New Tax Regime

Income Tax - New Tax Regime 

The Budget 2020 introduces a new regime under section 115BAC giving an option to individuals and HUF taxpayers to pay income tax at lower rates. The new system is applicable for income earned from 1 April 2020 (FY 2020-21), which relates to AY 2021-22. 

What are the tax rates under the new/old regime?

Exemptions and deductions not claimable under the new tax regime

Deductions not allowed for Salary cases under new regime

(i) Leave travel allowance exemption which is currently available to salaried employees twice in a block of four years

(ii) House rent allowance normally paid to salaried individuals as part of salary. This could be claimed as tax exempt upto certain specified limits if the individual was staying in rented accommodation

(iii) Standard deduction of Rs 75,000 currently available to salaried tax payers 

(iv) Deduction available under section 80TTA/80TTB will not be available to the taxpayers. Abhishek Soni, CEO & founder, Tax2win.in says, "As Section - 80TTA and 80TTB are covered under chapter-VIA and the new tax regime excludes deductions under chapter-VIA subject to certain exceptions.Thus, a person opting for the new tax regime shall not be entitled to claim deduction u/s 80TTA(Deduction in respect of Interest on deposits in savings account) and 80TTB(Deduction in respect of Interest on  ..

(v) Deduction for entertainment allowance (for government employees) and employment/professional tax as contained in section 16

(vi) Tax benet on interest paid on housing loan taken for a self occupied or vacant house property: Interest paid on housing loan for such a property could be claimed as a deduction from income from house property which resulted in a loss from house property (as the property was self/occupied or vacant). This loss could be set o against salary income thereby reducing the individuals’ taxable income and net tax liability. This comes under section 24 

(vii) Deduction of Rs 15000 allowed from family pension under clause (iia) of section 57 

(viii) The most commonly claimed deductions under section 80C will also go. This includes the commonly availed section 80C deductions claimed for provident fund contributions, life insurance premium, school tuition fee for children and various specied investments such as ELSS, NPS, PPF etc. However, deduction under sub-section (2) of section 80CCD (employer contribution on account of employee in notied pension scheme—mostly NPS) and section 80JJAA (for new employment) can still be claimed 

(ix) The deduction claimed for medical insurance premium under section 80D will also not be claimable 

(x) Tax benefits for disability under sections 80DD and 80DDB will not be claimable 

(xi) Tax break on interest paid on education loan will not be claimable-section 80E (xii) Tax break on donations to charitable institutions available under section 80G will not be available All deductions under chapter VIA (like section 80C, 80CCC, 80CCD, 80D, 80DD, 80DDB, 80E, 80EE, 80EEA, 80EEB, 80G, 80GG, 80GGA, 80GGC, 80IA, 80-IAB, 80-IAC, 80-IB, 80-IBA, etc) will not be claimable by those opting for the new tax regime. 

The above are part a total of 70 deductions and tax exemptions that will not be available in the proposed new tax regime 

Deductions for business expenditure not allowed under the new regime


chapter VI A deductions (except following)

What are the exemptions and deductions available under the new regime?

You can claim tax exemption for:

Salary Cases :

In the new tax regime, conveyance allowance is fully taxable, except for certain exemptions applicable to specific cases.

1. Regular Employees

2. Exemption for Differently-Abled Individuals

3. Reimbursement for Official Travel

Example:

If your employer gives you a fixed conveyance allowance of ₹5,000 per month (₹60,000 per year):

Under the new tax regime, daily allowances granted to employees for being away from their regular place of duty are treated as follows:

1. Daily Allowance for Official Duty

2. Fixed Daily Allowance Without Proof of Expenses

3. Travel Allowance for Government Employees

Example Cases:


Other than Salary Cases :

If you receive a gift from your employer, its tax treatment depends on the value:

Gifts Up to ₹5,000 in a Financial Year

Gifts Above ₹5,000 in a Financial Year

Cash Gifts or Gift Vouchers (Any Amount)



Under the new tax regime (Section 115BAC), the amount received on Voluntary Retirement Scheme (VRS) follows these rules:

1. Exemption under Section 10(10C):

2. Conditions for Exemption:

To claim the exemption, the VRS must be as per the prescribed guidelines, such as:

3. Can You Claim Other Deductions on VRS Under New Regime?

4. VRS Received in Installments:

Unabsorbed depreciation and business loss under the new regime :-

In the case of a business income, an individual or HUF cannot claim set-off of the brought forward business loss or unabsorbed depreciation. The deductions not available under the new regime to the extent they relate to deductions/exemptions withdrawn.

Surcharge Rates :-

Can I choose between the new tax regime and the existing regime?

Salaried Taxpayer :

An employee can choose the new tax regime at the beginning of FY 2020-21 and intimate their employer. The employee cannot change their choice anytime during the financial year. However, the change can be done at the time of filing the income tax return in the due date of filing of income tax return (ie 31st July incase of non-taxaudit individuals). In case an employee does not choose the old tax regime at the beginning of the financial year, the employer will deduct tax (TDS) under the default tax regime (New Tax Regime). A salaried taxpayer can opt-in and opt-out every year but before due date of filing original return u/s 139(1). 

That means you can choose the Old tax regime in one year and choose the New tax regime in another year. 

Form 10IEA :

           a person not having income from business/profession opting to pay tax under the old tax regime can directly exercise the option under section 115BAC in the Income Tax return ITR 1 or ITR 2 and is not required to file Form 10IEA. 

Non-Salaried Taxpayer :

A non-salaried taxpayer has to choose the new regime at the time of filing the tax return. They need not declare or intimate their choice to anyone at any time during the year. However, a non-salaried taxpayer cannot opt-in and opt-out of the Old tax regime every year. Once a non-salaried opts out of the Old tax regime, they cannot opt-in again for the new tax regime in the future. 

For Individuals and HUF:- New section 115BAC has been proposed to be introduced to provide tax at low rates. Individuals/HUF not having a business income can opt for such regime. The option once exercised can be withdrawn only once. If the individuals/ HUF ceases to have business income can again opt for such scheme. 

Form 10IEA :

The Functionality is automatically enabled & the assessee who is having business income only will be able to File FORM -10IEA.