Last Updated on Jun 8, 2023 by Harshit Singh

When it comes to tax regimes, individuals often find themselves contemplating which tax regime to opt for – new or old. With both tax regimes having pros and cons, this article will determine which tax regime is a better choice for you. Let’s explore the new tax regime vs. old tax regime.

Old Tax Regime

In the old regime, the taxpayer had access to more than 70 exemptions and deductions, including HRA (House Rent Allowance) and LTA (Leave Travel Allowance), which decreased their taxable income and reduced their tax liabilities. Moreover, under Section 80C, a taxpayer can avail substantial deduction on taxable income of up to Rs. 1.5 lakh.

However, with the introduction of a new tax regime, a taxpayer can be presented with a choice between the old and new tax regimes, allowing them to decide which option suits their circumstances best. To select the old tax regime, a taxpayer must file Form 10IE, and the due date is 31st July 2023.


New Tax Regime

With changes in tax slabs and new concessional tax rates for taxpayers, the new tax regime is filled with much optimism for the taxpayer. However, individuals who choose the new regime can no longer claim several exemptions and deductions, including HRA, LTA, 80C, 80D, and more. The good news is that the tax rebates for individuals have been increased, and income up to Rs. 7 lakh will be tax-free.

Comparison of tax slab of old vs new

Annual IncomeOld Income Tax SlabNew Income Tax Slab
Up to Rs. 3 lakhNilNil
Rs. 3-6 lakh5%5%
Rs. 6-9 lakh20%10%
Rs. 9-12 lakh30%15%
Rs. 12-15 lakh30%20%
Rs. 15 lakh and above30%30%

Major differences between new and old tax regime

Some contrasting differences between the new and old tax regimes are – 

  1. Higher tax rebate limit: The new regime introduced a full tax rebate on income up to Rs. 7 lakh, whereas the threshold for this rebate under the old tax regime was Rs. 5 lakh. 
  2. Streamlined tax slabs: The tax exemption limit has been raised to Rs. 3 lakh. 
  3. Reduced surcharge for high net worth individuals: To provide relief to high net worth individuals, the surcharge rate on income exceeding Rs. 5 cr. has been decreased from 37% to 25%. As a result, the effective tax rate for this category of taxpayers will be reduced from 42.74% to 39%.
  4. Higher leave encashment exemption: For non-government employees, the exemption limit for leave encashment has been increased from Rs. 3 lakh to Rs. 25 lakh, marking a significant eight-fold increase. This change allows individuals to enjoy a higher exemption on the amount received upon encashing their accumulated leave.

Notable deductions under Old Tax Regime vs New Tax Regime

ParticularsOld Tax RegimeNew Tax Regime (Applicable from 1st April 2023)
Income level for rebate eligibilityRs. 5 lakhRs. 7 lakh
Standard DeductionRs. 50,000Rs. 50,000
Effective Tax-Free Salary incomeRs. 5.5 lakhRs. 7.5 lakh
Rebate u/s 87ARs. 12,500Rs. 25,000
HRA ExemptionYesNo
Leave Travel Allowance (LTA)YesNo
Other allowances including food allowance of Rs 50/meal subject to 2 meals a dayYesNo
Standard Deduction (Rs 50,000)YesYes
Entertainment Allowance and Professional TaxYesNo
Perquisites for official purposesYesYes
Interest on Home Loan u/s 24b on: Self-occupied or vacant propertyYesNo
Interest on Home Loan u/s 24b on: Let-out propertyYesYes
Deduction u/s 80C (EPF | LIC | ELSS | PPF | FD | Children’s tuition fee etc)YesNo
Employee’s (own) contribution to NPSYesNo
Employer’s contribution to NPSYesYes
Medical insurance premium – 80DYesNo
Disabled Individual – 80UYesNo
Interest on education loan – 80EYesNo
Interest on Electric vehicle loan – 80EEBYesNo
Donation to Political party/trust etc – 80GYesNo
Savings Bank Interest u/s 80TTA and 80TTBYesNo
Other Chapter VI-A deductionsYesNo
All contributions to Agniveer Corpus Fund – 80CCHYesYes
Deduction on Family Pension IncomeYesYes
Gifts upto Rs 5,000YesYes
Exemption on voluntary retirement 10(10C)YesYes
Exemption on gratuity u/s 10(10)YesYes
Exemption on Leave encashment u/s 10(10AA)YesYes
Daily AllowanceYesYes
Conveyance AllowanceYesYes
Transport Allowance for a specially-abled personYesYes

Conclusion

Both regimes have their merits and drawbacks. For example, the old regime encourages saving habits, while the new regime benefits employees with lower earnings and investments, resulting in fewer deductions and exemptions. In addition, the new regime offers simplicity and reduces the potential for tax evasion fraud. However, due to the individual variations in deductions and exemptions, it is important to compare both regimes to determine the most suitable option for yourself.

FAQs

Which tax regime is better for an individual with a salary of Rs. 7 lakh?

The only consolation in the new tax regime is that the tax exemptions have been extended to Rs. 3.5 lakh is greater than the old income tax regime; in this case, you should consider professional advice to conclude which tax regime is better for you. 

How can I still apply for the old income tax regime? 

By filling the Form 10IE during ITR submission, you can get tax exemptions on the old income tax slab.
Harshit Singh
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