When it comes to filing income tax returns, choosing the right form is essential. If you have not done so, the IT department can reject your return and even charge a penalty for missing the deadline. In this regard, individual taxpayers usually have confusion when it comes to choosing between ITR 1 and ITR 2.
ITR 1 can be filed for Long Term Capital Gain Income u/s 112A, not exceeding Rs.1.25 lakh. Also, the taxpayer should not have carry forward of any losses under the head.
Both income tax return forms cover almost the same income categories but have subtle differences that set them apart. So, if you are planning to file your IT returns, give this article a read. You will gain a clear understanding of the difference between ITR 1 and 2, their applicability, and more.
What is ITR 1 and Its Applicability?
Salaried resident individuals having a maximum income of Rs 50 lakh within a financial year need to choose the ITR 1 form while filing their returns. Here are the criteria that determine their applicability:
The income source should be the following
Salary or Pension,
One house property,
Agricultural Income within Rs.5,000,
LTCG u/s 112A not exceeding Rs.1.25 lakh (or),
Other Sources (excluding activities like horse racing, gambling, lotteries, and more). Eg., SB interest, FD interest, etc.,
The person should not own any property outside India.
He/she should not receive revenue from other countries.
Taxpayers are not eligible to file ITR 1 in the following cases:
Taxpayer with residential status - Non-Resident and Resident but not ordinarily Resident.
Has total income exceeding Rs 50 lakhs
If the individual’s Income comes from more than one property.
If the individual earns income via a profession or business.
If the taxpayer receives Income from Other Sources (which includes activities like lotteries, gambling, horse racing, card games, etc.).
If the person has incurred losses under Income from Other Sources.
If the person has capital gains (He can still file ITR-1 if his capital gains under section 112A do not exceed ₹1.25 lakhs and he has no other capital gains income).
If agricultural income is more than Rs 5,000.
Has invested in unlisted equity shares.
Is a director in a company.
Has deferred income tax on ESOP received from the employer being an eligible start-up.
What is ITR 2 and Its Applicability?
ITR 2 is applicable for salaried resident individuals, Hindu Undivided Families (HUFs) and Non-Resident within a financial year. Applicants have to choose ITR 2 in case of the following:
Taxpayers not eligible to File ITR-1
If they have income from the following sources:
Salary/pension.
More than one house property.
Capital gains (He can still file ITR-1 if his capital gains under section 112A do not exceed ₹1.25 lakhs and he has no other capital gains income)
Other Sources (including horse racing, card games, lotteries, gambling, etc.).
In case the individual has brought forward losses from the previous financial year.
If the individual has an agricultural income of more than Rs 5,000 within a financial year.
Taxable income exceeding Rs 50 lakhs
In case the individual has property or assets abroad.
Taxpayers who have foreign income or income from outside India.
Taxpayers who want to claim DTAA benefits or Relief u/s 90/91.
Has invested in unlisted equity shares.
Is a director in a company.
Has deferred income tax on ESOP received from an employer being an eligible start-up.
An individual who is not eligible to file ITR 2 under the following circumstances:
Taxpayers (Individual or HUF) having income from Business or profession are not eligible to file ITR.
Companies, Firms, and trusts are not eligible to file ITR 2 or ITR 1.
Difference Between ITR 1 and ITR 2
Here are the key differences between ITR 1 and ITR 2:
Particulars
ITR 1
ITR 2
Applicant type
Resident Individual
Individuals (resident or non-resident) and HUFs
Total Income
Up to Rs 50 lakh
More than Rs 50 lakh
Capital Gains Income
Under section 112A which does not exceed Rs 1.25 lakh, and does not have any carry forward of losses under the head
All Capital Gains Income and losses
Income from Other Sources
Excluding activities like horse racing, gambling, lotteries, etc.
Including activities like lotteries, gambling, horse racing, card games, etc.
Agriculture Income
Up to Rs 5,000
More than Rs 5,000
Income from Property
Up to 1 house
More than 1 house
Final Word
So, the next time you get ready to file your income tax returns, check out which form you must submit. Additionally, consider collecting all your income proofs in one place before starting the return filing process. Doing so will enable you to complete the entire process without facing any hassles.
Frequently Asked Questions
I am a taxpayer having income from Salary.I am also a director in an inactive company ? Which ITR am i supposed to file
Since you are a director in a company, you are supposed to file ITR 2.
I have Salary income exceeding Rs 50 lakhs and interest income only. Is ITR 1 sufficient for me?
No , You will have to file ITR 2 since your total income exceeds Rs 50 lakhs.
I am a non-resident in India. My only source of Income from India is Interest from the Bank. Which ITR should I file?
Since your residential status is Non-resident, you will have to file ITR 2.
I am a salaried individual , along with this I also have business income. Which ITR is applicable for me ?
Since you have income from business , Neither ITR 1 or ITR 2 is applicable for you. You have to file form ITR-3.
I am a salaried Individual having income less than 50 lakhs. Is it mandatory I have to file ITR 1 or can I file ITR 2 also ?
Any taxpayer who is eligible to file ITR 1 is also eligible to file ITR 2. However it is recommended to continue filing under ITR 1 since ITR 1 is much more simpler and easier to fill. In ITR 2 is more complex and recommended to fill the same only if it is a necessity by law.
What happens if I file ITR 2 instead of ITR 1?
You can file ITR 2 instead of ITR 1. Since anyone who is eligible to file ITR 1 can also file ITR 2. However ITR 2 filing might be more time consuming and will take more time for processing.
Can I change ITR 2 to ITR 1?
If your source of income from Salary less than Rs 50 lakhs , Interest income and one house property then you can file ITR 1 subject to above conditions.
What is the penalty for late filing of ITR?
If your total income is between Rs 2.5 lakhs to Rs 5 lakhs then you will face a penalty of Rs 1000 and if your total income exceeds Rs 5 lakhs then penalty of Rs 5000 will be levied for filing ITR after 31st July 2025.
Can I file ITR-2 if I have capital gains?
Yes, If you have capital gains and income from salary, you will have to file ITR-2.
Can I file ITR 1 if I have Capital Gains Income?
If you have only Long Term Cpaital Gain income under section 112A, not exceeding Rs.1.25 lakh, you can still file under ITR1, provided you do not have any carry forward of capital losses from previous years.
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