Statutory Comparison: Section 115BAC vs Old Tax Slabs
The choice between the New Tax Regime (Section 115BAC) and the traditional Old Tax Regime is the most critical annual tax decision for Indian individual taxpayers, salaried employees, and business practitioners. Introduced to simplify tax administration, the New Tax Regime offers substantially lower slab rates and wider tax brackets in exchange for foregoing most itemized deductions and exemptions.
The Finance Act 2024 and Budget 2025 restructured Section 115BAC into the default tax regime with major benefits: standard deduction for salaried individuals was raised to ₹75,000 (compared to ₹50,000 in the Old Regime), and slab limits were widened — taxable income up to ₹3,00,000 is taxed at Nil, ₹3,00,001 to ₹7,00,000 at 5%, ₹7,00,001 to ₹10,00,000 at 10%, ₹10,00,001 to ₹12,00,000 at 15%, ₹12,00,001 to ₹15,00,000 at 20%, and above ₹15,00,000 at 30%.
Crucially, Section 87A provides a full tax rebate for net taxable income up to ₹7,00,000 in the New Regime, meaning a salaried employee with gross salary up to ₹7,75,000 (after the ₹75,000 standard deduction) pays zero income tax. Furthermore, statutory marginal relief applies for income marginally exceeding ₹7,00,000, ensuring that tax payable never exceeds the income earned above the threshold.
In contrast, the Old Tax Regime preserves itemized deductions under Chapter VI-A: Section 80C (up to ₹1,50,000 for EPF, PPF, ELSS, tuition fees), Section 80D (health insurance up to ₹25,000/₹50,000), Section 24(b) (home loan interest on self-occupied house up to ₹2,00,000), Section 80CCD(1B) (additional NPS up to ₹50,000), and House Rent Allowance (HRA) exemptions under Section 10(13A).
For salaried employees, the option to choose between regimes can be exercised each financial year at the time of filing their return of income under Section 139(1). However, taxpayers with business or professional income (filing Form ITR-3 or ITR-4) can opt out of the New Regime only by filing Form 10-IEA prior to the return due date, and can switch back to the New Regime only once in their lifetime.
Worked Example: Salaried Professional with ₹15,00,000 CTC
A salaried individual earns gross salary of ₹15,00,000 and has invested ₹1,50,000 in Section 80C, ₹25,000 in Section 80D health insurance, and pays ₹1,50,000 home loan interest u/s 24(b):
Frequently Asked Questions (FAQs)
What is the zero-tax income limit under the New Tax Regime for salaried employees?
Salaried individuals pay zero tax on gross salary up to ₹7,75,000. This is because the ₹75,000 standard deduction u/s 16(ia) brings the net taxable income down to ₹7,00,000, which is then fully rebated under Section 87A.
Can a salaried taxpayer switch between New and Old regimes every year?
Yes. Salaried employees without business income can freely choose between the New and Old Tax Regime every year at the time of filing their Income Tax Return under Section 139(1).
Which deductions are still allowed under the New Tax Regime?
Under Section 115BAC, allowed deductions include: ₹75,000 Standard Deduction on salary, Employer's NPS contribution under Section 80CCD(2) up to 14% of salary, family pension deduction up to ₹25,000, and transport allowance for persons with disability.
What is the break-even deduction required for the Old Regime to be better?
For incomes between ₹10 Lakhs and ₹15 Lakhs, a taxpayer typically needs more than ₹3,75,000 to ₹4,25,000 in total deductions (including 80C, 80D, HRA, and home loan interest) for the Old Regime to beat the New Regime.
What is Form 10-IEA and who must file it?
Form 10-IEA is required only for taxpayers with income from business or profession (such as proprietorships, partners, freelancing professionals) who wish to opt out of the default New Tax Regime. It must be filed on the income tax portal on or before the due date specified under Section 139(1).