ITR
Letting a flat to a relative at low rent
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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.
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
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.
Conclusion
- Find the municipal value and local fair rent.
- Compare expected rent with actual rent.
- Use the higher figure as annual value if let out.
- Keep a clear written agreement.
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