Section 115BAC of the Income Tax Act, introduced by the Finance Act 2020, has become a popular topic of discussion among taxpayers in India. This section provides an alternative tax regime for individual taxpayers who wish to opt-out of the existing tax regime and pay taxes at lower rates. In this blog, we will discuss Section 115BAC in detail, covering its provisions, benefits, and eligibility criteria.
Introduction
Section 115BAC is a new section introduced by the Finance Act 2020. It provides an option to taxpayers to choose between two tax regimes – the existing tax regime and the new tax regime. The new tax regime comes with lower tax rates but also eliminates certain deductions and exemptions that are available under the existing regime.
Eligibility criteria
The new tax regime is available to all individual taxpayers, including Hindu Undivided Families (HUFs), who are not engaged in any business or profession. Taxpayers who have income from business or profession are not eligible for the new tax regime.
Tax rates
The new tax regime comes with lower tax rates as compared to the existing tax regime. The following table shows the tax rates applicable to individual taxpayers under the new tax regime:
| Income Range | Tax Rate |
|---|---|
| Up to Rs. 2.5 lakhs | Nil |
| Rs. 2.5 lakhs – Rs. 5 lakhs | 5% |
| Rs. 5 lakhs – Rs. 7.5 lakhs | 10% |
| Rs. 7.5 lakhs – Rs. 10 lakhs | 15% |
| Rs. 10 lakhs – Rs. 12.5 lakhs | 20% |
| Rs. 12.5 lakhs – Rs. 15 lakhs | 25% |
| Above Rs. 15 lakhs | 30% |
Deductions and exemptions
The new tax regime eliminates several deductions and exemptions that are available under the existing tax regime. Some of the deductions and exemptions that cannot be claimed under the new regime are:
- Standard deduction of Rs. 50,000 for salaried taxpayers
- Leave Travel Concession (LTC)
- House Rent Allowance (HRA)
- Deduction under Section 80C for investments in Provident Fund (PF), Public Provident Fund (PPF), National Pension Scheme (NPS), etc.
- Deduction under Section 80D for medical insurance premium
- Deduction under Section 80G for donations to charitable institutions
Benefits of the new tax regime
The new tax regime offers several benefits to taxpayers. Some of the key benefits are:
- Lower tax rates: The new tax regime comes with lower tax rates as compared to the existing regime. This can lead to substantial tax savings for taxpayers.
- Simplified tax structure: The new tax regime eliminates several deductions and exemptions, making the tax structure simpler and easier to understand.
- Reduced compliance burden: With fewer deductions and exemptions, taxpayers will have to spend less time and effort in maintaining records and filing tax returns.
- Flexibility: Taxpayers can choose between the existing tax regime and the new tax regime, depending on which regime is more beneficial to them.
In addition to the benefits discussed earlier, there are a few other things that taxpayers should keep in mind when considering Section 115BAC. These include:
- Switching between regimes: Once a taxpayer chooses the new tax regime, they cannot switch back to the old regime in the same financial year. However, taxpayers have the option to switch between the two regimes every year, depending on which regime is more beneficial to them.
- Impact on deductions: While the new tax regime eliminates several deductions and exemptions, taxpayers may still be eligible for certain deductions and exemptions that are not affected by the new regime. For example, deductions under Section 80CCD(1B) for contributions to the National Pension Scheme (NPS) and exemptions for agricultural income are not affected by the new regime.
- Impact on capital gains: The new tax regime does not affect the tax rates applicable to capital gains. Taxpayers who have capital gains will still have to pay taxes at the existing rates applicable to them.
- Opting for presumptive taxation: Taxpayers who are engaged in business or profession and have turnover up to Rs. 2 crores can opt for presumptive taxation under Section 44ADA or Section 44AD of the Income Tax Act, respectively. Under presumptive taxation, taxpayers are deemed to have earned a certain amount of income, and taxes are calculated based on that amount. Taxpayers who opt for presumptive taxation cannot claim any deductions or exemptions and are required to pay taxes at a flat rate. Taxpayers who opt for presumptive taxation can still choose between the existing tax regime and the new tax regime.
Apart from the benefits and considerations mentioned earlier, there are a few other important points to keep in mind regarding Section 115BAC.
- Applicability for senior citizens and super senior citizens: Senior citizens and super senior citizens, who are 60 years or older and 80 years or older respectively, are also eligible to opt for the new tax regime. However, they will not be able to claim the senior citizen tax benefit of up to Rs. 50,000, which is available under the existing tax regime.
- Tax benefits for homebuyers: Taxpayers who have availed of a home loan to buy a house and are claiming tax benefits on the interest paid on the loan can choose between the existing and new tax regimes. Under the new tax regime, taxpayers cannot claim the deduction on interest paid on the home loan under Section 24(b) of the Income Tax Act, which is available under the existing tax regime.
- Tax benefits for charitable donations: Taxpayers who wish to claim tax benefits for charitable donations can choose between the existing and new tax regimes. Under the new tax regime, taxpayers cannot claim the deduction for donations made to certain charitable institutions under Section 80G of the Income Tax Act, which is available under the existing tax regime.
- Tax rates for non-resident Indians: Non-resident Indians (NRIs) who have income in India are subject to tax in India. NRIs can also choose between the existing and new tax regimes. However, the tax rates applicable to NRIs are different from those applicable to resident taxpayers.
Conclusion
Section 115BAC of the Income Tax Act, introduced by the Finance Act 2020, provides an alternative tax regime for individual taxpayers who wish to opt-out of the existing tax regime and pay taxes at lower rates. While the new tax regime comes with several benefits, taxpayers should carefully evaluate their options before making a decision. Taxpayers should consider their income, deductions, exemptions, and future financial goals before choosing between the two tax regimes. It is advisable to seek the advice of a tax expert before making a decision.
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Frequently Asked Questions (FAQs)
Q1.) What is Section 115BAC of the Income Tax Act?
Section 115BAC is a new alternative tax regime introduced in the Union Budget 2020 for individual taxpayers in India.
Q2.) Who is eligible to opt for the new tax regime?
Individual taxpayers who do not have any business income and whose total income does not exceed Rs. 50 lakhs are eligible to opt for the new tax regime.
Q3.) Can taxpayers switch between the existing and new tax regimes?
Taxpayers have the option to switch between the existing and new tax regimes every year, depending on which regime is more beneficial to them.
Q4.) What are the tax rates applicable under the new tax regime?
The tax rates under the new tax regime are lower than the tax rates under the existing tax regime. The tax rates range from 5% to 30%, depending on the income slab.
Q5.) Are there any deductions and exemptions available under the new tax regime?
The new tax regime eliminates several deductions and exemptions, such as deductions under Section 80C, 80D, and 80TTA. However, taxpayers may still be eligible for certain deductions and exemptions that are not affected by the new regime.
Q6.) What is presumptive taxation under Section 44ADA and Section 44AD?
Presumptive taxation is a simplified taxation scheme for small businesses and professionals whose turnover or gross receipts do not exceed a certain limit. Under presumptive taxation, taxpayers are deemed to have earned a certain amount of income, and taxes are calculated based on that amount.
Q7.) Can senior citizens and super senior citizens opt for the new tax regime?
Yes, senior citizens and super senior citizens can also opt for the new tax regime. However, they will not be able to claim the senior citizen tax benefit of up to Rs. 50,000, which is available under the existing tax regime.
Q8.) Can taxpayers claim tax benefits on home loans under the new tax regime?
Taxpayers who have availed of a home loan to buy a house and are claiming tax benefits on the interest paid on the loan can choose between the existing and new tax regimes. However, under the new tax regime, taxpayers cannot claim the deduction on interest paid on the home loan under Section 24(b) of the Income Tax Act.
Q9.) Can taxpayers claim tax benefits for charitable donations under the new tax regime?
Taxpayers who wish to claim tax benefits for charitable donations can choose between the existing and new tax regimes. However, under the new tax regime, taxpayers cannot claim the deduction for donations made to certain charitable institutions under Section 80G of the Income Tax Act.
Q10.) How can taxpayers determine which tax regime is more beneficial to them?
Taxpayers should evaluate their options and consider their income, deductions, exemptions, and future financial goals before choosing between the existing and new tax regimes. It is advisable to seek the advice of a tax expert before making a decision.
