Section 115BAC of the Income Tax Act, 1961 governs the provisions related to the new tax regime for individuals. While the new regime offers relaxed slab rates, limited deductions are available under the new regime. Up to ₹12 lakh of income can be tax-free under the new regime due to higher rebates. Assessees who have a simple income structure with little to no eligible tax saving deductions can find the new regime more beneficial.
Key Highlights of the New Tax Regime
New Tax Regime offers a basic exemption of Rs. 4 lakh and a tax rebate of up to Rs. 60,000.
Taxpayers enjoy tax-free income up to Rs. 12 lakh and salaried individuals enjoy tax-free income up to Rs. 12.75 lakhs.
Deductions & Exemptions such as HRA, 80C, 80D and many more are not allowed.
Section 115BAC offers a simpler tax structure with highly relaxed slab rates and a limited deductions. This allows the taxpayers to pay lesser taxes with less investments, documentation and other compliance requirements. It offers more beneficial surcharge rates, rebate and standard deduction, allowing the taxpayers to derive tax advantage without making any elaborate tax planning, investment in tax saving deductions, and cumbersome documentation.
Who can opt for Section 115BAC?
Both individuals and HUF can opt for the new tax regime under section 115BAC. Residents, non residents including the senior citizens are eligible for the beneficial slab rates under the new regime. As already mentioned, the new regime is the default tax regime, and the choice to exercise the old regime should be made within the due date for filing the original ITR. If the due date is passed, the taxpayer cannot file under the old regime, though it is beneficial for him.
New Tax Regime Calculator
Use ClearTax Income Tax Calculator and assess your tax liability and tax savings under the New Tax Regime for FY 2025-26 & FY 2026-2027.
Income Tax Calculator - FY 2025-26
₹
Maximum allowed amount is ₹10,00,00,000
Note: For individuals under 60 years.
Tax Liability
₹ 0
Old regime
Recommended
vs
₹ 0
New regime
Recommended
Income Tax Slab Rates Under Section 115BAC
Under Section 115BAC, the new tax regime tax slabs for FY 2025-26 (AY 2026-27) are as follows:
New Tax Slabs FY 2025-26 (AY 2026-27)
New Tax Rates FY 2025-26 (AY 2026-27)
Up to Rs. 4 lakh
Nil
Rs. 4 lakh to Rs. 8 lakh
5%
Rs. 8 lakh to Rs. 12 lakh
10%
Rs. 12 lakh to Rs. 16 lakh
15%
Rs. 16 lakh to Rs. 20 lakh
20%
Rs. 20 lakh to Rs. 24 lakh
25%
Above Rs. 24 lakh
30%
The new tax regime offers a standard deduction of Rs. 75,000 to salaried individuals.
Rebate Under New Tax Regime
Resident taxpayers can pay zero tax if their taxable income is below certain income limits. A taxpayer opting for the new tax regime, is eligible for a tax rebate of up to Rs. 60,000. Therefore, under the new tax regime, taxable income of up to Rs. 12 lakh is tax-free with zero tax liability.
However, for salaried individuals the new tax regime offers tax-free income up to Rs. 12.75. This is due to the standard deduction available.
Old and New Tax Regime for FY 2025-26 - Comparison of Deductions
The below table outlines the deductions & exemption that are allowed and disallowed under the old and new tax regimes:
Deduction/Exemption
Old Regime
New Regime
Section 80C (Investment in PPF, NSC, Life Insurance Premium, ELSS, etc.)
Available up to Rs. 1.5 lakh
Not available
Deduction for employer’s contribution to NPS account [Section 80CCD(2)]
Available
Available (up to 14% of salary)
Deduction for additional employee cost (Section 80JJA)
Available
Available
Deduction against amount paid or deposited in the Agniveer Corpus Fund under Section 80CCH(2)
Available
Available
Section 80D (Health insurance premium)
Available
Not available
Section 80E (Interest on education loan)
Available
Not available
Section 80G (Donations to charitable institutions)
Available
Not available
Section 80TTA/80TTB (Interest on savings bank account/interest for senior citizens)
Exemption on voluntary retirement 10(10C), gratuity u/s 10(10) and Leave encashment u/s 10(10AA)
Available
Available
Certain allowances such as transport allowance for specially-abled employees, conveyance allowance for job-related travel, travel compensation for tours or transfers, and daily allowances for duty-related expenses away from the workplace
Available
Available (under specific conditions)
Perquisites for official purposes
Available
Available
Employee’s (own) contribution to NPS
Available
Not available
Food allowance of Rs 50/meal subject to 2 meals a day
Available
Not available*
Allowances to MPs/MLAs
Available
Not available
Helper allowance
Available
Not available
Other special allowances [Section 10(14)]
Available
Not available
Self-Occupied House Property
Interest on housing loan up to ₹2 lakh deductible; loss can be set off.
No deduction for interest; no set-off of loss.
Let-Out House Property
Interest fully deductible; excess loss can be set off/carry forward.
Deduction limited to taxable rent; no set-off or carry forward of excess loss
Income from House Property Loss Set-off
Allowed (set off with other income)
Not available
Gifts up to Rs 50,000
Available
Available
Deduction of Rs 25,000 against Family Pension
Available
Available
Minor child income allowance
Available
Not available
Donation to Political party/trust, etc
Available
Not available
Additional Depreciation (Section 32(1)(iia))
Available
Not available
Deductions under section 32AD, 33AB, 33ABA
Available
Not available
Various deductions for donation for or expenditure on scientific research contained in section 35(2AA) or 35(1)(ii) or (iia) or (iii)
Available
Not available
Deduction under section 35AD or section 35CCC
Available
Not available
Exemption under section 10AA for SEZ units
Available
Not available
Business Loss / Unabsorbed Depreciation
Set-off and carry forward allowed if conditions are met
Not allowed if linked to deductions not available under the new regime.(e.g., Sec. 35)
Example: Sec. 35 Deduction Loss
Can be carried forward and set off in future years
Cannot be set off if deduction not allowed under new regime
Meal coupon allowance is allowed under section 202 of the Income Tax Act 2025, but not under the 1961 act.
Can I Switch Out of New Tax Regime?
The new tax regime is the default tax regime for FY 2025-26. However, taxpayers can opt out and still file taxes under the old tax regime if it is beneficial by filing Form 10-IEA.
Particulars
Salaried Taxpayer
Non-Salaried Taxpayer
Opting out of New Tax Regime
Allowed
Allowed
Action required
Choose Old regime while filing ITR
File Form 10-IEA
Form 10-IEA applicability
Not applicable
Mandatory
Form 10-IEA filing frequency
Not required
Once (valid for future years)
Switching back to New regime
Allowed anytime
Allowed only once in lifetime
Income Tax Calculation Under New Tax Regime
Mr. Rakesh has a salary income of Rs. 25 lakhs for FY 2025-26 (AY 2026-27)
The taxable income of Mr. Rakesh for FY 2025-26 under the new tax regime will be calculated as follows:
Particulars
Amount
Income from Salary
25,00,000
(-) Standard Deduction
-75,000
Taxable Income
24,25,000
The tax liability of Mr. Rakesh will be as follows:
Tax Regime
Tax Liability
New Tax Regime
3,19,800
Old Tax Regime
5,69,400
By opting for the New Tax Regime, Mr. Rakesh will be able to save Rs. 2,49,600 in taxes.
New Tax Regime - Income Tax Act 2025 Changes
Though the Income Tax 2025 takes effect from 01st April 2026, the provisions of the 1961 act applies for AY 2026-27, as it pertains to income earned up to 31st march,2026.
Below is the comparison of Income Tax Act 1961 with those in the Income Tax Act 2025.
Topics
Income Tax Act 1961
Income Tax Act 2025
New Tax regime
115 BAC
Section 202
Rebate under new regime
87A
Section 156
Exemption-VRS
10 (10C)
Schedule
Leave Encashment
10(10AA)
Schedule
SEZ exemption
10AA
Schedule
Business Loss rule
various
Section 116
Additional Depreciation
32(1)(iia)
Section 32
Final Word
The new tax regime offers limited deductions and relaxed slab rates, while the old regime offers a variety of deductions with tighter slab rates. The taxpayer should determine the most beneficial regime for them considering his income level, amount of deductions and other factors to optimize the taxes.
No, Section 80C deductions are not available under the new tax regime.
Is HRA allowed in new tax regime?
No, HRA exemption is not allowed in the new tax regime.
Which deductions are allowed in new tax regime?
Some deductions are allowed such as standard deduction, amount paid to Agniveer Corpus Fund, expenses towards income from family pension under Section 57(iia), transport allowance for specially abled persons, employer’s contribution to NPS account, additional employee cost and a few more listed in the above section of this article.
Which deductions are not allowed in new tax regime?
Many deductions are not allowed such as: Chapter VIA - Section 80C, 80D (premium on health insurance), 80E and so on, except Section 80CCD(2) and Section 80JJAA, and those listed in the above section of this article.
What is Section 115BAC – The New Tax Regime?
The Budget 2020 introduced Section 115BAC - a new tax regime with lower tax rate with fewer exemptions and deductions. It was further amended in the Budget 2023, changing the slab rates and the new regime was made the default regime.
Is there any change in the new tax regime?
No, as per Budget 2026 there are no change in the New Tax Regime provisions.
Has the deduction on Employers contribution to a pension scheme has increased?
Yes. From the FY 2024-25, the deduction on employers contribution to the pension scheme under section 80CCD(2) has been increased in the Budget 2024 to 14% of the salary + DA from 10% of salary +DA.
Can I claim deduction on interest on home loan for self occupied property under the new regime?
No. For self occupied property, interest on housing loan cannot be claimed for self occupied property under the new tax regime u/s 115BAC.
Are there relaxed slab rates for senior citizens under the new tax regime?
No. Unlike under the old regime, the relaxed slab rates especially for senior citizens are not available under the old regime.
Should I filr Form 10-IEA before filing ITR if I have to opt for old regime?
Only if you have business income, you are mandatorily required to file Form -10IEA if you want to opt for old regime. Other cases, it is not required.
Clear offers taxation & financial solutions to individuals, businesses, organizations & chartered accountants in India. Clear serves 1.5+ Million happy customers, 20000+ CAs & tax experts & 10000+ businesses across India.
Efiling Income Tax Returns(ITR) is made easy with Clear platform. Just upload your form 16, claim your deductions and get your acknowledgment number online. You can efile income tax return on your income from salary, house property, capital gains, business & profession and income from other sources. Further you can also file TDS returns, generate Form-16, use our Tax Calculator software, claim HRA, check refund status and generate rent receipts for Income Tax Filing.
CAs, experts and businesses can get GST ready with Clear GST software & certification course. Our GST Software helps CAs, tax experts & business to manage returns & invoices in an easy manner. Our Goods & Services Tax course includes tutorial videos, guides and expert assistance to help you in mastering Goods and Services Tax. Clear can also help you in getting your business registered for Goods & Services Tax Law.
Save taxes with Clear by investing in tax saving mutual funds (ELSS) online. Our experts suggest the best funds and you can get high returns by investing directly or through SIP. Download Black by ClearTax App to file returns from your mobile phone.
Office Address - Defmacro Software Private Limited, C 245A, Ground floor, Room No 1, Vikas Puri, West Delhi, New Delhi, Delhi 110018, India
Cleartax is a product by Defmacro Software Pvt. Ltd.