In the Budget 2023, the new tax regime was declared as the default. However, you still have the option to choose between the old and new tax regimes, and opt for the one that is more beneficial.
But you’ll need to file Form 10-IEA first. Let’s break it down.
First things first, what is Form 10-IEA exactly?
It’s a declaration you submit to opt out of the default new regime and switch to the old one. But not everyone has to file it and it only applies if you fall into a certain category of taxpayers.
Who needs to file Form 10-IEA?
This actually depends on your income type. While most of us can simply select the preferred regime while filing the ITR, individuals with business/professional income need to file Form 10-IEA if they want to opt out of new tax regime or want to re-enter in to the new tax regime.
This essentially means, people filing ITR-3 or ITR-4 need to file Form 10-IEA while those choosing ITR-1 or ITR-2 can switch regimes without any extra forms.
Now, what’s new this year?
From assessment year 2025-26 onwards, the income tax forms clearly ask if you’ve opted out of the new regime in previous years (via Form 10-IEA), and what you plan to do this year.
Depending on your choices, you might or might not have to file Form 10-IEA, or simply mention the details of the Form 10-IEA filed in the previous assessment year.
Here’s a table to help you understand better.
Alright, when and where do you file it?
You must file it online on the e-filing portal before your ITR filing due date. Here are the deadlines:
- 31 July – Original return for non-audit
- 31 Oct – Original return if audit is applicable
For AY 2025-26, the ITR filing deadline has been extended to 15th September 2025
Now what happens after you file the form?
Once you submit Form 10-IEA, you’ll get an acknowledgement number. And when you file your ITR, you’ll need to enter these details:
- The acknowledgement number
- The filing date of Form 10-IEA
That’s what confirms your choice of regime.
Can you switch back to the new regime later?
Yes, but there’s a limit. If you have business/professional income, you can only file Form 10-IEA twice in your lifetime, so yeah just two chances — once to opt out of new regime, and second to switch back to new.
After that, you’re locked into the new regime forever, unless you stop having business/professional income. So choose wisely.
Remember, this is only applicable for individuals/HUFs filing ITR-3 or ITR-4 with business/profession income. People selecting ITR-1 or ITR-2 have the option to switch regimes every year.
If you want help with choosing the best regime for you, here’s a post on old vs new regime selection for this AY 2025-26.
Also we have a video on complete guide to ITR filing, especially if you’re filing for the first time.
Have any other questions, ask us in the comments!