Section 115BAC of Income Tax Act - New Tax Regime Deductions Allowed, Exemption List and Benefits
Section 115BAC of Income Tax Act - New Tax Regime Deductions Allowed, Exemption List and Benefits
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The Budget 2020 introduces a new regime under Section 115BAC giving individuals and HUF taxpayers an option to pay income tax at lower
rates with fewer exemptions and deductions to claim. Keep reading to learn more about Section 115BAC of the Income-tax Act, 1961.
Section 115BAC - the new tax regime system came into force from FY 2020-21 (AY 2021-22). The new tax regime introduced concessional tax
rates with reduced deductions and exemptions. Section 115BAC was amended in the Budget 2023, and the new regime was made the
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default regime from FY 2023-24. This Section was further amended with revised tax rates in Budget 2024. If an individual or HUF wants to
opt for the old tax regime, then he must file Form 10-IEA before the due date of filing ITR.
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In Budget 2024, the income tax slabs under the new tax regime have been revised. The new tax slabs under the new tax regime for FY 2024-
25 (AY 2025-26) are shown in the table below, whereas under the old tax regime, the income tax slabs and rates remain unchanged.
3,00,001 - 7,00,000 5%
Note: The following additional benefits have been extended to the taxpayers who opt for new regime for FY 2024-25 (AY
2025-26):
Limit of Standard Deduction against salaried income has been increased from Rs. 50,000 to Rs. 75,000.
Limit of maximum Deduction under Family Pension has been increased from Rs. 15,000 to Rs. 25,000.
The deduction on employers contribution to pension Scheme as per Section 80CCD (2) has been increased from 10% of
salary to the 14% of salary.
The tax rates under the new tax regime and the old tax regime for FY 2022-23 (AY 2023-24), FY 2023-24(AY 2024-25) and FY 2024-25(AY
Income Slabs Age < 60 years & NRIs Age of 60 Years to 80 years Age above 80 Years FY 2022-23 FY 2023-24 FY 2024-25
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The new tax regime does not allow 70+ deductions and exemptions (discussed in para 4).
The tax payable under both the new and the old regimes without claiming deductions and exemptions for FY 2023-24 (AY 2024-25) is as
below:
Annual income* Tax under the old regime (Rs) (A) Tax under the new regime (Rs) (B) Tax savings under the new regime (Rs) (A - B)
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*Assumed that the annual income is after considering the standard deduction under both old and new regimes.
The above table shows that the new tax regime generally saves taxes for taxpayers who don’t claim any deductions or exemptions.
Section 115BAC of Income Tax Act l New Tax Regime I Conditions for New Income Tax Slab Rates
The Eligibility Criteria for the New Tax Regime on Section 115BAC
For the assessment year 2024-25, individuals and Hindu Undivided Families (HUFs) have to pay the taxes under the new tax regimes unless
they choose to opt in for the old regime while filing the return of income before the due date. Under the new tax regime, the total income
The following deductions or exemptions are not available under the new regime:
All deductions under Chapter VI-A, except those specified in section 80CCD/80JJAA.
The calculation is performed without offsetting any losses from previous assessment years resulting from the above deductions or
The calculation does not consider any deductions or exemptions related to perquisites or allowances.
The calculation is performed without claiming any additional depreciation as per clause (iia) of Section 32.
Exemptions and Deductions Not Claimable under the New Tax Regime
The following are some of the major deductions and exemptions you cannot claim under the new tax regime:
Allowances to MPs/MLAs
Helper allowance
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Various deductions for donation for or expenditure on scientific research contained in section 35(2AA) or 35(1)(ii) or (iia) or (iii)
Interest on housing loan on the self-occupied property or vacant property (Section 24)
Chapter VI-A deduction (Section 80C, 80D, 80E and so on, except Section 80CCD(2) and Section 80JJAA)
Exemption or deduction for any other perquisites or allowances including food allowance of Rs 50/meal subject to 2 meals a day
What are the Exemptions and Deductions Available Under the New Regime?
Under the New tax regime, you can claim tax exemption for the following:
Conveyance allowance received to meet the conveyance expenditure incurred as part of the employment.
Daily allowance received to meet the ordinary regular charges or expenditure you incur on account of absence from his regular place
of duty.
Exemption on voluntary retirement 10(10C), gratuity u/s 10(10) and Leave encashment u/s 10(10AA)
Gifts up to Rs 50,000
Budget 2023 introduced a standard deduction of Rs 50,000 under New Tax Regime applicable from FY 2023-24. This has been
Budget 2023 also introduced deduction under Section 57(iia) of family pension income
Budget 2023 further introduced deduction of amount paid or deposited in the Agniveer Corpus Fund under Section 80CCH(2)
In Budget 2024 Limit of maximum Deduction under Family Pension has been increased from Rs. 15,000 to Rs. 25,000.
The deduction on employers contribution to pension Scheme as per Section 80CCD (2) has been increased from 10% of salary to the
Here's a detailed list of exemptions and deductions available under the Old vs New Regime.
Comparison of Deductions: Old Tax Regime vs. New Tax Regime for FY 2024-25
The below table outlines the key differences in available deductions between the Old Tax Regime and the New Tax Regime (Section 115BAC)
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Can I Choose Between the New Tax Regime and the Existing Regime?
A salaried taxpayer can choose to opt for the old regime, as the new regime is default now, at the beginning of FY 2023-24 and intimate
their employer. The employee cannot change their choice anytime during the financial year. However, they can change their choice when
filing the income tax return in July 2024. The same is applicable for FY 2024-25 also.
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The due date for tax filing for the FY 2023-24 (AY 2024-25) is 31st July 2024, unless extended. If you have not filed your return within 31st
July, you have until 31st December, 2024 to summit your Belated Return.
In case an employee does not choose the old tax regime at the beginning of the financial year, the employer will deduct tax (TDS) under the
default tax regime i.e. the new tax regime. A salaried taxpayer can choose the new tax regime in one year and choose the regular tax
A non-salaried taxpayer has to choose the new regime when filing the tax return. They need not declare or intimate their choice to anyone
during the year. However, a non-salaried taxpayer (taxpayers with an income from business or profession) cannot opt-in and opt-out of the
new tax regime every year. Once a non-salaried opts out of the new tax regime, they cannot opt-in again for the new tax regime in the
future.
From a tax planning perspective, choosing the tax regime at the beginning of the financial year is essential. A taxpayer must compare the
income tax under the new tax regime with the old regime. Once the taxpayer chooses the tax regime at the beginning of the year, the
investments and TDS or advance tax payable calculations are made accordingly. Also, the taxpayer has to furnish Form 10IEA to the income
tax department before filing the return if the taxpayer intends to opt for the old tax regime.
Example 1: Where the new regime is better in respect of tax outflow (FY 2023-24)
In the above example, for an income of Rs 12,50,000, the new tax regime is significantly beneficial by Rs 38,251. However, if you claim further
deductions for interest on housing loan for SOP, health insurance, investment in NPS, education loans and so on, the old regime will be
Example 2: Where the old regime is better in respect of tax outflow (FY 2023-24)
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In Example 2, for an income of Rs 10 lakh having HRA exemption and 80D deduction, the old tax regime is beneficial by Rs 4,659.
If an individual claims lower deductions for tax savings towards health insurance, investment in NPS and so on, the new regime will be more
Also, individuals with an income bracket between Rs 5-15 lakh with lower deductions claims will benefit from the new regime. In contrast,
individuals can benefit more from the old regime by making tax-saving investments.
It is important to note that each taxpayer should calculate income tax, consider their tax-saving investments and then choose the regime.
Refer to this page for a detailed comparison between the old tax regime and the new tax regime.
In the case of a self-occupied property, you cannot claim a deduction on interest for a housing loan under the new tax regime. The
deduction of Rs 2 lakh allowed in the existing system is not available in the new tax regime. Also, you cannot set off the loss of Rs 2 lakh from
If you have let out house property, you can claim a deduction for interest paid on the housing loan. Note that the new tax regime restricts
the deduction to the taxable rent received from the property against the old regime. In the new regime, you cannot set off the loss arising
from the house property due to excess interest paid over the rental income with any other head of income. Also, you cannot carry forward
the loss from house property to future years for set off.
Deductions Not Allowed Against Business Income Under the New Regime
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In the case of a business income, an individual or HUF cannot claim set-off of the brought forward business loss or unabsorbed
depreciation.
The deductions are not available under the new regime to the extent they relate to deductions/exemptions withdrawn.
Conclusion
Based on the provided information, it is evident that the current tax regime offers advantages for the specified income level. If an individual
chooses to claim fewer deductions for tax savings, such as investments in NPS or health insurance, the new regime becomes more
It is important to consider that individuals with an income ranging from Rs.5 lakh to Rs.10 lakh, who opt for lower deductions, will benefit
from the new regime. Conversely, individuals falling into higher income tax brackets, earning more than Rs.15 lakh annually, can benefit from
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