The thread was started in 2011, and it is good that it is still alive.
HRA as a Component of Salary
HRA is a component of salary. It is included in the salary to make the employee eligible for some tax benefits. The basic idea nowadays is not tax benefits but to reduce the burden on employers from certain statutory contributions like PF, Gratuity, Bonus, etc. That is why they are paying HRA without any reference to where the employee stays, whether in a rented house or owned house, and whether the spouse is getting HRA or not.
Legal Considerations for HRA
To be legally correct, the HRA should be based on salary. Here, the salary should be gross salary and not merely basic salary. HRA should not be at the same percentage for all employees. It shall depend upon the city of residence. As stated above, it should be paid only to those who reside in a rented house. There are some conditions, like you can stay with your parents and pay rent to parents, but you cannot claim rent for staying in a house owned by your spouse or rented out by the spouse. Income Tax exemption is based on three parameters and shall be the least of the following:
(1) The actual rent that is paid should be less than 10% of the basic salary (Basic salary shall include dearness allowances, other allowances including commission based on sales).
(2) In case you're staying in a metro, 50% of the basic salary and 40% if you live in a non-metro city.
(3) The actual amount received as the HRA from the employer.
Impact on Salary Structuring
The above HRA exemption factors will not influence your salary structuring. In salary structuring, therefore, a common understanding is available, and that is a certain percentage of your basic salary. Still, when you pay it across all employees, the objective of paying HRA will be defeated. It is seen that even in the case of employees whose salary will not come under IT brackets are paid a huge amount as HRA just to reduce the employer's contribution to PF or gratuity. This may have a negative effect in the future if anyone objects to it. Therefore, it is advisable to pay HRA only to those who actually reside in rented houses. Then it will become an allowance out of the purview of salary.