Can non-salaried persons claim house rent allowance? HRA rules explained

House Rent Allowance (HRA) is standard practice for salaried workers, who receive it as part of their regular pay structure. However, non-salaried individuals—such as freelancers, business owners, and self-employed professionals—can still secure tax relief on their rental expenses by utilizing Section 80GG of the Income Tax Act. It is crucial to remember that taxpayers must choose the old tax regime to remain eligible for this specific deduction.

An individual can claim a tax deduction under Section 80GG (IT Act 1961) or under Section 134 (IT Act 2025) provided they satisfy every single one of the following criteria:

• The individual does not receive any House Rent Allowance from an employer.
• The individual pays rent specifically for residential living space.
• The individual, their spouse, their minor child, or their Hindu Undivided Family (HUF) does not own a residential property in the location where the taxpayer currently lives or works.
• The individual successfully submits Form 10BA alongside their annual tax return.

How does Section 80GG differ from standard HRA exemption?

The core distinction between the HRA exemption and the Section 80GG (or Section 134) deduction boils down to monetary caps. The HRA exemption is reserved exclusively for salaried staff, directly tied to their specific income brackets, and calculated based on variables such as total HRA received, actual rent paid, and city of residence.

Conversely, the deduction under Section 80GG functions with a much lower statutory ceiling of ₹60,000 per year. Consequently, even if a taxpayer's actual rent payments are dramatically higher, their overall deduction remains strictly capped at ₹60,000 annually. Standard HRA exemptions do not face this rigid, low ceiling.

The Section 80GG formula

The final tax deduction is determined by taking the lowest value among the following three calculations:

1. ₹5,000 per month (totaling ₹60,000 per fiscal year).
2. 25 per cent of the individual's total income (calculated before applying this specific deduction).
3. The actual rent paid minus 10 per cent of the individual's income (calculated before applying this specific deduction).

Essential documentation required

To successfully claim a Section 80GG deduction, taxpayers must retain proper documentary proof, including:

• A valid rent agreement or registered lease deed.
• Official rent receipts.
• Bank statements or electronic transfer receipts proving payment.
• The landlord’s PAN card details if the annual rent surpasses ₹1 lakh.

Additionally, filing Form 10BA is entirely non-negotiable. This form acts as a formal declaration verifying that you meet all prescribed legal conditions, and it must be submitted online either prior to or right along with your final income tax return.

Common pitfalls to avoid when claiming this deduction

Taxpayers frequently hit road bumps due to oversight. The most common errors include:

• Forgetting Form 10BA: Taxpayers regularly miss submitting Form 10BA, which is mandatory. Missing or delaying this form often results in the tax department rejecting the claim entirely.
• Errors on Deductions: Many individuals mistakenly try to write off their entire annual rent rather than limiting the claim to the formula's lowest threshold.
• Miscalculating Adjusted Income: Taxpayers often apply percentage limits directly to their gross income instead of calculating their "adjusted total income" first.
• Lack of Paperwork: People sometimes file claims without holding onto the necessary proof. Making rental payments in cash without any formal receipts or paper trails is a quick way to trigger an official tax audit.

Ultimately, tax experts advise that individuals should rigorously double-check their eligibility before writing off these expenses. Calculate the eligible numbers precisely, submit Form 10BA on time, and safely store your rental contracts alongside your payment receipts.