ITR

My TDS shows in my spouse's Form 26AS

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The deductor reports TDS against the PAN given to it. For jointly owned property, each owner should give their PAN and share to the tenant. Otherwise, the credit sits with one PAN.

Provisions

Sec 199, Income-tax Act 1961; Rule 37BA, Income-tax Rules 1962 (now Rule 203); Sec 26, Income-tax Act 1961

Analysis

Rule 37BA allows credit to be given to another person where income is assessable in that person's hands, if the deductee makes a declaration to the deductor. Practically, ask the tenant to report each owner's share under their own PAN from now on. For past periods, the simplest course is often for the PAN holder with the credit to report the matching income, so get advice on how the returns line up. Under Sec 26, each co-owner is taxed on their share of rent.

Close

  1. Give the tenant both PANs and the ownership shares.
  2. Ask that future TDS be split by PAN.
  3. Align past years' income and credits with your CA.
  4. Keep the agreement showing co-ownership.

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