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Can we Change the Tax Regime While Filing ITR?


Can we Change the Tax Regime While Filing ITR?


Taxpayers now have a choice between the Old Tax Regime and the New Tax Regime with the publication of the 2020 budget, which brought about a new tax regime for individuals and HUF. Under the new tax regime, Budget 2023 established several regulations, including lower tax rates, a smaller tax slab, and an increase in rebate. Furthermore, the new tax regime will be the default starting in FY 2023–2024. However, individuals can choose between these two tax systems if they would rather stick with the previous one. The type of revenue, however, determines how frequently the two regimes are switched. Let's continue reading the guide below.

 

Table of Contents:

 

Understanding the Old Tax Regime

The tax system in place before the implementation of the new tax regime is known as the old tax regime. The term "Old Tax Regime" in the context of the Indian Taxation system refers to the conventional method of calculating and paying income taxes, which consists of several deductions, exemptions, and allowances that taxpayers can claim to lower their taxable income. Taxpayers were able to deduct costs under the Old Tax Regime, including interest on home loans, insurance payments, and investments in specific financial instruments.


The following table shows the tax rates for different income ranges under the old tax regime:

Income Range

Tax Rate

Up to Rs. 2,50,000

Nil

Rs. 2,50,000- Rs. 5,00,000

5%

Rs. 5,00,000- Rs. 10,00,000

20%

Above Rs. 10,00,000

30%

Understanding the New Tax Regime

Budget 2020 included a new tax structure in addition to the previous one. Compared to the previous tax regime, the tax rates under this one are lower. Except for the deduction allowed by sections 80CCD(2) and 80JJA (eligible for business income), there are no further deductions or exclusions. The New Tax Regime seeks to ease tax filing for individuals and Hindu Undivided Families (HUFs) by streamlining the tax structure and providing reduced tax rates. This would lessen the cost of compliance. The New Tax Regime's tax rates are set up so that individual taxpayers in various income groups will receive relief.


The new tax system has undergone a few notable changes in compliance with the Union Budget 2023. The basic exemption threshold was increased from Rs. 2.5 lakh to Rs. 3 lakh under the new tax regime, and the tax slab was lowered from 6 to 5. The changes will be operative as of April 1, 2023. The slab structure has been updated as follows:



Understanding the New Tax Regime. - Taxbuddy



Is It Possible to Change Income Tax Regime While Filing ITR

The new tax system was established as the default in the Union Budget 2023. This suggests that your taxes will be computed automatically under the new system if you don't specifically select between the old and new tax regimes. You may, at any time before the deadline for submitting your tax return for the applicable assessment year, choose to revert to the previous system. The number of times you can transfer depends on your line of work or on certain requirements outlined in tax laws. We will explain the possibility of the change in tax regime in different contexts. 


Salaried Individuals: 

Throughout each financial year, a salaried person has the option to alternate between the new and old tax regimes. You still can quickly modify the tax regime you have selected while filing your ITR, even if you have chosen the new one for TDS throughout the year. 


Individuals with Income from Business/Profession:

A person who receives compensation from a business or profession is not permitted to change regimes more than once. For example, you can only go back to the previous tax regime once in your lifetime after selecting the current one. To make this transition, you must file Form 10-IE with your ITR. You are unable to revert to the previous system for that year if you haven't previously submitted Form 10-IE before the initial deadline for submitting your ITR. 


Steps to Switch Income Tax Regime While Filing ITR

Your final tax liability can be greatly impacted by choosing the right tax regime before filing your Income Tax Return (ITR). During the filing process, both business professionals and salaried individuals might choose to switch regimes; however, each group has different procedures and restrictions. When filing your ITR, do the following actions to switch between tax regimes: 


Step 1: Select your preferred regime

  • New Tax Regime: Provides reduced tax rates, but most exemptions and deductions are eliminated. 

  • Old Tax Regime: Provides for a range of exemptions and deductions but imposes higher tax rates.


Step 2: Verify your eligibility

  • Salaried individuals: No further paperwork is required; you can select either regime immediately on your ITR form. 

  • People with professional or business income: They are required to file Form 10IE by July 31 of the assessment year and are only permitted to change regimes once in their lifetime. 


Step 3: Depending on your circumstances, take the following actions: 

For salaried individuals:

  • Start by opening your ITR form (ITR-1 or ITR-2). 

  • Find the section where the tax regime selection is made. 

  • If applicable, choose "New Tax Regime". 

  • Finish the last few portions of your ITR and send it in.


For Individuals with income from business or profession: 

Changing to a New Regime: 

  • Download and fill out Form 10IE, indicating that you want to change to the new regime.

  • Before July 31 of the assessment year, submit Form 10IE. 

  • Use the "New Tax Regime" option when filing your income tax return. 


Changing to the Old Regime: 

  • You can only select this option if you have never swapped previously. 

  • To indicate your desire to return to the previous system, download and fill out Form 10IE. 

  • You cannot include in your current year's return any deductions or exclusions that were available under the previous system. 

  • File your ITR without deciding on a regime in advance.


Step 4: Double-Check and Submit

  • Carefully check your ITR to make sure it is accurate. 

  • Use your bank account information, Aadhaar OTP, or PAN to electronically validate your ITR.

  • Select your chosen regime and then online submit your ITR.


Things to Remember When Switching Tax Regimes

To facilitate a seamless transition and enable informed decision-making, there are several crucial factors to take into account when transferring across tax regimes. Here are some important things to think about: 

  • Understand the tax laws: It's imperative to fully comprehend the distinctions between the previous and current tax regimes before making a move. Analyse each regime's tax rates, exemptions, deductions, and any other pertinent clauses.

  • Evaluate tax obligation: Determine your tax obligation under each regime by taking into account your tax rates, deductions, exemptions, and sources of income. To decide whether the regime is better for your financial circumstances, calculate the potential tax savings or higher tax payable under each. 

  • Consider the effect on savings and investments: Take into account the potential effects of changing tax laws on your savings, investments, and financial planning techniques. The new tax law may exclude some tax-saving investments and deductions, so consider how this will affect your overall financial objectives. 

  • Plan future taxes: Consider the potential effects of changing tax regimes on your long-term tax planning techniques. When selecting your choice, take into account several aspects such as life events, shifts in income, and long-term financial objectives. 

  • Examine the documentation: Make sure you have all the records and paperwork needed to back up the income, exemptions, and deductions you've claimed in accordance with your selected tax system. For future reference or auditing needs, make sure these documents are well-organized and easily accessible.


Form 10IE and Form 10IEA

There may be confusion among taxpayers filing income tax returns for the future FY 2023–2024 between Form 10IE and Form 10IEA. Form 10IE was used to select the new tax regime, but Form 10IEA allows you to select the previous tax system. This is the main distinction between the two forms. While Form 10IEA must now be completed if you intend to choose the old tax regime, Form 10IE is no longer required. Form 10-IEA is a crucial document to consider while choosing the new or old tax system for the fiscal year 2023–2024. Professionals who are paid must complete this form by July 31, 2024. The deadline for filing tax returns is this.


Conclusion 

You can certainly switch tax regimes while submitting your ITR. Before choosing to move, take into account tax breaks available under both regimes, such as Section 80D for health insurance policy premiums. See a tax counsellor or financial professional for advice if you find it fascinating to navigate the intricacies of different tax regimes.


FAQ

Q1. Can we change tax regimes every year?

Every financial year, a salaried person is free to choose between the new and old tax regime. The taxpayer can simply switch to their preferred tax regime when completing their ITR, even if they have selected the new tax regime for TDS during the year.


Q2. Who cannot change tax regimes every year?

People who make their living from a business or a profession are not allowed to change their income tax system annually. People who make money from sources other than their business or profession, however, are free to change their regimens once a year.


Q3. How can I change my income tax regime?

You can easily transfer the regime while completing your ITR if you are a salaried individual without income from a business or profession. Just choose the new regime. If you are a person having revenue from both your business and profession, you will need to file Form 10IE by July 31st, which is the deadline for reporting your ITR.


Q4. Can we opt for the new tax regime after the due date?

No, you cannot switch to the new tax regime while filing belated ITRs.


Q5. Can we switch regimes while filing a revised ITR?

The taxpayer's income type determines whether or not they can transfer regimes. If the taxpayer just receives salary income, he may change regimes while submitting his ITR. Likewise, an employee may only switch regimes once if he receives money from both his business and profession.


Q6. How many times can we switch tax regimes?

An individual who receives money from a business or profession can swap regimes annually, while an individual who receives revenue from a business or profession is limited to one regime change per lifetime.


Q7. Do employees need to inform their employers of the tax regime they have chosen? 

Indeed, workers have to let their employers know which tax scheme they want. Depending on which regime is better for them, they can swap it at the time of submitting their Income Tax Return (ITR).


Q8. Does the new tax regime allow for the 80C deduction? 

No, under the new tax system, deductions under Chapter VI-A—including well-known ones like 80C (for investments) and 80D—are not available.


Q9. Is the new tax regime permanent?

The taxpayers will now be subject to a new tax structure by default. The previous tax system won't be abandoned. The taxpayers will be able to choose to stay under the current tax system or switch to the previous one. By completing a form, they can choose to switch between the tax regimes each year.


Q10. Which tax regime—new or old—is better? 

In cases where the total deductions are less than 1.5 lakhs, the new system will be beneficial. If total deductions are above 3.75 lakhs, the previous system will be a better option. When your income level determines the range of total deductions, which is between 1.5 lakhs and 3.75 lakhs.



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