Skip to content
Direct Tax Code / Income Tax

House Rent Deduction Under Section 134 — Form 31 Declaration Requirements

A comprehensive guide to the house rent deduction under Section 134 of the Direct Tax Code, including Form 31 declaration requirements and compliance conditions.

25 Jul 20265 min read

Section 134 of the Income Tax Act, 2025 provides a deduction for rent paid by individuals for residential accommodation. This deduction is particularly valuable for taxpayers who do not own their own homes and incur significant rental expenses. Rule 65 of the Income Tax Rules, 2026 requires the assessee to file a declaration in Form 31. Understanding these requirements is essential for claiming this deduction.

The Statutory Framework

Section 134: Deduction in Respect of Rents Paid

Section 134 provides that in computing the total income of an assessee, there shall be deducted any expenditure incurred by him towards payment of rent in respect of any furnished or unfurnished accommodation occupied by him for the purposes of his own residence.

The deduction is allowable on payment of such rent exceeding 10% of his total income, subject to a maximum of Rs. 5,000 per month, or 25% of total income for tax year, whichever is less.

The 10% and 25% Formula

Step 1: Calculate 10% of total income

Step 2: Rent paid during the year minus 10% of total income

Step 3: The deduction is the lower of:

  • Rent paid minus 10% of total income
  • Rs. 5,000 per month
  • 25% of total income

Illustration:

  • Total income: Rs. 5,00,000
  • Rent paid: Rs. 60,000 (Rs. 5,000 per month)
  • 10% of total income: Rs. 50,000
  • Rent paid minus 10% of income: Rs. 10,000
  • 25% of total income: Rs. 1,25,000
  • Deduction: Lower of Rs. 10,000, Rs. 60,000, and Rs. 1,25,000 = Rs. 10,000

Conditions for Claiming Deduction

Eligibility

The deduction is available to individuals who:

  • Occupy residential accommodation for their own residence
  • Pay rent for such accommodation
  • Do not own residential accommodation at the place of residence or employment
  • Do not have any income exempt under Schedule III (Table: Sl. No. 11)

Ineligibility

The deduction is not allowed where:

  • Any residential accommodation is owned by the assessee or spouse or minor child at the place where he ordinarily resides or performs duties
  • Any residential accommodation is owned by the assessee at any other place, being accommodation in the occupation of the assessee, the value of which is to be determined under Section 21(6) or (7)(a)
  • The assessee has any income falling in Schedule III (Table: Sl. No. 11)

Form 31: Declaration Requirements

When to File Form 31

Rule 65 requires that for the purposes of claiming deduction under Section 134, the assessee shall file declaration in Form No. 31.

Content of Form 31

Form 31 requires the assessee to provide:

  • Details of the accommodation occupied
  • Amount of rent paid
  • Landlord's name and address
  • Landlord's PAN (if aggregate rent exceeds Rs. 1,00,000)
  • Period of occupation
  • Relationship with the landlord, if any

Verification

The declaration must be verified by the assessee. The person who is authorised to verify the return of income under Section 265 shall verify Form 31.

Compliance Requirements

When Landlord PAN is Required

Where the aggregate rent paid during the tax year exceeds Rs. 1,00,000, the assessee must provide the landlord's PAN in Form 31.

Relationship Disclosure

If the landlord is a relative of the assessee, this must be disclosed in Form 31.

Maintained Records

The assessee must maintain:

  • Rent receipts
  • Rent agreement
  • Proof of payment (bank statements, rent receipts)
  • Form 31 (signed and verified)

Practical Examples

Example 1: Basic Deduction

  • Total income: Rs. 5,00,000
  • Rent paid: Rs. 60,000 (Rs. 5,000 per month)
  • 10% of total income: Rs. 50,000
  • Rent paid minus 10% of income: Rs. 10,000
  • Deduction: Rs. 10,000

Example 2: Higher Income

  • Total income: Rs. 10,00,000
  • Rent paid: Rs. 60,000 (Rs. 5,000 per month)
  • 10% of total income: Rs. 1,00,000
  • Rent paid minus 10% of income: Negative
  • Deduction: Nil

Example 3: Higher Rent

  • Total income: Rs. 5,00,000
  • Rent paid: Rs. 1,20,000 (Rs. 10,000 per month)
  • 10% of total income: Rs. 50,000
  • Rent paid minus 10% of income: Rs. 70,000
  • 25% of total income: Rs. 1,25,000
  • Deduction: Lower of Rs. 70,000, Rs. 60,000 (Rs. 5,000 per month), and Rs. 1,25,000 = Rs. 60,000

Common Pitfalls and Compliance Issues

No PAN of Landlord: Where rent exceeds Rs. 1,00,000, PAN is mandatory.

Rent in Cash: Rent payment should be through banking channels to prove payment.

Rent Agreement: A rent agreement is essential, even if not required by law.

Ownership: If the assessee owns a house at the place of residence, the deduction is not available.

Expert Legal Guidance

Understanding the house rent deduction requirements is essential for taxpayers claiming this deduction. Anuj Desai & Associates provides expert advisory services on Direct Tax Code compliance, helping taxpayers file Form 31 declarations and ensure compliance with all requirements.


Compliance Guidehouse rent deduction Section 134Form 31 declaration requirementsSection 134 rent deductionhouse rent allowance deductionrent paid deductionForm 31 rent declarationSection 134 conditionsrent deduction maximum limitrent deduction income percentagerent deduction landlord PANrent deduction Form 31house rent deduction complianceSection 134 rent deduction guiderent deduction requirementsForm 31 rent declaration guide
Share

Related insights

Work with ADA

Ready to talk to an advisor?

Book a consultation and get a clear, considered view from a team that handles audit, tax, regulatory and cross-border work under one roof.