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Tax & Residency

HRA Exemption Section 10(13A) After Return

Calculate HRA exemption metro vs non-metro, landlord PAN rules, rent receipts, and Form 12BB submission.

Supplemental context for returnees — verify current rules with official sources. Watch source
HRA exemption Section 10(13A) for salaried returning NRI in India.
Primary-source guidance for returning NRIs and families.
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The 60-second version

HRA exemption is minimum of three tests — actual HRA, 50%/40% of salary, rent minus 10% salary. I keep rent receipts and landlord PAN for Form 12BB.

Three-way minimum test

HRA exemption = least of: (a) actual HRA received, (b) 50% salary (metro) or 40% (non-metro), (c) rent paid minus 10% of salary.

Metro cities: Delhi, Mumbai, Kolkata, Chennai — employer city definition may vary; confirm with HR.

If salary has no HRA component, I use Section 80GG instead (max ₹60k/year) — see dedicated 80GG article.

Rent proof: registered rent agreement.

HRA calculation example (illustrative)

TestMetro (₹)Non-metro (₹)
Salary (basic+DA)15,00,00015,00,000
HRA received6,00,0006,00,000
50%/40% of salary7,50,0006,00,000
Rent − 10% salary3,00,0003,00,000
Exempt (minimum)3,00,0003,00,000

HRA claim sequence

Step 1

Registered lease

Sub-registrar rent agreement for address proof.

Step 2

Monthly receipts

Revenue stamp + landlord signature.

Step 3

Landlord PAN

Mandatory if rent > ₹1 lakh/year.

Step 4

Form 12BB

Declare to employer for TDS adjustment.

Step 5

ITR verify

Match Form 16 HRA exempt with receipts.

Exemption logic

MIN(HRA received, 50/40% salary, rent - 10% salary) = exempt
Paying rent to parent — still needs genuine lease; gift tax not typical for parent.

HRA proof kit

  • 12-month rent receipts.
  • Lease registration copy.
  • Landlord PAN.
  • Bank transfer trail.
  • Employer HRA component letter.

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Own house in same city

HRA exempt only if rented out elsewhere — cannot claim HRA on owned occupied flat.

Quick visual

HRA exemption Section 10(13A) for salaried returning NRI in India.
HRA exemption is minimum of three tests — actual HRA, 50%/40% of salary, rent minus 10% salary. I keep rent receipts and

Animated decision map

HRA exemption Section 10(13A) for salaried returning NRI in India. Animated decision map.
The GIF shows the decision moving from broad question to documented action.

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Pay rent to spouse?

Technically possible with genuine lease — audit risk if sham.

Partial year rent?

Pro-rate exemption for months rented only.

Work from home?

Still need actual rent paid for HRA.

New regime HRA?

HRA exempt in old regime only.

TDS on rent to landlord?

Tenant may deduct 194-IB if rent > ₹50k/month.

OCI on lease?

Foreign passport fine — registered lease is key.

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