At the start of the Financial Year 23-24 I selected Old Regime with my Employer. But now I see that New Regime would be beneficial for me in tax savings. I have few questions regarding this below :
Will I be able to change regime now for filing the ITR ? If so how to do it ?
I would get Form 16 based on Old Tax regime only. So how should I proceed converting it to Old Regime? What I need to consider while converting?
Any prerequisite I have to consider before making any arrangement to opt for New Regime .
Yes, you can switch the regime at the time of filing the ITR. Your Form 16 for this year will be produced based on Old Regime only. You can let your employer know before the start of the next financial year to switch your regime and deduct TDS accordingly.
But, regardless, you can opt for the new regime for filing the ITR and the excess TDS deducted will be issued to you as a refund.
No, carrying forward of losses will not be affected. Only losses from “income from house property” cannot be carried forward in the new income tax regime.
One more query regarding this. Do I have to submit Form 10IE if I want to opt for New Tax Regime ?
In case I file Form 10IE can I go back to Old Regime if need arises ?
As per our conversation in other post I have to file ITR-3 instead of ITR-2 because I have Intraday losses and FnO losses.
From AY 24-25 onwards new regime has been made default. Hence, there’s no need to file form 10-IE and the same has been discontinued. However, as you will be filing ITR-3, you will have to file form 10-IEA in case you want to opt for the old regime.
As the income is below ₹5 lakhs, there will be no tax liability under both regimes. Hence, you can opt for either of the regimes. But, as you have income from business/profession, to switch to the old regime(as the new regime is made default), you will have to file form 10-IEA. To avoid the hassle, you can file under the new regime.
For professionals filing under the 44ADA Presumptive scheme, is it possible for them to switch to the old regime and later return to the new regime? If so, will they be allowed to switch back to the old regime in the future? I read somewhere that the switching is one-time for businesses and professionals, but it’s not clear in which direction.
Yes, you can claim the expenses related to your business. There’s no such limit to the amount of expenses that can be claimed, however, the expense must be incurred solely for business purposes and you must maintain proof of the same.
In the case of individuals with business/professional income, you can only switch the regimes once. As the new regime is made default from FY 23-24 onwards, you will have to file form 10-IEA to opt for the old regime. You will have to file the same form again to opt out of the old regime. Once opted out, you will not be able to opt back in and will have to continue with the new tax regime for the subsequent FYs.
Here’s a detailed read on Form 10-IEA that might help!
In my situation at the beginning of the Financial Year I informed my Employer that I will be choosing Old Regime. But now I am thinking to opt to New Regime. In this case also I do not have to submit Form 10-IE, right ?
Yes, as the new regime is made default, we are assuming that one will not be required to file form 10IE. The process will be more clear once the ITD releases forms for ITR-3.
In case you have ‘income from business or profession’, and are filing ITR-3 or ITR-4, you can switch regimes only once.
Moreover in point 3, we have tried to derive a breakeven point for various income situations. Based on the income, if you have deductions more than the breakeven point, old regime would be beneficial and vise-versa.