ITR Filing: Old Tax Regime Vs New Tax Regime for FY 25-26

The right tax regime isn’t universal, it depends on your income, investments, deductions, and financial goals, so compare both carefully before filing your return.

Comparison Between Old and New Tax Regime

ITR Filing: Old Tax Regime Vs New Tax Regime for FY 25-26

ITR Filing: Old Tax Regime Vs New Tax Regime for FY 25-26

INTRODUCTION

As the due dates are approaching, it’s necessary to understand what the tax benefits are that one can avail to save taxes to the maximum. For that purpose, it’s important to know how tax is actually calculated.

For Individual/HUF/AOP/BOI/AJP, there are normally two regimes: one is the OLD tax Regime (Normal Provisions) & another is the New Tax regime (us 115BAC)

So, the question arises: what are the differences among them, & which one is beneficial for you in FY 25-26? So, if you want the answers, then this article is for you

TAX SLABS COMPARISONS: FY: 25-26, AY: 26-27

NORMAL PROVISIONS

Different basic exemption limits apply based on age: General (Rs 2.5L), Senior Citizens 60-80 years (Rs 3L), Super Senior Citizens 80+ years (Rs 5L)

Income Slab (General)Tax Rate
Up to Rs 2,50,000NIL
Rs 2,50,001 – Rs 5,00,0005%
Rs 5,00,001 – Rs 10,00,00020%
Above Rs 10,00,00030%

Note:

  • Senior Citizens (60-80 years): Nil up to Rs 3,00,000 & other rates will remain same i.e. 3L to 5L: 5%, Above 5L to 10L: 20% & Above 10L: 30%
  • Super Senior Citizens (80+ years): Nil up to Rs 5,00,000 & other rates will remain the same, i.e. Above 5L to 10L: 20% & Above 10L: 30%
  • Any Resident Individual whose 60th/80th birthday falls on 1st April 2026 will be treated as having completed the age of 60/80 years on 31-3-2026, i.e. for FY 25-26 & will be eligible for a higher exemption limit.

NEW TAX REGIME (SECTION 115BAC, AS AMENDED BY FINANCE ACT 2025)

Under the New Regime, a UNIFORM basic exemption limit of Rs 4,00,000 applies to ALL individuals regardless of age (General, Senior Citizens, and Super Senior Citizens alike).

Income Slab [Sec. 115BAC – AY 2026-27]Tax Rate
Up to Rs 4,00,000NIL
Rs 4,00,001 – Rs 8,00,0005%
Rs 8,00,001 – Rs 12,00,00010%
Rs 12,00,001 – Rs 16,00,00015%
Rs 16,00,001 – Rs 20,00,00020%
Rs 20,00,001 – Rs 24,00,00025%
Above Rs 24,00,00030%

Key Highlight: Special income (u/s 111A, 112, 112A, etc.) remains taxable at special rates even under Section 115BAC.

Zero Tax Benefit: With Rebate u/s 87A (Rs 60,000), a Resident Individual with total income up to Rs 12,00,000 pays ZERO income tax under Section 115BAC

SURCHARGE & HEALTH EDUCATION CESS

There is a significant benefit for taxpayers with higher incomes under the new regime:

Total IncomeOld Regime SurchargeNew Regime Surcharge
Above Rs 50 Lakh up to Rs 1 Crore10%10%
Above Rs 1 Crore up to Rs 2 Crore15%15%
Above Rs 2 Crore up to Rs 5 Crore25%25%
Above Rs 5 Crore37%25% (Capped)

Note: The HEC at 4% is the same under both regimes, & it should be calculated over and above the tax calculated, including the surcharge.

REBATE US 87A & MARGINAL RELIEF

Rebate u/s 87A is available only to Resident Individuals. It reduces the income tax payable as follows:

RegimeSectionIncome LimitRebate Amount
Old Regimeu/s 87A≤ Rs 5,00,000Lower of: 100% of tax or Rs 12,500
New Regime (115BAC)u/s 87A≤ Rs 12,00,000Lower of: 100% of tax or Rs 60,000

NOTE: Rebate u/s 87A is available ONLY against tax calculated at normal rates under Sec 115BAC. It is NOT available against tax on special rate income (u/s 111A, 112, 112A, etc.).

MARGINAL RELIEF

Its benefit is given under the new tax regime, that if when Total Income slightly exceeds Rs 12,00,000. The tax payable on such income cannot exceed the amount by which Total Income exceeds Rs 12,00,000, which can be understood by following the example.

Total IncomeTax (115BAC)Rebate u/s 87ATax PayableHEC @ 4%Total Tax
Rs  12,00,000Rs  60,000Rs  60,000Nil (after rebate) –Rs  0
Rs  12,10,000Rs  61,500Rs  51,500Rs  10,000Rs  400.00Rs  10,400
Rs  12,30,000Rs  64,500Rs  34,500Rs  30,000Rs  1,200.00Rs  31,200
Rs  12,60,000Rs  69,000Rs  9,000Rs  60,000Rs  2,400.00Rs  62,400
Rs  12,70,585Rs  70,588Rs  3Rs  70,585Rs  2,823.40Rs  73,408
Rs  12,71,000Rs  70,650Nil (No Rebate)Rs  70,650Rs  2,826.00Rs  73,476

COMPREHENSIVE FEATURE-BY-FEATURE COMPARISON

The table below covers all major aspects to help you make an informed decision between the two regimes, as under the new regime, there are various deductions & allowances which are not available due to the lower slab rate; hence, it’s important to choose wisely.

ParticularsOld Tax RegimeNew Tax Regime (115BAC) [Finance Act 2025 – AY 2026-27]
Governed byRegular provisions of IT ActSection 115BAC (Default from AY 2024-25)
Applicable toIndividuals, HUF, AOP, BOI, AJPIndividuals, HUF, AOP/BOI (not co-op society), AJP
Basic ExemptionRs 2.5L / Rs 3L (SC) / Rs 5L (SSC)Rs 4,00,000 (Uniform for all)
Rebate u/s 87ARs 12,500 (income ≤ Rs 5L)Rs 60,000 (income ≤ Rs 12L)
Marginal Relief (87A)NAAvailable
Standard Deduction SalaryRs  50,000Rs  75,000
HRA u/s 10(13A)AvailableNot allowed
LTA u/s 10(5)AvailableNot allowed
Entertainment Allowed u/s 16(ii)AvailableNot allowed
Professional Tax u/s 16(iii)AvailableNot allowed
Interest on Self-Occupied Prop. u/s 24(b)Up to Rs 2LakhNot allowed
Interest on a Let-Out Property u/s 24(b)AvailableAvailable
Set-off of HP LossUp to Rs 2LakhNot allowed (not even c/f)
Chapter VI-A: Deductions (80C etc.)AvailableNOT allowed
80CCD(2) – Employer NPSAvailableAvailable (14%/10%)
80CCH (2) – AgniveerAvailableAvailable
80JJAA, 80LAAvailableAvailable
PGBP deductions (Sec 10AA etc.)AvailableMost not allowed
Surcharge on income > Rs 5 Crore37%25% (Capped)
Health & Education Cess4% on tax + surcharge4% on tax + surcharge
Default RegimeOpt-in requiredDEFAULT (from AY 2024-25)
Switching option (Salary)Every yearEvery year
Switching option (PGBP)AnytimeOnly ONCE back to the Old Regime

SECTION 115BAC DEDUCTIONS & EXEMPTIONS ALLOWED

Under Section 115BAC(1A), only specific deductions and exemptions are permitted to be set off against total income as follows:

Nature of BenefitSection ReferenceLimit/Description
Standard Deduction (Salary)Sec 16(ia)Rs 75,000 (increased from Rs 50k)
Standard Deduction (Pension)Sec 16(ia)Rs  75,000
Standard Deduction (Family Pension)Sec 57(iia)Lower of Rs 25,000 or 1/3rd of pension
Employer’s NPS ContributionSec 80CCD (2)Up to 14% of Salary (Basic + DA)
Tax RebateSec 87A100% Tax Relief for income up to Rs 12,00,000 & Marginal Relief
Home Loan Interest (Let-out)Sec 24(b)Actual interest paid (No limit for rented property)
GratuitySec 10(10)Up to Rs 20,00,000 (Non-Govt)
Leave EncashmentSec 10(10AA)Up to Rs 25,00,000 (Non-Govt)
Agniveer Corpus FundSec 80CCHAmount contributed to the Seva Nidhi
Additional Employee CostSec 80JJAAFor businesses/professions

Exempt Allowances under Section 10 

Allowance NameSection ReferenceExemption Limit
Conveyance AllowanceSec 10(14)(i)Actual amount spent for official duty
Tour/Travel AllowanceSec 10(14)(i)Cost of travel/transfer for official work
Daily AllowanceSec 10(14)(i)Ordinary daily charges during official absence
Transport AllowanceSec 10(14)(ii)Rs 3,200/month (Only for Divyang/specially-abled)
Official PerquisitesSec 17(2)Vouchers, phones/internet, and office-use items

HOW TO CHOOSE A REGIME

After knowing all about both regimes its critical to decide which one is beneficial, so below are some points under both regimes by which you can make a decision:

Why Choose Old Regime

  • You have a self-occupied home loan with significant interest payment (up to Rs 2L u/s 24(b))
  • You receive substantial HRA and live in rented accommodation
  • You are a Senior / Super Senior Citizen with higher exemption limits
  • You pay significant health insurance premiums (80D)
  • You have more investments for which you can avail deductions under Chapter VI-A. Then it’s advisable to compare both

Why choose New Regime

  • Your total income is Rs 12,00,000 or below — ZERO tax after 87A rebate
  • You are a young professional or new earner with limited investments
  • Your employer contributes to NPS (80CCD (2) is still available in the New Regime)
  • You prefer a simpler, hassle-free tax filing without tracking multiple exemptions
  • Income above Rs 5 Crore — surcharge capped at 25% vs 37% in Old Regime
  • You do not claim HRA (living in your own house or your parents’ house)

CONCLUSION

The Finance Act 2025 has made the New Tax Regime under Section 115BAC significantly more attractive for FY 2025-26 (AY 2026-27) with a raised exemption limit of Rs 400,000; an enhanced rebate of Rs 60,000, making up to Rs 12 Lakh tax-free; and a higher standard deduction of Rs 75,000.

However, the Old Regime remains relevant for taxpayers with high deductions, home loans, HRA claims, and significant Chapter VI-A investments. The ‘best’ regime is entirely personal. Hence, one should choose wisely to evaluate the best.

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