The most beneficial regime highly depends on the nature of the income structure and deduction levels of the assessee. While the old regime offers a variety of deductions, the new regime tax slabs are relaxed with limited deductions.
Old and New Tax Regime - Key Highlights
Particulars Old Tax Regime New Tax Regime Applicability Optional Regime Default Regime Basic Exemption Limit Rs. 2.5 lakhs Rs. 4 lakhs Maximum tax rate 30% (exceeding Rs. 10 lakhs) 30% (exceeding Rs. 24 lakhs) Rebate Rs. 12,500 Rs. 60,000 Standard Deduction Rs. 50,000 Rs. 75,000 Tax-free Income Rs. 5 lakh Rs. 12 lakh
The income tax slab rates under the new tax regime applicable for FY 2025-2026 are as follows:
| Income Tax Slabs | Income Tax Rates |
| Up-to Rs. 4 lakhs | NIL |
| Rs. 4 lakhs - Rs. 8 lakhs | 5% |
| Rs. 8 lakhs- Rs. 12 lakhs | 10% |
| Rs. 12 lakhs - Rs. 16 lakhs | 15% |
| Rs. 16 lakhs - Rs. 20 lakhs | 20% |
| Rs. 20 lakhs - Rs. 24 lakhs | 25% |
| Above Rs. 24 lakhs | 30% |
| Income Tax Slabs | Income Tax Rates |
| Up to Rs. 2.5 Lakhs | Nil |
| Rs. 2.5 Lakhs to Rs. 5 Lakhs | 5% |
| Rs. 5 Lakhs to Rs. 10 Lakhs | 20% |
| Above Rs. 10 Lakhs | 30% |
The following are the popular deductions and exemptions available under the old and the new tax regimes.
While the rebate is available under both the regimes, the new tax regime enjoys ₹60,000 rebate, allowing income up to ₹12 lakhs to be effectively tax free, as compared to ₹12,500 under the old regime. Up to ₹5 lakh income can be tax-free due to rebate under section 87A under the old regime.
| Particulars | Old Tax Regime | New Tax Regime |
| Tax Rebate | Rs. 12,500 | Rs. 60,000 |
| Tax-free Income | Rs. 5 lakh | Rs. 12 lakh |
Standard deduction is available against salary income, without any conditions specified. The standard deductions are as follows:
Old Tax Regime: Rs. 50,000
New Tax Regime: Rs. 75,000
The new tax regime offers a significantly higher standard deduction.
If you are a salaried employee, and receive HRA as a part of your package, you are eligible to claim HRA under the old regime on satisfaction of certain conditions prescribed. HRA is not available under the new tax regime.
| Basis of Differentiation | Old Tax Regime | New Tax Regime |
| House Rent Allowance | Allowed | Not available |
| House Rent deduction u/s 80GG | Allowed | Not available |
While the home loan interest due for the financial year for a let-out property is deductible against the entire house property income irrespective of regime chosen, self-occupied property’s home loan interest can be claimed only under the old tax regime, up to a ceiling limit of ₹2 lakhs.
| Home Loan Interest | Old Tax Regime | New Tax Regime |
| Self Occupied Property | Up to Rs. 2 lakh | Not Allowed |
| Let Out Property | Allowed | Allowed |
| Basis of Differentiation | Old Tax Regime | New Tax Regime |
| Investment deductions u/s 80C | Up to Rs. 1.5 lakhs can be claimed as a deduction. | Not Allowed |
| Popular investments are life insurance policy, ELSS, 5 years fixed deposits, etc. | ||
| Employer's Contribution to National Pension System (NPS) - Section 80CCD(2) | Up to 10% of basic pay allowed | Up to 14% of basic pay allowed |
| Employee's contribution to Pension Fund (NPS) - Section 80CCD(1) | Allowed up to Rs. 1.5 lakh limit | Not Allowed |
| Medical insurance premium under section 80D | Up to Rs. 25,000 for self and family. | Not Allowed |
| Up to Rs. 25,000 for senior citizens. | ||
| Up to Rs. 50,000 for senior citizens | ||
| Education loan deduction under section 80E | Allowed entirely | Not Allowed |
| Section 80U - Disability | Up to Rs. 1.25 lakhs deduction available | Not Allowed |
| Donations to charitable institutions under section 80G | Allowed | Not Allowed |
| Donations to political parties u/s 80GGC | Allowed entirely | Not Allowed |
| All contributions to Agniveer Corpus Fund - 80CCH | Allowed | Allowed |
Exemption on retirement benefits can be claimed irrespective of the regime chosen, on satisfaction of certain conditions.
| Basis of Differentiation | Old Tax Regime | New Tax Regime |
| Exemption on voluntary retirement 10(10C) | Allowed | Allowed |
| Exemption on gratuity u/s 10(10) | Allowed | Allowed |
| Exemption on Leave encashment u/s 10(10AA) | Allowed | Allowed |
Apart from the deductions as explained above, the following are the miscellaneous exemptions and deductions available under the old and new regime.
| Basis of Differentiation | Old Tax Regime | New Tax Regime |
| Leave Travel Allowance (LTA) | Allowed within the limits prescribed | Not available |
| Food allowance | Allowed Rs. 100 per day. | Not available |
| Entertainment Allowance and Professional Tax | Allowed | Not available |
| Perquisites for official purposes | Allowed | Allowed |
| Deduction on Family Pension Income | Max deduction of Rs. 15,000 | Max deduction of Rs. 25,000 |
| Gifts received up to Rs 50,000 | Allowed | Allowed |
| Daily Allowance | Allowed | Allowed |
| Conveyance Allowance | Allowed | Allowed |
| Transport Allowance for a specially-abled person | Allowed | Allowed |
While the old regime can be more beneficial for taxpayers with numerous deductions, new regime often benefits those with limited tax planning strategies and deductions eligibility.
Example-1
Mr. A, has a salary income of Rs. 10 lakhs.
Section 80C for Rs.1 lakhs and
Medical insurance premium Rs. 30,000
The computation of taxable income and total tax payable under both the regimes is tabulated below:
| Particulars | New Regime | Old Regime |
| Salary | 10,00,000 | 10,00,000 |
| Less Standard Deduction: | 75,000 | 50,000 |
| Gross Total income | 9,25,000 | 9,50,000 |
| Deductions: | Nil | 1,00,000 |
| Section 80C | ||
| Section 80D: Insurance Premium | Nil | 25,000 |
| Taxable Income | 9,25,000 | 8,25,000 |
| Tax on Total Income | - | 77,500 |
| Cess | 3,100 | |
| Total tax payable including Cess | - | 80,600 |
New regime proved to be beneficial, wholly attributable to increased rebate.
Example-2
Mr. A, has a salary income of Rs. 20 lakhs. He has investment deductions as follows:
Investment deductions under section 80C - Rs.1 lakh
Medical insurance premium paid of Rs. 30,000 for his self and family.
Interest on home loan (self occupied property) - Rs. 2,00,000
Donation to political party - Rs. 2,75,000
The computation of taxable income and total tax payable under both the regimes is as below:
| Particulars | New Regime | Old Regime |
| Salary | 20,00,000 | 20,00,000 |
| Less Standard Deduction: | 75,000 | 50,000 |
| Loss under House Property | Nil | 2,00,000 |
| Gross Total income | 19,25,000 | 17,50,000 |
| Deductions: | Nil | 1,00,000 |
| Section 80C | ||
| Section 80D: Insurance Premium | Nil | 25,000 |
| Donation to political party | Nil | 2,75,000 |
| Taxable Income | 19,25,000 | 13,50,000 |
| Tax on Total Income | 1,85,000 | 2,17,500 |
| Cess | 7,400 | 8,700 |
| Total tax payable including Cess | 1,92,400 | 2,26,200 |
In the current example, the new tax regime proved to be more beneficial in spite of high tax saving deductions, because of the relaxed slab rates.
The Learning: Only a lot of tax saving deductions would make the old regime more beneficial
The following table shows the deduction level at which the tax outflow is the same under both the old and the new regime. Taxpayers having more deductions than the break-even level can file their returns under the old regime as it would be more beneficial.
| Gross Income | Deduction Limit |
| Up to Rs. 12 lakhs | - |
| Rs. 13 lakhs | 6,87,500 |
| Rs. 14 lakhs | 5,18,750 |
| Rs. 15 lakhs | 5,43,750 |
| Rs. 16 lakhs | 5,68,750 |
| Rs. 17 lakhs | 6,08,330 |
| Rs. 18 lakhs | 6,41,670 |
| Rs. 19 lakhs | 6,75,000 |
| Rs. 20 lakhs | 7,08,330 |
| Rs. 22 lakhs | 7,54,170 |
| Rs. 24 lakhs | 7,87,500 |
| Rs. 25 lakhs | 8,00,000 |
Note:
Capital gain tax rates are mostly similar irrespective of the regime chosen. The rates differ depending on the duration of holding, listing status of the shares, level of exposure to equity and so on. However, there are investments specified under section 80C of the act, eligible for deductions only under the old tax regime.
In most cases, non-residents are also eligible for deductions, similar to residents. Except for a few niche cases like section 80TTB, taxation of income like salary, interest, capital gains on indian securities, are similar for both resident and non-residents.