The Asian Age

Maintenanc­e is a part of rent

- (The writer is a chartered accountant. He can be reached at info@rathiandma­lanis.com) Kamal Rathi

If the owner and tenant agree that the tenant would pay the amount directly to the associatio­n, then it discharges the owner of his responsibi­lity. In all fairness the same should be taken into account in computing the exemption under Section 10 (13A).

QI have taken a life stage pension plan from ICICI Prudential in September 2009 having a death benefit with zero sum assured which makes it a pure investment plan. I have surrendere­d the policy on April 2018 and received an amount of `11.14 lakh after paying a premium `7.2 lakh upto 2016 at rate of `96,000 a year. I did not claim IT rebate on the premium paid between 2009 and 2016. Please clarify if tax liability would be on the entire amount of `11.14 lakh received or `3.94 lakh that I received as dividend. FAHIM ASHRAF Via email

A) Your tax liability will be only to the extent of the difference between the amount invested (premium paid) and the amount received on maturity under the head “Income from other sources”. The premium paid is the amount invested in the pension plan which is out of your capital that is already taxed. Therefore only the amount received in excess of the investment made will be treated as your income in the year of receipt.

QI am a retired Air Force officer. I do not own a house. My wife bought a house in Hyderabad in 2017. Recently we shifted to this house. The Shamirpet Municipali­ty asked for house tax to be paid. Since servicemen or exservicem­en are exempted from paying house tax, we wish to apply for a change in the ownership from my wife’s name to my name. Please advise the procedure.

SQN. LDR. (RETD) S.P.C. MOHAN Via email

A) Where an asset (other than house property) is transferre­d to the spouse by an individual otherwise than for adequate considerat­ion or in connection with an agreement to live apart, the income arising from such asset will be included in computing the total income of the individual.

Thus, it is to be noted that if the house property is transferre­d by an individual otherwise than for adequate considerat­ion to the spouse, the provisions of Section 27 relating to “Deemed Owner” will apply and in that case, the transferor individual will be deemed to be owner and the income, if any, will be accordingl­y computed under the head “income from house property”. If the property is self occupied, the annual value will be nil and no tax liability will arise.

QMy son is working in a multinatio­nal company in Bengaluru. He pays rent to the flat owner and maintenanc­e charges to house owner’s associatio­n. His employer refuses to consider maintenanc­e charges while calculatin­g rebate in rent stating that IncomeTax Act mentions rent only. Is there a way out for this? Y. GROVER Via email

A) Maintenanc­e charges are normally paid by the owners of the flat to the associatio­n. If the owner and tenant agree that the tenant would pay the amount directly to the associatio­n, then it discharges the owner of his responsibi­lity. In all fairness the same should be taken into account in computing the exemption under Section 10 (13A). However, all controvers­ies can be set at rest by including such maintenanc­e charges as part of rent paid in the rental agreement itself.

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