Taxation

Old Tax Regime

The old income tax regime in India offers higher slab rates but allows over 70 deductions and exemptions including HRA, LTA, Section 80C, 80D, and home loan interest.

Tax forms and pen — old income tax regime India
Tax forms and pen — old income tax regime India

The old tax regime is the long-standing income tax structure in India that combines higher slab rates with a wide range of deductions and exemptions. Before the introduction of Section 115BAC in Budget 2020 (effective FY 2020-21), this was the only regime available to individual taxpayers. From AY 2024-25 (FY 2023-24) onwards the new tax regime is the default, and a salaried taxpayer wishing to continue with the old regime must explicitly opt in. Despite no longer being the default, the old regime still produces a lower tax liability for many salaried Indians — particularly those with high rent in metro cities, home loans, and structured tax-saving investments. See the TDS on salary in India guide for the monthly deduction mechanics.

Slab Rates FY 2025-26 (AY 2026-27)

The old regime slabs are unchanged for FY 2025-26:

Income Slab (₹)Tax Rate
0 — 2,50,000Nil
2,50,001 — 5,00,0005%
5,00,001 — 10,00,00020%
Above 10,00,00030%

In addition:

  • Health and Education Cess: 4% on the income tax + surcharge
  • Surcharge: 10% (income above ₹50 lakh), 15% (above ₹1 crore), 25% (above ₹2 crore), 37% (above ₹5 crore — capped at 25% from FY 2023-24 if non-business income)
  • Section 87A rebate: Full rebate if total income is up to ₹5,00,000 (effectively no tax)

For senior citizens (60-79 years) the basic exemption is ₹3,00,000; for super-senior citizens (80+) it is ₹5,00,000. These higher slabs are not available under the new regime.

Available Deductions and Exemptions

The old regime is attractive precisely because it allows the following — most of which are disallowed under the new regime:

SectionDeduction / ExemptionLimit
10(13A) + Rule 2AHRA exemptionLeast of three formula
10(5) + Rule 2BLeave Travel Allowance (LTA)Twice in 4-year block
16(ia)Standard Deduction₹50,000
16(iii)Professional TaxUp to ₹2,500
24(b)Home loan interest (self-occupied)₹2,00,000
24(b)Home loan interest (let-out)No limit, but loss capped at ₹2L
80C / 80CCC / 80CCD(1)EPF, PPF, ELSS, insurance, tuition, NSC, etc.Combined ₹1,50,000
80CCD(1B)Additional NPS Tier I₹50,000
80CCD(2)Employer NPS contribution10% of basic + DA
80DHealth insurance premium₹25,000 / ₹50,000 + parents bucket
80EEducation loan interestNo limit, 8 years
80EE / 80EEAAdditional home loan interest₹50,000 / ₹1,50,000
80GDonations50% / 100%, varies
80GGRent paid (if no HRA)Lower formula
80TTA / 80TTBSavings bank / senior FD interest₹10,000 / ₹50,000
80U / 80DDDisability deductions₹75,000 / ₹1,25,000

When fully utilised, an old-regime taxpayer can shield ₹4-6 lakh of gross salary from tax through HRA + Standard Deduction + 80C + 80D + 80CCD(1B) + home-loan interest alone.

When the Old Regime Wins

The old regime usually produces a lower tax bill for employees who tick most of the following:

  • Live in rented accommodation in a metro city (Mumbai, Delhi, Kolkata, Chennai) and receive significant HRA
  • Pay home loan EMI (interest deductible up to ₹2 lakh + principal under 80C)
  • Fully use Section 80C through EPF, PPF, ELSS or insurance
  • Pay health insurance premiums for self and senior parents
  • Contribute ₹50,000 to NPS Tier I for the additional 80CCD(1B) deduction
  • Have working spouse / dependents whose insurance also qualifies

For employees without these deductions — typically junior, single, no home loan, no significant 80C — the new regime’s lower slab rates usually win.

Worked Example — ₹15 Lakh Gross Salary

Consider an employee with ₹15,00,000 gross annual salary, paying ₹50,000 monthly rent in Mumbai with basic salary ₹6,00,000, ₹2,40,000 HRA, full 80C utilised, ₹25,000 health insurance.

Old Regime computation:

ComponentAmount (₹)
Gross salary15,00,000
Less: HRA exemption (least of three)2,40,000
Less: Standard Deduction50,000
Less: Professional Tax2,500
Less: Section 80C1,50,000
Less: Section 80D25,000
Less: 80CCD(1B) NPS50,000
Taxable Income9,82,500
Tax (Old Regime slabs)1,09,000
Cess @ 4%4,360
Total tax1,13,360

New Regime computation (same gross):

ComponentAmount (₹)
Gross salary15,00,000
Less: Standard Deduction (new)75,000
Taxable Income14,25,000
Tax (New Regime slabs)1,40,000
Cess @ 4%5,600
Total tax1,45,600

In this case the old regime saves about ₹32,000 per year. The breakeven point shifts as rent, 80C usage and salary level change.

How to Opt In

For FY 2025-26 (AY 2026-27), the new regime is the default. To use the old regime:

  • Salaried (no business income): Indicate the choice to your employer at the start of the year (Form 12BB) so monthly TDS uses old-regime computation. You can confirm or change the choice when filing your ITR by selecting old regime in the ITR form itself — no separate Form 10-IEA needed.
  • Business / professional income: File Form 10-IEA before the due date of ITR (typically 31 July) to opt for the old regime. This form is mandatory for non-salaried taxpayers.

Switching Between Regimes

  • Salaried (no business income): Can switch every year. Choose new in FY25-26, switch back to old in FY26-27 — both are allowed.
  • Business or professional income: Can switch back to old regime only once in a lifetime. Once you move to new and then opt out, you cannot return to old until business income ceases.

How Omnivoo Helps

Omnivoo runs both old- and new-regime simulations for every employee at the start of the year and surfaces the lower-tax choice with a one-click confirmation. The platform then applies the chosen regime to monthly TDS, recomputes whenever investment declarations change, and produces a Form 16 that matches the regime selected — so neither the employee nor the finance team has to track regime mechanics manually.

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