Income tax6 min read

Can you claim HRA exemption in the new tax regime?

No, HRA exemption is not allowed in the new tax regime. How the three-way HRA rule works in the old regime and whether it makes the old regime cheaper for you.

By BlogBanking Research TeamUpdated

The short answer

No. HRA exemption is available only in the old tax regime; in the new regime your whole HRA is taxable. In return you get a ₹75,000 standard deduction and lower slabs. For most renters the new regime still costs less, unless HRA comes with other large deductions such as home loan interest.

HRA is an old regime exemption only

The new regime keeps tax rates low by dropping most exemptions and deductions, and HRA exemption is one of them. If you choose the new regime, every rupee of house rent allowance in your salary is taxable, however much rent you pay. Your employer will add the full HRA to your taxable salary when it works out TDS.

What the new regime gives instead is a larger standard deduction of ₹75,000 (against ₹50,000 in the old regime) and lower slab rates. For most employees that is worth more than the HRA exemption on its own, as the numbers below show.

The choice applies to your whole tax for the year, not allowance by allowance. You cannot take the new regime slabs and also claim HRA. The employer's NPS contribution is one of the few items deductible in both regimes, so it does not change the comparison.

How the exemption is worked out in the old regime

The exempt part of your HRA is the lowest of three amounts, each worked out for the year:

Exempt HRA = least of (HRA received, rent paid − 10% of salary, 50% or 40% of salary)

Salary here means basic pay plus dearness allowance that counts for retirement benefits, not your gross pay. The 50% limit applies in 8 cities: Delhi, Mumbai, Kolkata, Chennai, Bengaluru, Hyderabad, Pune and Ahmedabad. From tax year 2026-27 the Income-tax Rules, 2026 added Bengaluru, Hyderabad, Pune and Ahmedabad to the list. Everywhere else the limit is 40%.

Take a basic salary of ₹50,000 a month, HRA of ₹20,000 and rent of ₹18,000 in Bengaluru:

TestAmount for the year
HRA you receive₹2,40,000
Rent paid minus 10% of salary₹1,56,000
50% of salary₹3,00,000
HRA exempt₹1,56,000set by "rent paid minus 10% of salary"
HRA taxable₹84,000in the old regime
Rent for full exemption₹25,000a month

Here the rent test decides the exemption. Rent would need to rise to about ₹25,000 a month before the whole HRA became exempt. In the new regime the exempt amount would be zero and all ₹2,40,000 would be taxed.

Old regime with HRA against the new regime

The real question is whether the HRA exemption, together with your other deductions, makes the old regime cheaper. The table assumes basic pay of half the salary, HRA of 40% of basic, rent of a quarter of the salary in a metro, the full ₹1,50,000 in 80C investments, ₹25,000 of health cover and professional tax.

Annual salaryHRA exemptOld regime taxNew regime taxExtra deductions old regime needs
₹12 lakh₹2,40,000₹61,360₹0₹2,33,000
₹15 lakh₹3,00,000₹1,11,280₹97,500₹67,000
₹20 lakh₹4,00,000₹2,33,220₹1,92,400₹1,31,000
₹30 lakh₹6,00,000₹4,82,820₹4,75,800₹23,000
  • Even with a large HRA exemption, full 80C and health cover, the new regime is cheaper at every one of these salaries.
  • At ₹30 lakh, HRA cuts the old regime tax from ₹6,70,020 to ₹4,82,820, close to the new regime figure of ₹4,75,800.
  • The last column is the gap still to close. Own NPS (up to ₹50,000) and home loan interest (up to ₹2,00,000) are the usual ways to close it.

When claiming HRA makes the old regime worth it

  • Your rent is high relative to your basic pay, so the exemption runs into several lakh a year.
  • You also pay interest on a home loan for a house elsewhere, or contribute to NPS on your own.
  • Your salary is high enough that each deduction saves tax at 30%.

If you live in your own home, pay modest rent, or earn up to ₹12.75 lakh, the new regime will almost always cost less, and you can ignore HRA paperwork altogether.

A quick test: add your exempt HRA to every other old regime deduction you will genuinely have this year. If the total falls short of the break-even amount for your salary, the old regime will cost more however carefully you document the rent. Do not raise your rent or sign a longer lease just to save tax; the extra rent always costs more than the tax it saves.

Paperwork and common mistakes

  1. Keep a rent agreement and monthly rent receipts, and pay by bank transfer so there is a clear record.
  2. Give your employer the PAN of your landlord if the rent is more than ₹1 lakh a year; employers ask for it before allowing the exemption.
  3. Paying rent to your parents is allowed if you genuinely pay it and they show it as income in their own return.
  4. If your rent is more than ₹50,000 a month, you must deduct 2% TDS on the rent (formerly Section 194-IB) and deposit it, even as a salaried tenant.
  5. If you missed declaring rent to your employer, you can still claim the exemption in your return, provided you file under the old regime.
A common mistake
Declaring rent to your employer does not by itself put you in the old regime. If you have not opted out of the new regime, the HRA exemption is ignored and the full allowance is taxed.

Frequently asked questions

Is HRA fully taxable in the new tax regime?

Yes. The whole house rent allowance is added to your taxable salary in the new regime, whatever rent you pay.

Which cities count as metros for HRA from 2026-27?

Delhi, Mumbai, Kolkata, Chennai, Bengaluru, Hyderabad, Pune, Ahmedabad. These get the 50% limit; all other places get 40%.

Can I claim HRA if I pay rent to my parents?

Yes, in the old regime, if you actually pay the rent, ideally by bank transfer, and your parents declare it as rental income in their return.

Do I need my landlord's PAN to claim HRA?

Your employer will ask for it if the rent you pay is more than ₹1 lakh a year. Below that, rent receipts and the agreement are usually enough.

Can I claim HRA in my return if my employer did not allow it?

Yes, if you choose the old regime when filing. Keep the rent agreement and receipts in case the department asks for them.

This guide explains the rules and shows illustrative figures. It is not personal tax, legal or investment advice. Check your own situation with a qualified adviser before acting.