IN BRIEF

The old versus new regime choice is the decision, for FY 2025-26 under Section 115BAC of the Income-tax Act, 1961, between lower slab rates with most deductions given up and higher slab rates with deductions such as Section 80C, 80D and HRA retained, settled by comparing tax on the taxpayer's real figures.

Short answer first. For FY 2025-26, if your salary is up to ₹12.75 lakh, the new regime charges you nothing, and no pile of deductions in the old regime can beat zero. Above that line, the answer turns on one number: how much you genuinely claim in deductions and exemptions beyond the standard deduction. This guide gives you the slabs, the rebate mechanics and the exact breakeven points at ₹18 lakh and ₹30 lakh, so you can settle it with your own figures instead of advice shouted across the office.

Both regimes tax the same income. They differ in the route. The new regime under Section 115BAC of the Income-tax Act, 1961, as recast by the Finance Act, 2025, charges lower slab rates and asks you to give up most deductions. The old regime keeps the higher slab rates and lets you claim Section 80C, 80D, HRA, home-loan interest and the rest. The new regime is the default. If you do nothing, that is the regime your return will use.

The two slab tables for FY 2025-26

New regime, Section 115BAC:

Total incomeRate
Up to ₹4,00,000Nil
₹4,00,001 to ₹8,00,0005%
₹8,00,001 to ₹12,00,00010%
₹12,00,001 to ₹16,00,00015%
₹16,00,001 to ₹20,00,00020%
₹20,00,001 to ₹24,00,00025%
Above ₹24,00,00030%

Old regime, for a resident individual below 60:

Total incomeRate
Up to ₹2,50,000Nil
₹2,50,001 to ₹5,00,0005%
₹5,00,001 to ₹10,00,00020%
Above ₹10,00,00030%

Senior citizens get a higher basic exemption in the old regime: ₹3,00,000 between 60 and 80, and ₹5,00,000 above 80. The new regime gives everyone the same ₹4,00,000 starting band, whatever their age. A 4% health and education cess sits on top of the tax in both regimes, after any rebate. Keep that order in mind. Rebate first, cess after.

The standard deduction on salary and pension is ₹75,000 in the new regime and ₹50,000 in the old. That ₹25,000 gap is small. The rebate gap is not.

Why ₹12.75 lakh of salary pays no tax in the new regime

Section 87A is doing the heavy lifting. In the new regime, a resident individual whose total income does not exceed ₹12,00,000 gets a rebate of up to ₹60,000 against the tax. Run the slabs on ₹12,00,000 and the tax is exactly ₹60,000: ₹20,000 on the ₹4–8 lakh band at 5%, and ₹40,000 on the ₹8–12 lakh band at 10%. The rebate wipes it out. Tax: nil. Cess on nil: nil.

A salaried person reaches that ₹12,00,000 of total income from a gross salary of ₹12,75,000, because the ₹75,000 standard deduction comes off first. So the headline is right, with one condition people miss. The ₹12.75 lakh figure is a salary figure. Rent, interest or freelance income gets no standard deduction, so for mixed income the tax-free ceiling is ₹12,00,000 of total income, not ₹12.75 lakh of earnings.

Two limits on the rebate deserve a line each. It belongs to resident individuals; an NRI cannot claim it. And it does not touch income taxed at special rates, such as short-term and long-term capital gains under Sections 111A, 112 and 112A. A salary of ₹11 lakh plus a large equity gain is not a zero-tax return.

In the old regime the same Section 87A is far smaller: a rebate of up to ₹12,500, only where total income stays within ₹5,00,000.

Just above ₹12 lakh: marginal relief, in plain figures

Cross ₹12,00,000 by one rupee and the rebate, read literally, disappears. Parliament saw the absurdity and wrote in marginal relief: just above the line, your tax cannot exceed the amount by which your income crosses it.

Take a total income of ₹12,10,000. The slab tax is ₹61,500 — the ₹60,000 up to ₹12 lakh, plus 15% on the extra ₹10,000. Marginal relief caps the tax at ₹10,000, the excess itself. Add 4% cess and you pay ₹10,400, not ₹63,960. The relief fades out once the slab tax and the excess meet, at a total income of roughly ₹12.71 lakh. Above that, the normal slabs simply run.

The old regime has no such cushion. At ₹5,00,001 of total income the ₹12,500 rebate is gone in full. Small cliff, real money if your income sits on it.

Three worked cases, with the workings shown

Case 1: salary ₹9,00,000. New regime: total income is ₹8,25,000 after the standard deduction. Slab tax is ₹22,500, and the Section 87A rebate removes all of it, because total income is under ₹12 lakh. You pay nothing. Old regime, even with the full ₹1,50,000 of Section 80C used: total income is ₹7,00,000, slab tax is ₹52,500, no rebate applies above ₹5 lakh, and cess takes the bill to ₹54,600. At this income the old regime cannot win. There is not enough tax left to save.

Case 2: salary ₹18,00,000, deductions of ₹4,00,000. Say you claim ₹1,50,000 under 80C, ₹50,000 of NPS under 80CCD(1B), ₹25,000 of health premium under 80D and ₹1,75,000 of HRA — ₹4,00,000 in all, a fairly full basket. New regime: total income ₹17,25,000, tax ₹1,45,000, and ₹1,50,800 with cess. Old regime: total income ₹13,50,000 (₹18 lakh, less ₹50,000 standard deduction, less your ₹4,00,000), tax ₹2,17,500, and ₹2,26,200 with cess. The new regime wins by ₹75,400. A full basket was not enough.

Case 3: salary ₹30,00,000, deductions of ₹10,00,000. This is the profile the old regime was built for: a large HRA in a metro, ₹2,00,000 of home-loan interest on a let-out or self-occupied property within its limits, full 80C, NPS, 80D for self and parents. New regime: total income ₹29,25,000, tax ₹4,57,500, and ₹4,75,800 with cess. Old regime: total income ₹19,50,000, tax ₹3,97,500, and ₹4,13,400 with cess. The old regime wins by ₹62,400.

The breakeven rule you can reuse

The pattern behind the cases is simple. Deductions in the old regime save tax at your top slab rate, mostly 30% once you cross ₹10 lakh of total income. The new regime hands you lower rates on every band and a ₹25,000 bigger standard deduction, but values your deductions at zero. So the question is always the same: does 30% (roughly) of your genuine deductions beat the new regime's built-in advantage at your income?

Think of it as two shopkeepers weighing the same sack on different scales. One scale starts lighter but charges more per kilo as the sack grows; the other starts heavier and charges less. Deductions are weight you take out of the sack before weighing — they only change the result on the scale that charges more per kilo.

From the workings above, the breakeven deduction — the amount beyond the standard deduction at which the two regimes tie — is about ₹6.4 lakh at a salary of ₹18 lakh, and exactly ₹8,00,000 at a salary of ₹30 lakh. Below those figures, stay with the new regime. Above them, the old regime earns its keep. And count only deductions you truly have. An 80C investment made in March purely to rescue a regime choice is a cost dressed as a saving; the ₹1,50,000 leaves your bank account either way.

Business income changes the paperwork, not just the maths

If none of your income is from business or profession, you choose your regime in the return itself, and you may choose afresh every year. Pick the wrong one this July, pick the other next July. No form, no lock-in.

Freelancers, consultants, shopkeepers and professionals live under a stricter rule. To leave the default new regime you must file Form 10-IEA on or before the due date for your return under Section 139(1). File it late and it is treated as never filed; the new regime applies for that year whatever your return claims. The switching is sticky too. Having opted out, you may withdraw that choice and return to the new regime only once. After that one return, the old regime stays closed for as long as you have business income. So run the comparison before you file the form, not after. Choosing the right return form matters as much as the regime — our guide on which ITR form to file sets out who files ITR-3 and ITR-4, and the cost of missing the date altogether is covered in our note on the belated ITR penalty under Section 234F.

Decide it on paper, with your real deduction figures, before the filing season decides it for you. If you want the comparison run on your actual salary structure, HRA and loans — and the return filed in the regime that wins — that is the everyday work of our income tax return filing desk.