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Claiming HRA Deduction in the New Tax Regime and How It Affects Your Tax Filing and Tax Notices

  • Writer: Bhavika Rajput
    Bhavika Rajput
  • 4 days ago
  • 10 min read

House Rent Allowance (HRA) has been one of the most valued tax benefits available to salaried employees under India’s old tax regime. By allowing taxpayers to claim exemption on a portion of the rent they pay, HRA has traditionally helped reduce taxable income, making it a key component of tax planning for many. Taxpayers would submit rent receipts and other documents to claim this exemption, which could lead to significant tax savings, especially in high-rent cities. However, with the rollout of the new tax regime starting from the financial year 2024-25, the landscape has changed drastically. The new regime offers reduced tax slab rates but removes many popular exemptions and deductions, including the HRA exemption. While this simplifies tax compliance by reducing paperwork and documentation requirements, it also means that the entire HRA received is now taxable under the new regime. This shift demands that taxpayers understand the new rules thoroughly to avoid mistakes during tax filing that could result in notices or penalties from the Income Tax Department. Let us explore how HRA is treated under the new tax regime, the implications for tax filing, and practical guidance on avoiding and managing related tax issues.

Table of Contents

How does claiming HRA deduction affect tax filing and tax notices under the new tax regime?

Claiming HRA deduction under the new tax regime affects tax filing by requiring the full House Rent Allowance received to be reported as taxable income since the new regime disallows HRA exemptions. This means taxpayers cannot claim any deduction for rent paid, and no supporting documents like rent receipts are needed. If HRA exemption is wrongly claimed, it can trigger automated tax notices for underreporting income, leading to demands for additional tax, interest, and possible penalties. Accurate reporting aligned with the new tax rules is essential to avoid such notices and ensure smooth compliance.


Is HRA Deduction Allowed in the New Tax Regime?

No, the new tax regime (Section 115BAC) explicitly disallows the HRA exemption. Unlike the old tax regime where salaried individuals could reduce their taxable income by claiming HRA exemption under Section 10(13A), the new regime treats the entire HRA component as taxable income. This means even if your salary structure includes HRA and you pay rent, you cannot claim any exemption or deduction for HRA under the new regime. The government simplified tax calculations by removing such exemptions to offer lower slab rates, but the trade-off is that benefits like HRA are no longer available.


How Does Claiming HRA Affect Your Tax Filing Under the New Regime?

Under the new tax regime, the House Rent Allowance (HRA) exemption, which was a key benefit under the old tax system, is completely disallowed. As a result, taxpayers must include the entire HRA amount received from their employer as part of their gross salary when filing their Income Tax Return (ITR). This means the full HRA component is fully taxable without any portion being exempted on account of rent payments made by the employee. Employers are required to reflect this in Form 16 by including the HRA amount in the taxable salary figure without applying any exemption or adjustment related to rent. Consequently, taxpayers do not need to provide rent receipts, rental agreements, or landlord PAN details while filing under the new tax regime, as there is no provision to claim exemption on rent paid. However, if a taxpayer incorrectly excludes HRA from taxable income or claims it as exempt, this discrepancy can lead to mismatches between the details reported by the employer and the taxpayer’s ITR. Such inconsistencies may trigger automated scrutiny or tax notices from the Income Tax Department, asking for clarifications or additional tax payments. Therefore, it is crucial to accurately report the full HRA as taxable income under the new regime to maintain compliance and avoid any potential issues during the assessment process.


What Happens If You Wrongly Claim HRA Deduction in the New Regime?

If a taxpayer mistakenly claims the House Rent Allowance (HRA) exemption while opting for the new tax regime, the Income Tax Department’s automated processing systems are designed to flag such inconsistencies. Since the new tax regime explicitly disallows HRA exemptions, any claim for HRA exemption will not align with the prescribed rules and will trigger alerts during the verification of returns. As a result, the taxpayer may receive tax notices under sections such as 142(1) or 143(1) of the Income Tax Act. These notices typically request the taxpayer to provide explanations or supporting documents to justify the claimed exemption or to clarify discrepancies related to underreported income or invalid deductions.

Failure to adequately respond to these notices can escalate the issue, leading to reassessment proceedings by the tax authorities. During reassessment, the tax officer has the authority to demand additional taxes that were unpaid due to the incorrect exemption claim. Furthermore, the taxpayer may be liable to pay interest on the delayed tax payments under Sections 234B and 234C, which pertain to interest on default in payment of advance tax and deferment of advance tax installments respectively. In addition to interest, penalties may also be imposed for non-compliance or misreporting. Such proceedings not only result in financial strain but also add significant administrative burden, causing delays and complications in completing the tax filing process smoothly. Therefore, it is critical for taxpayers to ensure correct claims and avoid such errors under the new tax regime to prevent these adverse consequences.


How to Correct Mistakes Related to HRA in Your Tax Return

Upon discovering that the HRA exemption has been wrongly claimed under the new tax regime, it is essential for taxpayers to take immediate corrective action by filing a revised Income Tax Return (ITR) before the prescribed deadline. Filing a revised return allows taxpayers to rectify any errors made in the original filing, particularly ensuring that the entire HRA amount is included as taxable income, which is in accordance with the rules of the new tax regime. This correction is crucial because the new tax regime does not permit any exemption for HRA, and failure to report it properly can lead to discrepancies flagged by the Income Tax Department’s automated systems.

In addition to revising the return, taxpayers should carefully review their employer’s Form 16 to confirm that the HRA component is correctly reflected as part of the gross taxable salary. If Form 16 incorrectly shows HRA exemption or excludes it from taxable income, it is advisable to request the employer to issue a corrected Form 16. Accurate documentation prevents mismatches between the taxpayer’s return and employer records, reducing the likelihood of receiving tax notices or facing penalties.

Making these timely corrections not only aligns the tax filings with statutory requirements but also helps avoid interest charges and penalties that may arise due to underreporting of income. Furthermore, maintaining organized records of salary slips, rent receipts (if applicable under the old regime), and communication with the employer is beneficial for future reference and audits. Finally, taxpayers should exercise due diligence in selecting the appropriate tax regime—old or new—at the time of filing based on their eligibility and tax planning needs, as this choice fundamentally affects the treatment of HRA and other deductions, minimizing the risk of errors and associated compliance issues.


Comparison: HRA Benefits in Old Tax Regime vs. New Tax Regime

The comparison between the old and new tax regimes reveals distinct differences in how House Rent Allowance (HRA) and other deductions are treated, impacting taxpayer choices significantly. Under the old tax regime, HRA exemption is allowed as per Section 10(13A), enabling salaried individuals to reduce their taxable income by claiming exemption on rent paid, provided they submit required documentation such as rent receipts, rental agreements, and the landlord’s PAN details. The exempt portion of HRA is excluded from taxable salary in the Income Tax Return (ITR), allowing for substantial tax savings. Additionally, the old regime permits several other popular deductions like those under Section 80C (investments in provident fund, life insurance, etc.), Section 80D (medical insurance premiums), and Leave Travel Allowance (LTA), further lowering the tax burden. The standard deduction available under this regime is ₹50,000, which contributes to additional relief.

In contrast, the new tax regime under Section 115BAC takes a different approach by disallowing HRA exemption altogether. The full amount of HRA received is included in taxable salary, with no need for submitting rent-related documents during tax filing. Besides HRA, most other deductions under Sections 80C, 80D, and LTA are also disallowed, except for a higher standard deduction of ₹75,000 available to salaried individuals for FY 2024-25. This regime offers simplified tax slabs with lower rates but fewer avenues for exemption or deduction.

Therefore, the old tax regime is generally more suitable for taxpayers who have significant deductions and exemptions, as it allows them to optimize their tax savings through HRA and other claims. On the other hand, the new tax regime appeals to those who prefer straightforward tax filing with minimal paperwork and fewer deductions, benefiting from the simplicity of lower tax slabs and a higher standard deduction. Taxpayers should carefully assess their individual income and deduction profiles to select the regime that maximizes their tax efficiency.


Impact of Wrong HRA Claims on Tax Notices and Penalties

Incorrectly claiming HRA exemption under the new regime often leads to automated scrutiny by the Income Tax Department. Notices can be issued requesting clarifications or demanding additional taxes due to underreporting of income. Ignoring such notices or failing to provide satisfactory explanations can trigger penalties ranging from interest charges to fines up to ₹1 lakh or more. Moreover, repeated non-compliance may result in prolonged assessments or legal proceedings. Preventing these issues by accurate filing is essential to avoid unnecessary financial strain and administrative hassle.


How TaxBuddy Supports Accurate Tax Filing and Notice Handling

TaxBuddy provides comprehensive assistance to taxpayers navigating complexities like regime selection and exemption rules. Its mobile app offers easy-to-understand guidance on the applicability of HRA and other deductions under both tax regimes. TaxBuddy ensures users file returns with accurate income reporting, preventing common mistakes that lead to notices. Additionally, expert support is available to help respond to any tax notices efficiently, including preparation of revised returns or document submissions. By streamlining tax compliance and offering timely alerts, TaxBuddy helps minimize the risk of penalties and tax-related stress.


Conclusion

The removal of HRA exemption under the new tax regime changes how salaried individuals must approach their tax filings. Accurate inclusion of HRA as taxable income is crucial to avoid mismatches and tax notices. Should mistakes occur, prompt revision and correction are necessary to maintain compliance and minimize penalties. Digital solutions like the TaxBuddy mobile app simplify these processes by guiding taxpayers through correct regime choices, accurate reporting, and notice management. For anyone looking for assistance in tax filing, I highly recommend you download the TaxBuddy mobile app for a simplified, secure, and hassle-free experience.


FAQs

  1. Does TaxBuddy offer both self-filing and expert-assisted plans for ITR filing, or only expert-assisted options?

    TaxBuddy provides flexible options for taxpayers. Users can choose to file their ITR themselves with guided support or opt for expert-assisted filing where tax professionals handle the entire process, ensuring accuracy and compliance. This approach suits both DIY filers and those seeking expert help.


  2. Which is the best site to file ITR?

    The best platform depends on user preference, but TaxBuddy stands out for its user-friendly interface, expert support, and comprehensive compliance features. It simplifies complex tax filings, provides timely reminders, and helps avoid errors, making it an excellent choice for accurate ITR filing.


  3. Where to file an income tax return?

    Income Tax Returns must be filed online through the official Income Tax Department e-filing portal or through authorized platforms like TaxBuddy that are linked to the government system. Filing through authorized portals ensures returns are processed efficiently and securely.


  4. Can I claim HRA exemption under the new tax regime?

    No. The new tax regime disallows HRA exemption. All HRA received is fully taxable and must be reported as part of gross salary. Rent paid cannot be claimed as a deduction under this regime.


  5. What should I do if my employer incorrectly shows HRA exemption in Form 16 under the new regime?

    If Form 16 reflects an HRA exemption wrongly, request your employer to issue a corrected Form 16. File your ITR based on the corrected form to avoid mismatches that may trigger tax notices or penalties.


  6. Do I need to submit rent receipts if I opt for the new tax regime?

    No, rent receipts or any proof of rent payment are not required under the new tax regime since HRA exemption is not allowed. Reporting full HRA as taxable income eliminates the need for rent documentation.


  7. How can I correct an HRA claim mistake in my filed ITR?

    To correct a wrong HRA exemption claim, file a revised return before the deadline. This revised return should include the full HRA as taxable income. Also, verify that your employer’s Form 16 is accurate or get it corrected if necessary.


  8. What deductions are available for salaried individuals under the new tax regime?

    Under the new tax regime, most exemptions are removed. However, salaried individuals can claim a standard deduction of ₹75,000 for FY 2024-25. Other deductions like 80C investments, 80D medical insurance, and HRA are not available.

  9. What are the penalties for wrongly claiming HRA exemption?

    Wrongly claiming HRA exemption can lead to tax notices and reassessment. If the claim is disallowed, you may have to pay the additional tax along with interest and penalties that can range up to ₹1 lakh or more depending on the severity of the non-compliance.

  10. Can I claim both HRA and home loan interest deduction in the new tax regime?

    No. The new tax regime does not allow deductions for HRA or home loan interest. Both are available only under the old tax regime. Taxpayers must choose one regime based on their deduction preferences.


  11. How does TaxBuddy help prevent tax notices related to HRA?

    TaxBuddy’s platform guides users through the correct tax regime choice and accurate income reporting. It flags common errors like incorrect HRA claims, helps prepare accurate returns, and provides expert support to respond promptly to any notices, minimizing compliance risks.


  12. Is it better to choose the old or new tax regime for HRA benefits?

    Choosing between regimes depends on your individual tax profile. If you have significant exemptions like HRA and other deductions, the old regime may save more tax. If you prefer simplicity and lower rates without exemptions, the new regime suits better. TaxBuddy offers tools to compare and decide optimally.


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