Answer

ITR

Letting a flat to a relative at low rent

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  1. Facts

    For a let out property, annual value is the higher of expected rent and actual rent. Expected rent depends on municipal value and fair rent. Low rent to a relative can mean tax on the higher expected rent.

  2. Provisions and law

    • Sec 23, Income-tax Act 1961Annual value rules: up to two self-occupied houses have nil annual value; others are treated as let out at expected rent
    • Sec 22 (now Sec 20)Annual value of property you own is taxed under house property
  3. Analysis

    If expected rent is ₹2,40,000 and actual rent is ₹60,000, annual value under Sec 23 can be ₹2,40,000. If you owned only two houses and the cousin's flat is not truly let out, consider whether the arrangement is a licence without rent, which may change the treatment. Rent control laws can limit expected rent in some cities. Keep a written agreement either way.

  4. Conclusion

    1. Find the municipal value and local fair rent.
    2. Compare expected rent with actual rent.
    3. Use the higher figure as annual value if let out.
    4. Keep a clear written agreement.

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