lhs banner

Can We Change the Tax Regime While Filing your ITR?

Yes, the tax regime can be changed every financial year while filing ITR. For salaried individuals, switching between the old and new tax regimes is allowed every assessment year while filing returns. However, for individuals with business or professional income, switching is allowed only once in a lifetime. 

To switch back to the old tax regime, they must file Form 10-IEA as per the Income Tax Rules.

How Can I Change My Tax Regime While Filing ITR?

Changing your tax regime is simple with a single click. ITR 1 & ITR 2 forms ask the taxpayer “Do you wish to exercise the option u/s 115BAC(6) of opting out of the new tax regime (default is ‘No’)?”. This means that if you click on ‘No’ then you will file your tax return and calculate your tax liability as per the new tax regime, and ‘Yes’ means you have switched from the new tax regime to the old tax regime. 

However, for ITR 3 and ITR 4 to change your tax regime from default regime to old tax regime then you will have to file form 10-IEA on or before the due date 31st August, 2026.

Who can Switch between Old and New Tax Regime?

Salaried Individuals: Individuals who file ITR1 and ITR2 can switch between the old and new tax regimes annually. They assess their income, investments, and tax liability to choose the tax regime for filing their ITR. If you inform your employer about the tax regime at the beginning of the financial year, you can still change it during the ITR filing. However, if you don’t inform your employer about your choice of tax regime, he will take the new tax regime as the default regime.

Individuals with Business/ Professional Income: These individuals who file ITR 3, ITR 4, and ITR 5 can switch from new tax regime to old tax regimes only once in a lifetime by filling out Form 10-IEA.  If they re-enter to the new tax regime, they cannot switch back to the old tax regime. 

The following table shows different scenarios wherein Form 10 IEA is required for switching between old and new regimes.

ScenarioChoice of Regime was in FY 2024-25Choice of Regime For FY 2025-26Form 10-IEA Requirement
Switching to Old RegimeNew RegimeOld RegimeYes – Must submit Form 10-IEA
Staying in Old RegimeOld RegimeOld RegimeNo
Switching to New RegimeOld RegimeNew RegimeYes – Must submit Form 10-IEA
First-time filing under the Old Regime (For FY 2025-26) Old RegimeYes – Must submit Form 10-IEA
First-time filing under the New Regime (For FY 2025-26) New RegimeNo

How to File Form-10IEA?

From 10IEA can be filed through the following steps:

  1. Go to the Income Tax portal and sign in using PAN and password
  2. On the dashboard, go to e-file> Income Tax Forms> File Income Tax Forms
  3. Search for Form 10-IEA using the search box or scroll through the form list. Click ‘File Now’
  4. Choose the relevant assessment year
  5. Click on ‘Let's get started’, after checking the list of required documents.
  6. Click ‘Yes’ if you have income from business or profession, choose the due date of filing and click on ‘Continue’
  7. Click ‘Yes’ on the confirmation to change from the new tax regime to the old tax regime
  8. Verify and confirm the details of the three sections below of Form 10-IEA:

Basic Information

The taxpayer’s name and PAN are pre-filled.

The portal pre-selects the regime based on your previous year's filing.

If you opt out of the new tax regime for the first time, the opt-out option will be pre-selected. If the system has a previous year form, the re-entering option will be pre-selected. Click on ‘Save’ button.

Additional Information

Provide details related to the IFSC unit if you have any, and click ‘Save’. If you are opting out of the new tax regime, this additional information panel will be greyed out.

Verification and Declaration

Agree to the declared terms and preview all the form entries before submission.

  1. Verify using Aadhar OTP, Digital Signature Certificate (DSC), Electronic Verification Code (EVC)
  2. Confirm and submit the form after verification.
  3. You will receive the acknowledgement message with the acknowledgement number and transaction ID. Save them for future reference.

What if Taxpayers don’t Change Tax Regime?

Since the new tax regime is now the default, if taxpayers do not actively choose between the old and new tax regimes, their taxes will automatically be calculated under the new tax regime. However, the Income Tax rules provide flexibility, allowing taxpayers to opt out of the new (default) tax regime and choose the old regime before the last date for filing their ITR for the relevant assessment year.

Form 10-IE vs Form 10-IEA

You might be confused about which form to file for AY 2026-27, is it Form 10-IE or Form 10-IEA. Here is the difference between the forms.

Form 10-IEForm 10-IEA
Form 10-IE allows taxpayers to opt for the new tax regime.While Form 10-IEA is filed to opt for the old tax regime.
No longer needed as the new tax regime is the default regime.However, it is mandatory for the taxpayers filing through ITR-3 or ITR-4 to file for AY 2026-27 if they opt for old regime.

Things to Remember when Switching Tax Regime

Switching between the tax regimes is a crucial step, as when you change your tax regime, your tax liability and basic exemption limit will change accordingly. So before changing the tax regime, remember to go through these checkpoints. 

  1. Know your Tax Regime: It is imperative to completely understand the tax regimes before choosing one. Analyse deductions, exemptions and tax rates to take full advantage of the regime and save tax.
  2. Evaluate the tax liability: Understand the tax liability you would have to pay for the income you earn and the deductions available to you. You can calculate your tax liability through our income tax calculator.
  3. Effect on Investments and Savings: Consider the effect of the change of regime on investments, savings and your financial planning techniques. You should also keep in mind that some investments cannot be claimed as deductions under the new tax regime. 
  4. Documentation: Make sure that all the documents are required to state your income source, deductions and exemptions claimed while filing your tax returns. 
  5. Tax Planning: Look forward to your future financial planning, if changing regimes now will affect them or not, consider life events or long-term investments. If your tax planning will align with the tax regime should also be ensured. 

Frequently Asked Questions

Can I change my tax regime while filing ITR?
What happens if I choose the New tax regime?
Which form should I file to opt for the old tax regime?
What are the deductions available under the new tax regime?
What is the difference between Form 10IE and Form 10IEA?
rhs banner

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.

Privacy PolicyTerms of use

ISO

ISO 27001

Data Center

SSL

SSL Certified Site

128-bit encryption