Law4u - Made in India

What Is The Difference Between Old And New Tax Regimes?

Answer By law4u team

In India, the government offers two tax regimes: the old tax regime and the new tax regime. Both regimes have different tax slabs, exemptions, and deductions, allowing taxpayers to choose the one that best suits their financial situation. The new tax regime, introduced in the 2020-21 financial year, offers lower tax rates but eliminates most exemptions and deductions, while the old tax regime allows the use of various exemptions and deductions but has higher tax rates.

Key Differences Between the Old and New Tax Regimes:

Criteria Old Tax Regime New Tax Regime
Tax Slabs Higher tax rates for income above ₹2.5 lakh Lower tax rates for income above ₹2.5 lakh
Exemptions and Deductions Allows various exemptions (e.g., HRA, LTA, etc.) No exemptions or deductions allowed
Popular Deductions Section 80C (PPF, LIC), 80D (Health Insurance) No deductions under Section 80C, 80D, etc.
Rebate Under Section 87A Available (up to ₹12,500 if taxable income is ₹5 lakh or less) Available (up to ₹12,500 if taxable income is ₹5 lakh or less)
Choice of Regime Can choose to switch between regimes annually Can choose to switch between regimes annually
Tax Computation Based on taxable income after applying exemptions and deductions Based on taxable income without exemptions and deductions
Availability of Deductions Taxpayers can claim deductions like HRA, 80C, 80D, etc. No deductions like HRA, 80C, 80D, etc.

Detailed Comparison:

Tax Slabs:

The old tax regime has higher tax slabs, and taxpayers can reduce their taxable income by applying various exemptions and deductions. The new tax regime offers reduced tax rates but removes most exemptions and deductions available under the old regime.

Old Tax Regime Slabs (for individuals below 60 years of age):

  • Up to ₹2.5 lakh: No tax
  • ₹2.5 lakh to ₹5 lakh: 5% of taxable income
  • ₹5 lakh to ₹10 lakh: 20% of taxable income
  • Above ₹10 lakh: 30% of taxable income

New Tax Regime Slabs (for individuals below 60 years of age):

  • Up to ₹2.5 lakh: No tax
  • ₹2.5 lakh to ₹5 lakh: 5% of taxable income
  • ₹5 lakh to ₹7.5 lakh: 10% of taxable income
  • ₹7.5 lakh to ₹10 lakh: 15% of taxable income
  • ₹10 lakh to ₹12.5 lakh: 20% of taxable income
  • ₹12.5 lakh to ₹15 lakh: 25% of taxable income
  • Above ₹15 lakh: 30% of taxable income

Exemptions and Deductions:

The old tax regime allows various exemptions and deductions such as:

  • House Rent Allowance (HRA), Leave Travel Allowance (LTA)
  • Section 80C deductions for PPF, life insurance premiums, etc.
  • Section 80D deductions for health insurance premiums
  • Home loan interest deduction (Section 24(b))
  • Interest on education loan (Section 80E)

The new tax regime does not allow the claim of these exemptions or deductions, but it offers lower tax rates in return.

Rebate Under Section 87A:

Both tax regimes offer a rebate of ₹12,500 under Section 87A for individuals whose taxable income is up to ₹5 lakh. This rebate effectively reduces the income tax liability to zero for such individuals.

Choice Between Regimes:

Taxpayers can choose either regime at the beginning of each financial year, and they can switch between the old and new regimes annually. The decision should be based on whether the individual has significant exemptions and deductions to claim under the old regime or if they prefer the lower tax rates of the new regime.

Example:

Let’s consider Mr. Ravi, a salaried individual with the following income and deductions:

  • Gross Salary: ₹8,50,000
  • HRA Exemption: ₹1,00,000
  • Section 80C Deductions: ₹1,50,000 (PPF, LIC)

Old Tax Regime:

  • Gross Income: ₹8,50,000
  • Exemptions and Deductions:
    • HRA Exemption: ₹1,00,000
    • Section 80C: ₹1,50,000
  • Taxable Income: ₹8,50,000 - ₹1,00,000 - ₹1,50,000 = ₹6,00,000
  • Tax Calculation:
    • ₹2.5 lakh to ₹5 lakh: 5% of ₹2.5 lakh = ₹12,500
    • ₹5 lakh to ₹6 lakh: 20% of ₹1 lakh = ₹20,000
  • Total Tax: ₹12,500 + ₹20,000 = ₹32,500
  • Cess (4%): ₹32,500 × 4% = ₹1,300
  • Total Tax Payable: ₹32,500 + ₹1,300 = ₹33,800

New Tax Regime:

  • Gross Income: ₹8,50,000
  • Taxable Income: ₹8,50,000 (no exemptions or deductions)
  • Tax Calculation:
    • ₹2.5 lakh to ₹5 lakh: 5% of ₹2.5 lakh = ₹12,500
    • ₹5 lakh to ₹7.5 lakh: 10% of ₹2.5 lakh = ₹25,000
    • ₹7.5 lakh to ₹8.5 lakh: 15% of ₹1 lakh = ₹15,000
  • Total Tax: ₹12,500 + ₹25,000 + ₹15,000 = ₹52,500
  • Cess (4%): ₹52,500 × 4% = ₹2,100
  • Total Tax Payable: ₹52,500 + ₹2,100 = ₹54,600

Conclusion:

The old tax regime is beneficial for those who have significant exemptions and deductions (such as HRA, 80C, 80D). The new tax regime is suitable for those who do not have many exemptions and prefer lower tax rates without the need for detailed tax planning.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Pradeep Kumar

Advocate Pradeep Kumar

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Divorce, Documentation, Domestic Violence, Family, High Court, Immigration, International Law, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, Property, Recovery, RERA, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Sonu Kushwaha

Advocate Sonu Kushwaha

R.T.I, Family, High Court, Criminal, Corporate, Civil

Get Advice
Advocate Shivam Tripathi

Advocate Shivam Tripathi

Revenue, Property, High Court, Family, Consumer Court

Get Advice
Advocate Surya Pakash Rai

Advocate Surya Pakash Rai

Civil, Criminal, Family, Divorce, Revenue, Domestic Violence, Cheque Bounce

Get Advice
Advocate Vidushi Thakran

Advocate Vidushi Thakran

Cheque Bounce, Child Custody, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Labour & Service

Get Advice
Advocate Shashi Ranjan Akhouri

Advocate Shashi Ranjan Akhouri

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Criminal, Domestic Violence, Family, Property, Succession Certificate, Divorce, Motor Accident

Get Advice
Advocate Dhanendra Srivastava

Advocate Dhanendra Srivastava

Anticipatory Bail, Cheque Bounce, Child Custody, Court Marriage, Criminal, Divorce, Documentation, GST, Family, Labour & Service, Muslim Law, R.T.I, Succession Certificate

Get Advice
Advocate Nitesh Sharma

Advocate Nitesh Sharma

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Labour & Service, Media and Entertainment, Muslim Law, NCLT, Patent, R.T.I, Recovery, RERA, Startup, Trademark & Copyright, Wills Trusts, Supreme Court, Tax, Revenue, Motor Accident, Property, Succession Certificate, Criminal

Get Advice

Taxation Law Related Questions

Discover clear and detailed answers to common questions about Taxation Law. Learn about procedures and more in straightforward language.