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Microlesson · 5-min read

Old Tax Regime vs New Tax Regime (Sec 115BAC)

# Old vs New Tax Regime — Comparison

## Default vs Optional

  • Before FA 2023: Old Regime was default; New Regime (115BAC) was optional.
  • From FA 2023 onwards: New Regime (Sec 115BAC) is the default; Old Regime is optional.

## Senior / Super Senior Benefit

ParticularsOld RegimeNew Regime
Senior Citizens (≥ 60 yrs)Higher basic exemption ₹3,00,000No extra benefit
Super Senior (≥ 80 yrs)Higher basic exemption ₹5,00,000No extra benefit
EffectDifferent slabs by ageSame slabs for all

## Surcharge

ThresholdOld RegimeNew Regime
₹50L–1Cr10%10%
₹1Cr–2Cr15%15%
₹2Cr–5Cr25%25% (cap)
Above ₹5Cr37%25% (cap)

## Rebate u/s 87A

ParticularsOld RegimeNew Regime
Income Threshold₹5,00,000₹12,00,000
Max Rebate₹12,500₹60,000

## Key Deductions / Exemptions

  • Most Chapter VI-A deductions (80C, 80D, etc.) and exemptions like HRA, LTA are not available under the new regime.

Worked example

### Example 1

Example: Mr. Z, age 65, has total income of ₹6,00,000.

• Old Regime: Basic exemption ₹3,00,000 → Tax on ₹3,00,000 at slabs.

• New Regime: Basic exemption ₹3,00,000 (same for all ages under new regime).

Age benefit only matters in the old regime.

### Example 2

Example: Income ₹6 Cr.

• Old Regime: Surcharge 37% applies.

• New Regime: Surcharge capped at 25% — significant tax saving for HNIs.

⚠️ Common exam mistakes

  • Treating the old regime as still the default after FA 2023 — it is now OPTIONAL.
  • Applying senior/super-senior basic exemption (₹3L/₹5L) under the new regime — not available.
  • Applying 37% surcharge above ₹5 Cr under the new regime — capped at 25%.
  • Claiming 80C / HRA / LTA exemptions under the new regime.
Reference: Section 115BAC
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