Income tax · Individuals and salaried
Which is better for me: the old or the new tax regime?
Short answer
For most individuals with income up to about ₹15 lakh and modest deductions, the new regime gives lower tax: income up to ₹12 lakh is effectively tax-free, and salaried people get ₹12.75 lakh with the standard deduction. The old regime wins only when your deductions and exemptions (sections 80C and 80D of the 1961 Act, now sections 123 and 126 of the 2025 Act, HRA and home-loan interest) are large. Compare both on your own figures every year.
How the two regimes differ
The new regime (section 115BAC of the Income-tax Act, 1961, now section 202 of the Income-tax Act, 2025) is the default. It has lower slab rates but allows very few deductions. The old regime has higher rates but keeps the familiar deductions and exemptions.
| New regime | Old regime | |
|---|---|---|
| Tax-free income (resident below 60) | Up to ₹12,00,000, through the rebate of up to ₹60,000 (section 87A, now section 156) | Up to ₹5,00,000, through the rebate of up to ₹12,500 |
| Standard deduction (salary or pension) | ₹75,000 | ₹50,000 |
| 80C (now 123), 80D (now 126), HRA, home-loan interest on a self-occupied house | Not available | Available |
| Employer's NPS contribution (80CCD(2), now section 124) | Available | Available |
| Highest surcharge | 25% | 37% |
New-regime slabs for tax year 2026-27 are: up to ₹4 lakh nil; ₹4–8 lakh 5%; ₹8–12 lakh 10%; ₹12–16 lakh 15%; ₹16–20 lakh 20%; ₹20–24 lakh 25%; above ₹24 lakh 30%. Health and education cess of 4% applies in both regimes.
A quick rule of thumb
Add up the deductions and exemptions you can actually prove: 80C (now 123) investments, health insurance under 80D (now 126), HRA, home-loan interest and so on. If the total is small, the new regime is almost always better. In our worked examples, a salaried person earning ₹15 lakh with ₹1.75 lakh of deductions pays about ₹97,500 under the new regime against about ₹2,02,800 under the old one. The old regime usually comes out ahead only when deductions run into several lakhs, for example a large HRA claim together with a home loan.
Can I switch every year?
- Salaried and other non-business taxpayers can choose either regime each year, when filing the return by the due date. The choice you give your employer for TDS does not bind you at filing.
- People with business or professional income must opt out of the new regime on or before the due date of the return. For returns under the 1961 Act (FY 2025-26 and earlier) this is done by filing Form 10-IEA before the return. Under the 2025 Act (tax year 2026-27 onwards) there is no separate form: the option under section 202(4) is exercised in the return of income itself (rule 136 of the Income-tax Rules, 2026). Having opted out, they can return to the new regime only once.
- A return filed after the due date (a belated return) is taxed under the new regime.
Before you decide
Run both calculations on your own figures with the income tax calculator. Remember that the 1961 Act governs returns for FY 2025-26, while tax year 2026-27 onwards falls under the Income-tax Act, 2025. The rates above apply under both.
Legal basis
- Section 115BAC, Income-tax Act, 1961 (returns for FY 2025-26 and earlier), now section 202, Income-tax Act, 2025 (tax year 2026-27 onwards)
- Section 87A rebate, Income-tax Act, 1961, now section 156, Income-tax Act, 2025
- Form 10-IEA, Income-tax Rules, 1962; rule 136, Income-tax Rules, 2026 (option in the return itself)
Official sources
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