House Rent Allowance is a component of your salary paid specifically to help with accommodation costs. Under Section 10(13A) of the Income Tax Act, part of it can be exempt from tax, provided you actually pay rent for accommodation you do not own.
The exemption is one of the largest available to salaried people living in Indian metros, and it is also one of the most commonly miscalculated.
The three-way test
The exempt amount is the lowest of these three figures, calculated for the period concerned:
- The actual HRA received from your employer
- Rent actually paid minus 10% of salary
- 50% of salary if you live in Delhi, Mumbai, Kolkata or Chennai; 40% everywhere else
For this purpose, "salary" means basic salary plus dearness allowance (where it forms part of retirement benefits) plus any commission based on a fixed percentage of turnover. It does not include your other allowances or bonuses, which is where most miscalculations originate.
A worked example
Take a Mumbai employee with a basic salary of Rs 40,000 a month, HRA of Rs 20,000 a month, paying rent of Rs 18,000 a month. Annualised: basic Rs 4,80,000, HRA Rs 2,40,000, rent Rs 2,16,000.
- Actual HRA received: Rs 2,40,000
- Rent paid minus 10% of salary: Rs 2,16,000 minus Rs 48,000 equals Rs 1,68,000
- 50% of salary (metro): Rs 2,40,000
The lowest is Rs 1,68,000, and that is the exempt amount. The remaining Rs 72,000 of HRA is taxable. For a taxpayer in the 30% bracket, the exemption saves roughly Rs 50,000 of tax.
Notice what drives the result. The middle figure is almost always the binding one, and it rises with the rent you pay. Someone paying Rs 8,000 rent on the same salary would get an exemption of only Rs 48,000, no matter how much HRA their payslip shows.
If your rent is at or below 10% of your salary, the exemption is zero. Use the HRA calculator to work out your own figure.
Old regime only
This is the point that has changed the calculation for millions of taxpayers.
The HRA exemption is available only under the old tax regime. The new regime offers lower slab rates but removes most exemptions and deductions, including HRA and Section 80C.
If you pay substantial rent in a metro and also use 80C fully, the old regime often still works out better. If you own your home, pay little rent, or have few deductions, the new regime frequently wins. The new regime has been the default in recent years, so if you want the old one you generally have to opt for it. Run both calculations before choosing, and note that the rules on switching differ for salaried people and those with business income.
Documentation your employer will want
- Rent receipts, typically monthly or quarterly, signed by the landlord
- A rent agreement, which most employers now ask for
- The landlord's PAN, required where annual rent exceeds Rs 1,00,000. If the landlord refuses to provide it, you can furnish a declaration, but employers frequently reject the claim without a PAN
- Proof of payment. Bank transfers are far safer than cash, since the tax department can and does question cash rent claims
If you miss the employer's submission deadline, you can still claim the exemption directly when filing your return, though you should keep the documents ready in case of scrutiny.
Situations people ask about
Paying rent to your parents. This is legitimate if the arrangement is genuine: the property must be owned by them and not by you, rent must actually be transferred, and your parents must declare that rent as income in their return. Done properly it is legal planning. Done as a paper arrangement with no money moving, it is a false claim and is increasingly detected.
Living with parents rent-free. No rent paid means no exemption. There is nothing to claim.
Owning a house and renting elsewhere. You can claim HRA on the rent you pay while also claiming home loan interest on the property you own, provided the situations are genuine, for example your own house is in another city or is let out.
Living in your own home. No HRA exemption is available.
If you pay rent but get no HRA
Section 80GG offers a deduction for people who pay rent but receive no HRA, typically the self-employed or those whose salary structure has no HRA component. The limit is considerably lower, and conditions apply, including that you, your spouse or minor child must not own residential property at the place of work. It is also an old regime deduction.