Old vs new tax regime in India: basics for salaried employees

Choosing between the old and new tax regimes is the single biggest tax decision most salaried employees in India make each year — and most people make it without running the numbers. The difference in annual tax liability can range from negligible to ₹40,000–₹80,000/year at mid-level incomes, entirely depending on your specific deduction profile. This guide explains the structural difference and gives you a framework for deciding — not a blanket recommendation.

Important:Tax slabs, standard deductions, and rebate thresholds change with each Union Budget. This guide describes the structure as configured for Tax Year 2026–27 (FY 2026–27) under the Income Tax Act, 2025 in SalaryExit's calculators. Verify current rates at the Income Tax Department's official portal for filing decisions.

What old vs new actually means

The new regime (Section 202 of the Income Tax Act, 2025 — earlier Section 115BAC framework) offers lower progressive slab rates but disallows most exemptions and many itemised deductions. In Tax Year 2026–27 (FY 2026–27), it includes a standard deduction of ₹75,000 for salaried employees under Section 19(1) and a rebate that makes tax nil for those whose taxable income is ₹12 lakh or less after the standard deduction — the Section 156 rebate under the Income Tax Act, 2025 (earlier Section 87A framework).

The old regime has a higher base slab rate but allows you to reduce taxable income through deductions: Section 123 read with Schedule XV (corresponding to the earlier Section 80C framework — up to ₹1.5L for PF, PPF, ELSS, LIC, home loan principal, etc.), health-insurance style deductions, additional NPS contributions, HRA exemption where still claimable under the old regime, and home-loan interest where applicable. It has a standard deduction of ₹50,000 under Section 19(1).

The new regime is now the default — if you do not declare a regime to your employer, they apply new regime TDS. To opt for the old regime, you must declare it explicitly at the start of the financial year (or at the time of joining).

When the old regime typically produces lower tax

The old regime tends to win — that is, produce a lower tax liability — when your deductions are large enough to offset the lower slabs in the new regime. Common scenarios:

• You pay significant rent and qualify for HRA exemption. For a ₹18 LPA gross employee paying ₹20,000/month rent in a metro, HRA exemption can reduce taxable income by ₹1.5–2L, which is substantial enough to swing the comparison.
• You have a home loan with significant interest outgo (Section 24(b) deduction up to ₹2L for self-occupied property). This is a large deduction that only benefits you under the old regime.
• You maximize the Section 123 / earlier-80C bucket (₹1.5L), contribute ₹50,000 to NPS (80CCD(1B)-style), and pay health insurance premiums. If total deductions exceed ₹4–5L, old regime often wins at ₹15–25 LPA gross.

When the new regime typically produces lower tax

The new regime tends to win when your actual claimable deductions are modest:

• You rent at a low amount, or your company's Basic is structured so that the HRA exemption calculation yields a small number.
• You are young, have minimal Section 123 / earlier-80C investments beyond mandatory EPF (which does not count in new regime), and no home loan.
• Your income is under ₹12L taxable — the new-regime rebate makes your tax nil regardless of deductions.
• Your income is very high (₹30L+ gross). At these levels, the lower slabs in the new regime can outweigh even substantial deductions.

The Section 156 rebate: zero tax for many at lower-mid incomes

For Tax Year 2026–27 (FY 2026–27), the new regime's Section 156 rebate under the Income Tax Act, 2025 (earlier Section 87A framework) provides a full rebate on income tax when taxable income (after the ₹75,000 standard deduction under Section 19(1)) is ₹12 lakh or less. This means: if your gross salary is approximately ₹12.75 LPA or below (₹75,000 standard deduction + ₹12L rebate limit), your income tax under the new regime is effectively zero. Current salary TDS under Section 392(1) should be nil or near-nil. If your employer is deducting significant TDS at this income level under the new regime, verify that your regime declaration has been processed correctly by payroll.

A worked example: ₹18 LPA gross

New regime (Tax Year 2026–27 / FY 2026–27): Gross ₹18L, standard deduction ₹75,000 → taxable income ₹17.25L. Tax on ₹17.25L under new regime slabs (approx.) = ~₹2.2L before cess, ~₹2.29L after 4% cess. Monthly TDS ≈ ₹19,100.

Old regime: Same ₹18L gross, standard deduction ₹50,000, HRA exemption ₹1.4L (typical metro), Section 123 / earlier-80C ₹1.5L, health-insurance style ₹25,000, NPS additional ₹50,000 → taxable income ≈ ₹14.1L. Old regime tax ≈ ₹2.45L after cess. Monthly TDS ≈ ₹20,400.

In this case, new regime produces slightly lower tax. But add a home loan with ₹2L interest deduction and the old regime flips ahead. The numbers depend heavily on individual deduction profiles — which is why there is no universal answer.

Run your exact numbers in the old vs new regime comparison calculator. For HRA specifically, use the HRA exemption calculator to see what your old-regime HRA exemption would be.

How to tell your employer your regime choice

You communicate your regime choice to your employer via Form 12BB (Declaration by Employee). Most large companies have an internal payroll portal where you declare regime at the start of the tax / financial year (April) and submit investment proofs in January–February. For the old regime, you will also need to provide proof of rent paid (for HRA) and investment details for Section 123 / earlier-80C and related deductions. Keep documents ready for your employer's verification process.

For the filing decision (ITR), you can choose differently from what you declared to your employer — and pay or claim the difference as additional tax or refund. But this is a filing-time decision and carries its own complexity. For routine salaried employees, aligning declaration and filing choice is simpler. Consult a qualified chartered accountant if your situation is complex (multiple income sources, capital gains, significant HRA disputes).

What is not available in the new regime

These deductions and exemptions are not available if you choose the new regime: HRA exemption, LTA exemption, professional tax deduction, Section 123 / earlier-80C style savings deductions, many health-insurance and donation-style deductions, home-loan interest for self-occupied property in the familiar old-regime pattern, and most other itemised Chapter VI-A style claims. The new regime does still allow certain employer NPS contributions as a deduction — worth checking if your employer contributes to NPS on your behalf.