Every filing season the same question lands in our inbox: 'Should I file under the old tax regime or the new one?' After the Budget 2025 changes, the answer has shifted decisively for most people. This guide compares the old and new tax regimes for Assessment Year 2026-27 (Financial Year 2025-26) the way we actually run the numbers for clients — with the revised slabs, the deductions you give up, clear worked examples and the rule that tells you which one wins.
The 30-second answer
For AY 2026-27, the new tax regime is better for the large majority of taxpayers — especially anyone earning up to about ₹12.75 lakh, who pays zero tax under the new regime thanks to the enhanced Section 87A rebate. The old regime only wins if you claim very large deductions (typically ₹7 lakh or more) through a combination of HRA, home loan interest and the full 80C / 80D / NPS stack.
New tax regime slabs for AY 2026-27 (FY 2025-26)
Budget 2025 raised the basic exemption to ₹4 lakh and widened every slab. These rates apply to all individuals regardless of age:
| Income slab | Tax rate |
|---|---|
| Up to ₹4,00,000 | Nil |
| ₹4,00,001 – ₹8,00,000 | 5% |
| ₹8,00,001 – ₹12,00,000 | 10% |
| ₹12,00,001 – ₹16,00,000 | 15% |
| ₹16,00,001 – ₹20,00,000 | 20% |
| ₹20,00,001 – ₹24,00,000 | 25% |
| Above ₹24,00,000 | 30% |
Two features make the new regime hard to beat: a Section 87A rebate that makes taxable income up to ₹12,00,000 completely tax-free (rebate up to ₹60,000), and a standard deduction of ₹75,000 for salaried taxpayers — which pushes the effective tax-free salary to ₹12,75,000. A 4% health & education cess applies on top of the tax, and the surcharge for very high incomes is capped at 25% (versus 37% under the old regime).
Old tax regime slabs (unchanged)
The old regime slabs were not changed in Budget 2025. For individuals below 60:
| Income slab | Tax rate |
|---|---|
| Up to ₹2,50,000 | Nil |
| ₹2,50,001 – ₹5,00,000 | 5% |
| ₹5,00,001 – ₹10,00,000 | 20% |
| Above ₹10,00,000 | 30% |
Under the old regime the standard deduction is ₹50,000, and the Section 87A rebate makes taxable income up to ₹5,00,000 tax-free. Senior citizens (60–80) get a ₹3 lakh basic exemption and super-senior citizens (80+) get ₹5 lakh — those higher exemptions exist only in the old regime.
The real difference: deductions
Slab rates are only half the story. The reason the old regime can still win for some is that it allows dozens of deductions and exemptions the new regime removes. Here is the side-by-side:
| Deduction / benefit | Old regime | New regime |
|---|---|---|
| Standard deduction (salaried) | ₹50,000 | ₹75,000 |
| Section 80C — PF, ELSS, LIC, PPF, tuition | Up to ₹1,50,000 | Not allowed |
| Section 80D — health insurance | ₹25,000 / ₹50,000 | Not allowed |
| Section 80CCD(1B) — NPS self | ₹50,000 | Not allowed |
| Employer NPS — Section 80CCD(2) | Allowed | Allowed |
| HRA exemption | Allowed | Not allowed |
| Home loan interest (self-occupied) | Up to ₹2,00,000 | Not allowed |
| LTA, Section 80E, 80G donations | Allowed | Not allowed |
| Section 87A rebate threshold | Taxable income ≤ ₹5,00,000 | Taxable income ≤ ₹12,00,000 |
| Highest surcharge | 37% | 25% |
The break-even rule
Because the new regime gives lower rates and a huge rebate but no deductions, choosing comes down to one question: are your deductions large enough to overcome the new regime's lower rates? The practical thresholds we use:
- Income up to ₹12.75 lakh (salaried): the new regime almost always wins — your tax is zero. The old regime cannot beat zero.
- Income ₹13–24 lakh: the new regime usually wins unless your total deductions exceed roughly ₹7–8 lakh (full 80C + 80D + NPS + ₹2 lakh home loan interest + significant HRA).
- Income above ₹24 lakh: the old regime can win if you have a home loan, high HRA and max out 80C/80D/NPS — but you need deductions well above ₹8 lakh to do so.
In short: no home loan and no rent (HRA)? The new regime is almost certainly better. Big home loan plus high city rent plus full investments? Run both — the old regime may still edge ahead.
Worked examples
Illustrative comparisons for salaried taxpayers (figures include 4% cess, rounded):
| Gross salary | Deductions claimed (old) | Tax — Old regime | Tax — New regime | Winner |
|---|---|---|---|---|
| ₹10,00,000 | ₹2,00,000 | ≈ ₹54,600 | ₹0 | New |
| ₹12,75,000 | ₹3,00,000 | ≈ ₹85,800 | ₹0 | New |
| ₹18,00,000 | ₹4,50,000 | ≈ ₹2,26,200 | ≈ ₹1,50,800 | New |
| ₹30,00,000 | ₹6,00,000 | ≈ ₹5,06,000 | ≈ ₹4,75,800 | New |
| ₹30,00,000 | ₹9,00,000 | ≈ ₹4,12,000 | ≈ ₹4,75,800 | Old |
The pattern is clear: at most income levels and ordinary deduction amounts, the new regime wins. The old regime only pulls ahead at higher incomes when deductions are exceptionally large — as in the last row, where ₹9 lakh of deductions (home loan + HRA + full 80C/80D/NPS) tips it back.
How to choose and switch regimes
How you opt in or out depends on the kind of income you have:
- Salaried / no business income: you can choose freely every year, directly in your ITR. Tick the old regime in the return if it benefits you; otherwise the new regime applies by default. Tell your employer your choice at the start of the year so TDS is deducted correctly.
- Business or professional income: to use the old regime you must file Form 10-IEA before the ITR due date. Once you opt out of the new regime and back, you generally get only one more switch in your lifetime — so this needs a considered, multi-year view.
Special cases worth flagging
- Senior & super-senior citizens: the higher ₹3 lakh / ₹5 lakh basic exemptions exist only in the old regime — pensioners with modest income and 80D / 80TTB claims often still prefer it.
- NRIs: NRIs cannot claim the Section 87A rebate under either regime, which changes the maths — the new regime's lower rates usually still help, but it must be modelled per case.
- Home loan + let-out property: interest on a let-out (rented) property is deductible even in computing house-property income, but the set-off against other income is capped at ₹2 lakh — factor this in before assuming the old regime wins.
- First-time filers / freelancers: presumptive taxation under 44ADA pairs well with the new regime for most consultants who don't have big deductions.
Common mistakes
- Sticking with the old regime out of habit without re-running the numbers — many people now overpay because the 2025 new-regime rebate changed the answer.
- Forgetting that the new regime is the default — not filing Form 10-IEA when the old regime would have saved tax on business income.
- Counting deductions you can't actually substantiate (no rent receipts for HRA, no 80C proofs) — these get disallowed in scrutiny.
- Choosing based on TDS already deducted rather than the lower final liability across both regimes.
Frequently Asked Questions
Which tax regime is better for AY 2026-27?
For most taxpayers the new tax regime is better for AY 2026-27 (FY 2025-26). Income up to ₹12.75 lakh for salaried individuals is effectively tax-free under the new regime due to the ₹75,000 standard deduction and the enhanced Section 87A rebate. The old regime only wins if you claim very large deductions — typically ₹7 lakh or more from HRA, home loan interest and the full 80C/80D/NPS limits.
Is income up to ₹12 lakh really tax-free under the new regime?
Yes. Under the new regime for FY 2025-26, taxable income up to ₹12,00,000 attracts a Section 87A rebate of up to ₹60,000, reducing the tax to zero. For salaried taxpayers, the ₹75,000 standard deduction raises the tax-free ceiling to a gross salary of about ₹12,75,000. This rebate does not apply to special-rate income such as capital gains.
What are the new tax regime slabs for FY 2025-26?
Nil up to ₹4 lakh; 5% from ₹4–8 lakh; 10% from ₹8–12 lakh; 15% from ₹12–16 lakh; 20% from ₹16–20 lakh; 25% from ₹20–24 lakh; and 30% above ₹24 lakh. A 4% cess applies on the tax.
Can I switch between the old and new tax regime every year?
Salaried taxpayers and others without business income can choose the regime afresh each year while filing their ITR. Taxpayers with business or professional income must file Form 10-IEA to opt for the old regime and can switch back only once in their lifetime, so the decision should be planned across years.
Which deductions are not allowed in the new tax regime?
The new regime disallows Section 80C, 80D, 80CCD(1B) NPS (self), HRA exemption, LTA, home loan interest on a self-occupied property, and most Chapter VI-A deductions. It retains the ₹75,000 standard deduction and the employer NPS contribution under Section 80CCD(2).
Should NRIs choose the old or new tax regime?
NRIs cannot claim the Section 87A rebate under either regime, so the zero-tax-up-to-₹12-lakh benefit does not apply to them. The new regime's lower slab rates usually still help NRIs who don't have large Indian deductions, but it should be modelled case by case — speak to a CA before filing.
Is the new tax regime the default?
Yes. Since FY 2023-24 the new tax regime is the default. If you do not actively opt for the old regime, your tax is computed under the new regime automatically.
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