ITR
Tenant did not pay rent for months
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Facts
Rent that you could not realise can be excluded from annual value if conditions are met, such as the tenancy being genuine and steps taken to recover. If you recover it later, it is taxed in that year with a 30% deduction. Keep records of your efforts.
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 25A, Income-tax Act 1961Arrears and unrealised rent are taxed when received, with a 30% deduction
Analysis
If annual rent was ₹2,40,000 and ₹1,20,000 was not received, report actual realisation as the rules allow, rather than the full amount. If the tenant pays ₹1,20,000 next year, Sec 25A taxes it then, after a 30% deduction, even if you no longer own the property. Keep the agreement, notices and any legal steps. This is a common point of dispute, so document it well.
Conclusion
- Keep the rent agreement and payment record.
- Document recovery efforts such as notices.
- Report realised rent and the unrealised amount as allowed.
- Report any later recovery under arrears or unrealised rent.
A Savvy can do this for you
Return with rent from two or more properties and home loan interest, Sec 24(b)
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