Section 115BAC of the Income Tax Act, 1961 governs the new tax regime, the default regime since FY 2023-24, which trades lower slab rates for giving up most deductions and exemptions.
For FY 2025-26 (AY 2026-27), taxable income up to Rs 12 lakh is effectively tax-free through the Section 87A rebate, and up to Rs 12.75 lakh for salaried individuals once the standard deduction is applied.
This guide covers the exact slabs, what you can and cannot deduct, a fully worked tax calculation, and how Section 115BAC is being renumbered under the new Income Tax Act, 2025.
Important Links
| Resource | Link |
|---|---|
| Income Tax Department (e-filing portal) | incometax.gov.in |
| Compare old vs new regime for your income | Old vs New Tax Regime Calculator |
| Full tax computation, both regimes | Income Tax Calculator |
What Is Section 115BAC?
Section 115BAC of the Income Tax Act, 1961 is the provision that sets out the new tax regime: lower slab rates for individuals and Hindu Undivided Families in exchange for giving up most deductions and exemptions available under the old regime.
Introduced in Budget 2020 as an optional alternative, Section 115BAC was amended in Budget 2023 with revised slabs and made the default regime, meaning it applies automatically to every taxpayer who does not actively choose otherwise.
The trade-off is simplicity for scope: fewer documents, less tax planning, and a lower tax rate at most income levels, at the cost of losing HRA, most Chapter VI-A deductions, and interest deduction on a self-occupied home loan.
New Tax Regime Slab Rates for FY 2025-26 (AY 2026-27)
These are the slabs currently in force under Section 115BAC for the financial year ending March 31, 2026.
| Taxable Income | Tax Rate |
|---|---|
| Up to Rs 4,00,000 | Nil |
| Rs 4,00,001 to Rs 8,00,000 | 5% |
| Rs 8,00,001 to Rs 12,00,000 | 10% |
| Rs 12,00,001 to Rs 16,00,000 | 15% |
| Rs 16,00,001 to Rs 20,00,000 | 20% |
| Rs 20,00,001 to Rs 24,00,000 | 25% |
| Above Rs 24,00,000 | 30% |
Salaried individuals and pensioners also get a standard deduction of Rs 75,000 under the new regime, applied before these slabs, which is higher than the Rs 50,000 standard deduction available under the old regime.
Section 87A Rebate and Marginal Relief
A resident individual with taxable income up to Rs 12 lakh under the new regime pays zero tax, through a rebate of up to Rs 60,000 under Section 87A that fully cancels out the tax otherwise due at that income level.
Salaried individuals effectively get tax-free income up to Rs 12.75 lakh, since the Rs 75,000 standard deduction is subtracted before the Rs 12 lakh rebate threshold is checked.
Marginal relief protects taxpayers who cross this threshold by only a small margin. Take a taxable income of Rs 12,10,000: the slab calculation alone gives Rs 61,500 in tax before cess, but marginal relief caps the tax at Rs 10,000, exactly the amount by which income exceeds Rs 12 lakh. After the 4% cess, the final tax payable is Rs 10,400, not Rs 63,960.
Who Can Opt for Section 115BAC?
Both individuals and Hindu Undivided Families can be taxed under Section 115BAC, including residents, non-residents, and senior citizens, all on the same slab structure.
Since it is the default regime, no active choice is needed to be taxed under it. A taxpayer who wants the old regime instead must choose it before the due date for filing the original return; once that due date passes, switching to the old regime for that year is no longer possible, even if it would have resulted in lower tax.
Deductions and Exemptions Allowed Under Section 115BAC
Deductions and Exemptions Not Allowed Under Section 115BAC
Old vs New Tax Regime Calculator
See exactly which regime saves you more, using your real income, deductions, and HRA figures.
Old vs New Tax Regime: Full Deduction Comparison
| Deduction / Exemption | Old Regime | New Regime |
|---|---|---|
| Section 80C (PPF, NSC, ELSS, life insurance) | Up to Rs 1.5 lakh | Not available |
| House Rent Allowance | Available (based on actuals) | Not available |
| Standard deduction (salaried) | Rs 50,000 | Rs 75,000 |
| Section 80D (health insurance) | Available | Not available |
| Home loan interest, self-occupied (Section 24) | Up to Rs 2 lakh | Not available |
| Section 80G (donations) | Available | Not available |
| Leave Travel Allowance | Available | Not available |
| Section 80E (education loan interest) | Available | Not available |
| Section 80TTA/80TTB (savings interest) | Available | Not available |
| Professional tax | Available | Not available |
| Transport allowance (specially-abled) | Available | Available |
| House property loss set-off against other income | Allowed | Not available |
House Property and Business Loss Rules Under the New Regime
| Loss Type | Old Regime | New Regime |
|---|---|---|
| Self-occupied property interest | Deductible up to Rs 2 lakh; loss can be set off | No deduction; no set-off |
| Let-out property interest | Fully deductible; excess loss carried forward | Deductible only up to taxable rent; no carry-forward of excess |
| Business loss / unabsorbed depreciation | Set-off and carry-forward allowed if conditions are met | Not allowed if linked to a deduction disallowed under the new regime |
How to Switch Between Old and New Tax Regime
Since the new regime is the default, opting out works differently depending on whether you have business income.
| Particulars | Salaried Taxpayer | Non-Salaried (Business Income) |
|---|---|---|
| Opting out of new regime | Allowed | Allowed |
| Action required | Select old regime while filing ITR | File Form 10-IEA |
| Form 10-IEA applicability | Not applicable | Mandatory |
| Filing frequency | Choose each year, no form needed | File once; remains valid for future years unless withdrawn |
| Switching back to new regime | Allowed anytime | Allowed only once in a lifetime |
Worked Example: Tax Calculation Under Section 115BAC
Consider a salaried individual with a Rs 25,00,000 salary for FY 2025-26. After the Rs 75,000 standard deduction, taxable income under the new regime is Rs 24,25,000.
| Slab | Tax |
|---|---|
| Up to Rs 4,00,000 | Nil |
| Rs 4,00,000 to Rs 8,00,000 (5%) | Rs 20,000 |
| Rs 8,00,000 to Rs 12,00,000 (10%) | Rs 40,000 |
| Rs 12,00,000 to Rs 16,00,000 (15%) | Rs 60,000 |
| Rs 16,00,000 to Rs 20,00,000 (20%) | Rs 80,000 |
| Rs 20,00,000 to Rs 24,00,000 (25%) | Rs 1,00,000 |
| Rs 24,00,000 to Rs 24,25,000 (30%) | Rs 7,500 |
| Tax before cess | Rs 3,07,500 |
| Add 4% Health and Education Cess | Rs 12,300 |
| Total tax under new regime | Rs 3,19,800 |
Under the old regime, the same Rs 25,00,000 salary, after a Rs 50,000 standard deduction, gives a taxable income of Rs 24,50,000, taxed at nil up to Rs 2.5 lakh, 5% up to Rs 5 lakh, 20% up to Rs 10 lakh, and 30% above that. That works out to Rs 5,47,500 before cess, or Rs 5,69,400 with the 4% cess added.
This taxpayer saves Rs 2,49,600 by choosing the new regime, purely because the gap in slab rates outweighs the deductions given up at this income level and deduction profile.
Section 115BAC Becomes Section 202 Under the Income Tax Act, 2025
The Income Tax Act, 2025 renumbers Section 115BAC as Section 202, effective April 1, 2026, without changing the slab rates, rebate, or the deductions allowed and disallowed.
Section 202 does not apply to the current ITR filing season, which runs from April to July 2026 and covers income earned up to March 31, 2026, still governed by the 1961 Act. It becomes relevant only for the tax season covering FY 2026-27 income, filed from April 2027 onward.
| Provision | Income Tax Act, 1961 | Income Tax Act, 2025 |
|---|---|---|
| New tax regime | Section 115BAC | Section 202 |
| Rebate under new regime | Section 87A | Section 156 |
| VRS exemption | Section 10(10C) | Schedule |
| Leave encashment exemption | Section 10(10AA) | Schedule |
| SEZ exemption | Section 10AA | Schedule |
| Additional depreciation | Section 32(1)(iia) | Section 32 |
Health and Education Cess and Surcharge Under the New Regime
A 4% Health and Education Cess applies on top of the tax computed at the new regime slab rates, after any Section 87A rebate or marginal relief has already reduced the base tax.
Surcharge under the new regime is capped at a maximum of 25%, applicable only above Rs 2 crore in income, compared with a 37% maximum surcharge under the old regime. This lower surcharge ceiling is a specific reason some very high earners choose the new regime despite losing most deductions.
Which Regime Should You Choose?
The new regime tends to win for taxpayers with few deductions: no home loan on a self-occupied property, modest or no HRA claim, and little invested toward Section 80C or 80D.
The old regime still wins for taxpayers actively using a home loan interest deduction, a full Section 80C investment routine, health insurance premiums, and a meaningful HRA exemption, since these can outweigh the new regime's lower slab rates.
Running your own numbers on the Old vs New Tax Regime Calculator or the full Income Tax Calculator is the only reliable way to know which regime actually saves you money this year.
Frequently Asked Questions: Section 115BAC
Disclaimer: This article explains Section 115BAC of the Income Tax Act, 1961 for general informational purposes and is not tax advice. Tax outcomes depend on your complete income, deduction, and filing profile; verify your specific liability using the calculators linked on this page or consult a chartered accountant before filing. Figures reflect the law as of the date above and may change with future notifications.