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rajkumar (Business Consultant)     20 March 2015

Property tax

Sir,

 

Can some of the eminent Lawyers at the Forum please clarify whether the Landlord can claim Property tax from the tenants. Our Llandlord had been charging us  a a proportionate share of the total property tax payable by him. Now he is stating that the Govt.  had revised the Property Taxes. The landlords had disputed the claim & the matter was pending for long in the court. Now the ruling has gone in favour of the Govt. and that the Govt. have claimed arrears for past many years.

 

The landlord is now claiming the difference for past many years & insisting that we are liable to pay the difference.

Is the claim of the Landlord correct?

 

The property is in the name of the Landlord . We are staying as tenants for nearly 50 years now. Are the tenants liable for payment of Property Tax levied on the property of the Landlord by the Government?

 

We shall be grateful if some one from the forum please clarify on priority.

 

Happy Gudi Parwa  & a Happy new year to all.

 

Thanks



Learning

 1 Replies

Suneet Gupta (www.vashiadvocates.com)     21 March 2015

The Property Tax is normally borne by the Landlord, who is entitled to claim deduction for the same in his Income Tax returns.

However, if the rent agreement mentions that the Property Tax is payable by the tenant then he can charge the Property tax from the tenant. However, in that case he has to provide the receipts to the tenant and cannot claim deduction for the same in his IT returns.


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