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Paying fake rent using credit card? Be aware of the tax regulations

TechnoFino

Founder
TF Family
Founder
Admin
Rent payments in India are subject to taxation, and both tenants and landlords have specific tax obligations. Those receiving rent payments must report the income on their income tax return and pay taxes based on their income tax slab. If paying rent, tax deductions may be available under Section 80GG of the Income Tax Act, subject to certain conditions.

If the rent paid exceeds a specific threshold, the tenant must deduct tax at source (TDS) at a 10% rate under Section 194-IB of the Income Tax Act. If the aggregate rent paid or expected to be paid throughout the year goes beyond Rs. 2.4 lakhs for audit cases and 50,000 per month for non audit cases, the payer of rent is required to deduct TDS under Section 194I of the Income Tax Act. The limit of Rs. 2.4 lakhs (audit) / 50,000 per month (non audit) is applicable for each payee, not for each property.

Should you Deduct TDS on Rent?​

  • Currently, a person who is not an individual or a HUF is liable to deduct TDS on rent of more than Rs. 2.4 lakhs.
  • In case you belong to the Individual or HUF category, you can deduct the TDS at 5% if the rent that you are giving exceeds Rs. 50,000 per month.

Failure to deduct TDS on rent may result in a penalty interest of 1% per month until the TDS is deducted.
It's crucial to understand these tax rules and obligations when paying or receiving rent payments in India. It's recommended to seek advice from a tax professional or chartered accountant for specific guidance based on individual circumstances.

So,If you pay rent only to receive funds to your bank account from credit cards or meet specific milestones, it's crucial to be aware of the tax regulations concerning paying and receiving rent payments. It's highly recommended to discontinue such practices as they may result in trouble for you.
 

Anil_Singh

TF Ace
That means we can just pay rent of Rs.20000 per month and do not care about these regulations. Am I right? OneCard offers 5000 points (Rs.500 valueback) for rent payment every now and then. I have used this offer only once though.
 

gurbina

TF Premier
VIP Lounge
That means we can just pay rent of Rs.20000 per month and do not care about these regulations. Am I right? OneCard offers 5000 points (Rs.500 valueback) for rent payment every now and then. I have used this offer only once though.
Regulations are regulations. You can NOT ignore them. The only difference is that these are deducted at Source and paid before tax filing.

But all these transactions need to be and are reported.

In case of audit these might be scrutinized and you might liable to fines/penalties/prosecution. But again enforcement isn't common, let alone prosecution but do expect fines. Keep doing it and report back once you get audited.
 

Anil_Singh

TF Ace
Regulations are regulations. You can NOT ignore them. The only difference is that these are deducted at Source and paid before tax filing.

But all these transactions need to be and are reported.

In case of audit these might be scrutinized and you might liable to fines/penalties/prosecution. But again enforcement isn't common, let alone prosecution but do expect fines. Keep doing it and report back once you get audited.
I have only used rent pay feature once in my credit lifetime i.e, 2.7 years. I was just making assumptions for those who use this feature for milestone benefits.
 

manikP

TF Premier
VIP Lounge
50k/month for non audit cases, 240k/year for audit cases
Yeah so unless you are earning 1cr per year you don't need tax audit. So for an Individual the limit is 50k per month.

I still report it in ITR of my mother (I pay rent in her account) but don't deduct TDS since rent is not exceeding 50k per month.

This is my understanding, please someone correct me if I'm wrong.
 

Im_Gk14

TF Buzz
That means we can just pay rent of Rs.20000 per month and do not care about these regulations. Am I right? OneCard offers 5000 points (Rs.500 valueback) for rent payment every now and then. I have used this offer only once though.
btw, Rent payment comes under Transfers category in OneCard Cc, So i don't think you get any reward points 😒.
 

Anil_Singh

TF Ace
btw, Rent payment comes under Transfers category in OneCard Cc, So i don't think you get any reward points 😒.
No reward points. I was talking about value back which is flat Rs.500. I just happen to avail that offer once for that extra value back.
 
Apart from TDS provisions, some users even provide PAN information while paying rent payments above 1L, once they provide PAN Information, the concerned website or app will send the data to Income Tax Department, based on the information received, Income Tax Department expects a rental income in Income Tax Return filed, if same is not declared in Income Tax Return then concerned PAN holder will receive an Income Tax notice.
 

pingtime

TF Buzz
If you are paying the rent to yourself, why does the tax need to be paid?
You have both the credit and debit transactions to show from your account, so there is no extra income that needs to be taxed.
 

gurbina

TF Premier
VIP Lounge
Apart from TDS provisions, some users even provide PAN information while paying rent payments above 1L, once they provide PAN Information, the concerned website or app will send the data to Income Tax Department, based on the information received, Income Tax Department expects a rental income in Income Tax Return filed, if same is not declared in Income Tax Return then concerned PAN holder will receive an Income Tax notice.
This is the kind of information that is great to read about! Very insightful!

It's long due people realize that is not okay what they're doing making up claims, exemptions and so on, to take it seriously! I'm surprised everyone forges documents here for proof of address, employment, proof of income, income tax exemptions, insurance claims, etc!

To their benefit this has always been sort of the "normal"
 

anirban.choudhury

TF Legend
TF Family
Moderator
VIP Lounge
If you are paying the rent to yourself, why does the tax need to be paid?
You have both the credit and debit transactions to show from your account, so there is no extra income that needs to be taxed.
I think no app allow you to pay rent in your own account
Account should be on different name

Also rent payment should be taxed as per normal income tax slab rules

I am not sure why it is getting tagged separately here in this 50k per month criteria .

Is there any separate taxation for rental income ?
 

TheMentalist

TF Ace
VIP Lounge
I think no app allow you to pay rent in your own account
Account should be on different name

Also rent payment should be taxed as per normal income tax slab rules

I am not sure why it is getting tagged separately here in this 50k per month criteria .

Is there any separate taxation for rental income ?
That criteria is for TDS. Taxation will be as per your income slabs
 
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