Section 10(13A) of the Income-tax Act: HRA Exemption Rules

Section 10(13A) of the Income-tax Act: HRA Exemption Rules

Section 10(13A) of the Income Tax Act, 1961 exempts house rent allowance (HRA) up to the least of 3 amounts, which Rule 2A sets. The exemption needs rent paid and works only in the old tax regime.

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In summary

Section 10(13A) of the Income Tax Act
 

Section 10(13A) of the Income Tax Act

Section 10(13A) exempts the house rent allowance (HRA) in your salary up to a limit. The exempt amount is the least of 3 figures, so a high rent does not always mean a high exemption.


  • Test 1: the HRA you receive
  • Test 2: rent paid minus 10% of salary
  • Test 3: 50% of salary in a metro city, or 40% in other cities
  • Cities: 4 metros up to financial year (FY) 2025-26, and 8 metros from FY 2026-27
  • Regime: old regime only
  • Proof: rent receipts, and the landlord's Permanent Account Number (PAN) when annual rent exceeds Rs. 1 lakh


Check the exemption each year against your actual rent. Bajaj Finance reviews your salary slips and returns for a home loan, so a correct HRA claim keeps both documents consistent.

What is Section 10(13A)?

Section 10(13A) of the Income Tax Act, 1961 exempts the HRA that an employer pays to meet the rent of a home the employee lives in. The exemption reduces taxable salary. Rule 2A of the Income-tax Rules, 1962 prescribes how much is exempt.


Under the Income Tax Act, 2025, which applies from 1 April 2026, the exemption sits in Schedule III (serial number 11), read with Section 11. Rule 279 of the Income-tax Rules, 2026 sets the limits from Tax Year 2026-27. Returns for FY 2025-26 still follow Section 10(13A) and Rule 2A.

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How much HRA is exempt under Section 10(13A)?

The exempt amount is the least of 3 figures, worked out for each month.


TestAmount
1. HRA receivedThe HRA shown on your payslip, in Rs. per month
2. Rent paid minus 10% of salaryRent in Rs. per month, less 10% of monthly salary
3. Share of salary50% of monthly salary in a metro city, or 40% in other cities

Rule 2A defines salary for these tests as basic pay, dearness allowance that counts for retirement benefits, and commission paid as a fixed percentage of turnover. Bonus, overtime and other allowances stay outside it.


The part of your HRA that is not exempt is taxed as salary. You can claim less than the least of the 3 figures, but never more.

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Which cities count as metro for HRA?

Four cities count as metro for FY 2025-26: Delhi, Mumbai, Kolkata and Chennai. From FY 2026-27, Rule 279 of the Income-tax Rules, 2026 adds Bengaluru, Hyderabad, Pune and Ahmedabad, which takes the list to 8 cities.


City groupLimit in FY 2025-26 (% of salary)Limit in FY 2026-27 (% of salary)
Delhi, Mumbai, Kolkata, Chennai50%50%
Bengaluru, Hyderabad, Pune, Ahmedabad40%50%
All other cities40%40%

Last updated: 14th Oct 2026


Use the list for the year you file. Confirm it against the notified rule before you submit your return.

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Who cannot claim the Section 10(13A) exemption?

You cannot claim it in 4 situations: no HRA, no rent, an owned home or the new regime. Section 10(13A) rests on rent actually paid for a home that you do not own.


SituationWhy it fails
Your salary has no HRANothing exists to exempt; Section 80GG may help instead
You pay no rentThe section needs rent actually paid
You own the house you live inThe section excludes accommodation that you own
You chose the new tax regimeThe new regime does not allow this exemption

Self-employed taxpayers receive no HRA, so their route is the Section 80GG deduction, which has its own conditions.

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Can I claim HRA and home loan interest together?

Yes, when you live in a rented home and the home you own is somewhere else. HRA covers the rent for the home you occupy. Section 24(b) covers the interest on the loan for the home you own, up to Rs. 2 lakh a year for a self-occupied home in the old regime.


The trade-off is cash flow. During the overlap you pay rent and the equated monthly instalment (EMI) together, and both claims need the old regime. When you move into the home you bought, the rent stops and the HRA claim stops with it.


Compare 2 totals before you choose: the tax saved by both claims, and the cost of paying rent and EMI at the same time.

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What proof do I need for the HRA exemption?

Keep 3 documents for each year: the rent agreement, the monthly receipts or bank transfers, and the landlord's PAN when your rent exceeds Rs. 1 lakh a year. That limit is about Rs. 8,333 a month.


Your employer collects these through a declaration form. From 1 April 2026, Form 124 replaces Form 12BB for this purpose, according to two tax guides.


If you pay rent to a parent, the parent must show the rent as income in their return. Keep the agreement and the transfers as proof.

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A worked example: Rs. 45,000 rent in Hyderabad

Arjun Rao, 29, works in Hyderabad and earns Rs. 1.5 lakh a month, with a CIBIL Score of 771. His basic pay is Rs. 80,000 a month, his HRA is Rs. 40,000 and his rent is Rs. 45,000. He uses the old regime at the 30% slab.


Formula used: Monthly exemption = least of (HRA received; rent paid − 10% of basic; 50% or 40% of basic).


ItemFY 2025-26 (Rs.)FY 2026-27 (Rs.)
HRA received, per month40,00040,000
Rent paid minus 10% of basic (Rs. 8,000), per month37,00037,000
Share of basic, per month32,000 (40%)40,000 (50%)
Monthly exemption (least of 3)32,00037,000
Yearly exemption3,84,0004,44,000
Taxable HRA for the year96,00036,000

Hyderabad moves to the 50% limit from 1 April 2026, so the yearly exemption under Section 10(13A) rises by Rs. 60,000. At 30% plus 4% cess, Arjun saves Rs. 18,720 of tax.

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Does HRA affect a home loan with Bajaj Finance?

Bajaj Finance reviews your salary slips and income tax returns, and your slip lists HRA as one component of pay. A correct HRA claim keeps the return and the slips consistent. HRA ends when you move into a home you own, so plan for the rent and the EMI together during the overlap.


Loan featureDetail
Interest rateFrom 7.50% p.a.*, subject to credit assessment
Loan amountUp to Rs. 15 crore*
TenureUp to 32 years

Approval timelines can extend where your slips and your return show different income, or a rent agreement is missing, and minimum income thresholds can differ by city. Check your home loan eligibility before you decide when to move.

Frequently Asked Questions

Claiming the exemption

Rent, filing, and home loans

Can I claim HRA if I live with my parents?

Yes, if you pay them rent and they accept it. Sign a rent agreement and pay by bank transfer so that every payment leaves a record. Your parent must show the rent as income in their own return. Without actual rent paid, you cannot claim, because the section covers only rent that you pay.

Can I claim HRA in the new tax regime?

No. The new regime does not allow the Section 10(13A) exemption. If your rent is high, work out your tax in both regimes before you declare one to your employer. The old regime lets you claim HRA together with other deductions, while the new regime gives lower slab rates and a higher standard deduction.

Do I need my landlord's PAN?

You need it when your yearly rent exceeds Rs. 1 lakh, which is about Rs. 8,333 a month. Below that limit, you still need proof of rent. Keep the rent agreement and your bank transfers for every month, because your employer or the tax department can ask for them. Your employer asks for the PAN together with your rent declaration.

Where do I show HRA in my income tax return?

You show it in the salary section, as an allowance exempt under Section 10. The guide on how to claim HRA while filing ITR walks through the entry. Nothing is uploaded with the return, but you should keep your rent proof for the years the department can review. If your employer's Form 16 already shows the exemption, match that figure with your own calculation.

Can I claim HRA while my new home is under construction?

Yes, if you rent a home meanwhile and meet the other conditions. You pay rent, so the HRA claim stands. The interest deduction on your home loan follows its own rules. When you move into the new home, the rent stops, so the HRA claim must stop in that month.

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