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Employee CornerReviewed by labour law lawyers

Old regime or new regime: how to choose in 5 minutes

By the True HR editorial team · Reviewed by empanelled labour law lawyers

Published · Updated · 9 min read

The short answer

Answer two questions: how much do you actually claim in deductions (HRA exemption, 80C, 80D, home loan interest), and what is your salary? If your salary is ₹12,75,000 or less, the new regime is tax-free after the rebate under section 156 (earlier 87A), so it cannot be beaten. Above that, the old regime wins only when deductions are large.

How do you choose your tax regime in 5 minutes?

You only need two numbers. First, your total deductions if you filed under the old regime: HRA (House Rent Allowance) exemption if you pay rent, 80C investments (PF, PPF, ELSS, children's tuition, up to ₹1,50,000), 80D health insurance premiums, home loan interest (up to ₹2,00,000), and your own NPS contribution (up to ₹50,000). Second, your annual salary. Compare your deduction total against the breakeven figure for your salary in the table below. Deductions above the breakeven: old regime wins. Below it: new regime wins. That is the whole decision.

This article keeps the names everyone knows (80C, 80D, 87A). The Income-tax Act, 2025 replaced the 1961 Act on 1 April 2026 and renumbered all of them; the new references are in the table further down.

Before you decide, gather these in one sitting:

  • Annual rent paid and your HRA amount from the salary annexure, to estimate the HRA exemption
  • 80C total: employee PF (already on your payslip), PPF, ELSS, life insurance premiums, tuition fees
  • Health insurance premiums for yourself, family and parents (80D)
  • Home loan interest certificate from your bank, if any
  • Any NPS contribution of your own
  • Your annual gross salary from the offer letter or last year's Form 130 (earlier Form 16)

What are the FY 2026-27 slabs under each regime?

The new regime (section 202 of the Income-tax Act, 2025; earlier section 115BAC) is the default and has lower rates spread across more slabs, plus a bigger standard deduction and a far bigger rebate. The old regime has higher rates but lets you claim the full menu of deductions. Both add a 4% health and education cess on the tax.

The Finance Act, 2026 changed no individual rate, slab, rebate or standard deduction, so the figures for FY 2026-27 (tax year 2026-27 in the new Act's language) are the same as last year's.

Slab rates and key limits, FY 2026-27
Income band (taxable)New regimeOld regime
Up to ₹2,50,000NilNil
₹2,50,001 to ₹4,00,000Nil5%
₹4,00,001 to ₹5,00,0005%5%
₹5,00,001 to ₹8,00,0005%20%
₹8,00,001 to ₹10,00,00010%20%
₹10,00,001 to ₹12,00,00010%30%
₹12,00,001 to ₹16,00,00015%30%
₹16,00,001 to ₹20,00,00020%30%
₹20,00,001 to ₹24,00,00025%30%
Above ₹24,00,00030%30%
Standard deduction on salary₹75,000₹50,000
Rebate: tax-free up to (taxable income)₹12,00,000₹5,00,000

What changed when the Income-tax Act, 2025 took over?

For a salaried employee, two things. The section and form numbers are new, which matters when you read your employer's declaration form or a tax notice. And the list of cities where the HRA exemption can go up to 50% of basic grew from four to eight, which matters a great deal if you rent in one of the four that joined.

Under Rule 279 of the Income-tax Rules, 2026 the 50% cities are Delhi, Mumbai, Kolkata, Chennai, Hyderabad, Pune, Ahmedabad and Bengaluru. Everywhere else the limit stays at 40% of basic. The rest of the HRA test is unchanged: the exemption is the least of the HRA you receive, rent paid minus 10% of basic, and the city percentage of basic.

The names you know and where they live now
Familiar nameIn the Income-tax Act, 2025Limit under the old regime
80C (PF, PPF, ELSS, tuition, life insurance)Section 123₹1,50,000
80D (health insurance)Section 126₹25,000 for self and family; ₹50,000 if a senior citizen
24(b) (home loan interest, self-occupied home)Section 22₹2,00,000
80CCD(1B) (your own NPS)Section 124(3)₹50,000
HRA exemption (section 10(13A), Rule 2A)Schedule III read with Rule 279Least of the three tests above
87A rebateSection 156Taxable income up to ₹5,00,000
115BAC (new regime)Section 202Not applicable
Form 16 (salary TDS certificate)Form 130Not applicable

At what deduction level does the old regime start winning?

Here is the breakeven, computed from the FY 2026-27 slabs. The right column shows the old regime deductions you would need beyond the ₹50,000 old regime standard deduction (HRA exemption plus 80C plus 80D plus home loan interest plus NPS and so on) for the old regime to merely equal the new regime's tax. Worked example at ₹18,00,000: new regime taxable income is ₹17,25,000 after the ₹75,000 standard deduction, and tax including cess is ₹1,50,800; the old regime only matches that once your deductions reach about ₹6,41,700.

These are point estimates for salary-only income; your exact breakeven shifts with other income and rounding, so confirm your own numbers with the income tax calculator on this site before you file.

Breakeven deductions by salary, FY 2026-27 (confirm with the calculator)
Annual salaryNew regime tax (incl. cess)Old regime deductions needed to break even (beyond the ₹50,000 standard deduction)
₹8,00,000Nil₹2,50,000 just to match nil; the old regime cannot do better
₹12,00,000Nil₹6,50,000 just to match nil; the old regime cannot do better
₹15,00,000₹97,500About ₹5,43,700
₹18,00,000₹1,50,800About ₹6,41,700
₹20,00,000₹1,92,400About ₹7,08,300
₹25,00,000₹3,19,800About ₹8,00,000

Who almost always wins under the new regime?

If you do not pay rent (or your HRA exemption is small), have no home loan, and your 80C is mostly just your employee PF, the new regime wins at every income level: your deductions will be nowhere near the breakevens above. It also cannot be beaten for anyone whose salary is ₹12,75,000 or less, because the ₹75,000 standard deduction brings taxable income to ₹12,00,000 or under, and the rebate under section 156 (earlier 87A) then makes the tax nil. No investment proofs, no rent receipts, no January scramble.

The new regime is also the default. If you do nothing, your employer deducts TDS under it, and for most people that default is the right answer.

Who should still check the old regime?

The old regime survives for one profile: high rent in one of the eight 50% cities plus a full deduction stack. Take a ₹18,00,000 salary in Bengaluru with basic at 40% of salary (₹7,20,000), HRA at 50% of basic (₹3,60,000) and rent of ₹35,000 a month. The HRA exemption is ₹3,48,000. Add 80C at ₹1,50,000, home loan interest of ₹2,00,000, 80D of ₹25,000 and NPS of ₹50,000 and the stack totals ₹7,73,000, well past the ₹6,41,700 breakeven. Old regime tax works out to ₹1,12,216 against ₹1,50,800 under new: a saving of ₹38,584 a year, in exchange for collecting and defending every proof.

That is the honest picture: the old regime still pays, but only for the full stack. Take the home loan out of the same example and the deductions fall to ₹5,73,000, below the breakeven, and the new regime is ahead by ₹21,424. Run both sides in the calculator rather than assuming.

What are the rules for switching between regimes?

If you are salaried with no business income, you choose afresh every year. Tell your employer a regime for TDS at the start of the year, and you can still pick the other one when you file your return by the due date; the TDS declaration does not bind your final choice. The new regime is the default if you say nothing.

If you have business or professional income, the choice is stickier: opting for the old regime needs a separate declaration filed by the return due date (Form 10-IEA under the 1961 Act; the forms were renumbered in 2026, so use the one the income tax portal offers), and once you opt back into the new regime you cannot return to the old regime again. Salaried readers can experiment year by year; business owners should decide once, carefully, with a professional.

Whichever way you lean, spend five minutes in the income tax calculator on this site with your real deduction numbers before you lock your declaration. The breakeven table gets you close; the calculator gets you exact.

Sections and Acts cited

  • Income-tax Act, 2025, section 202 (earlier section 115BAC of the 1961 Act)
  • Income-tax Act, 2025, section 156 (earlier section 87A)
  • Income-tax Rules, 2026, Rule 279 (house rent allowance; earlier Rule 2A)
  • Finance Act, 2026

Frequently asked questions

01Can I pick one regime with my employer and another while filing?

Yes, if you are salaried. The regime you declare to your employer only governs monthly TDS. At filing time you can choose either regime, and any excess TDS comes back as a refund. Just file by the due date to keep the choice open.

02Is salary up to ₹12,75,000 really tax-free under the new regime?

Yes, for FY 2026-27. The ₹75,000 standard deduction brings a ₹12,75,000 salary to ₹12,00,000 of taxable income, and the rebate under section 156 (earlier 87A) (up to ₹60,000) wipes out the tax on it. Marginal relief also protects those slightly above the limit from a sudden tax cliff.

03Does the new regime allow any deductions at all?

A few. The ₹75,000 standard deduction on salary and your employer's NPS contribution (up to 14% of basic pay and dearness allowance) still reduce your tax under the new regime. What you lose are the self-claimed ones: HRA exemption, 80C, 80D, home loan interest on a self-occupied home and your own NPS top-up.

04Do I need to file a form to choose the old regime?

Not if you are salaried with no business income: you simply pick a regime in the return itself each year, filed by the due date. People with business or professional income must file a separate declaration to opt out of the default new regime. Under the 1961 Act that was Form 10-IEA; check the income tax portal for the current form.

05Did the section numbers change in 2026?

Yes. The Income-tax Act, 2025 replaced the 1961 Act on 1 April 2026. The new regime is section 202 (earlier 115BAC), the rebate is section 156 (earlier 87A), and 80C is section 123. The rates and limits themselves did not change for FY 2026-27.

06My deductions are close to the breakeven. Which way should I go?

Compute both, precisely. Within ₹25,000 of the breakeven, the outcomes are nearly identical and rounding, cess and other income can flip the answer. Run your actual figures through the income tax calculator, and if it is still a coin toss, the new regime's zero paperwork is a fair tiebreaker.

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