Old Tax Regime – Income Tax Act 2025 – Benefits for Salaried Employees

Old Tax Regime — Income Tax Act, 2025
Income Tax Act, 2025 · Tax Year 2026‑27

The Old Regime for
Salaried Employees

A complete guide to the benefits, deductions, and exemptions available when opting out of the default new tax structure under Section 202(1).

Effective from 1 April 2026 6 Key Benefits Covered Illustrative Example Included

Under the Income Tax Act, 2025, the “old regime” refers to the option where a salaried employee chooses to opt out of the default tax structure provided in Section 202(1). While the tax slabs under this option are generally less favourable than the new regime, it allows employees to retain several valuable exemptions and deductions that are otherwise restricted — making it potentially advantageous for those with substantial qualifying expenses and investments.

6 Primary Advantages of the Old Regime
01
Standard Deduction

Salaried employees under the old regime are entitled to a standard deduction of ₹50,000 or the amount of their salary — whichever is lower. This deduction directly reduces taxable salary income without requiring any proof of expenditure.

While this is lower than the ₹75,000 standard deduction offered under the new regime, it remains a meaningful baseline benefit for every salaried taxpayer who opts for the old regime.

₹50,000 flat deduction on salary income
02
Common Exemptions (Not available in the New Regime)

Employees opting for the old regime can continue to claim exemptions for various allowances, provided the specific conditions are met:

  • House Rent Allowance (HRA): Exempt for rent expenses on residential accommodation not owned by the employee. The exempt amount under Rule 279 is the least of: (i) actual HRA received, (ii) rent paid minus 10% of salary, or (iii) 40% / 50% of salary (50% for metro cities).
  • Leave Travel Concession (LTC): Exemption for the value of travel concession received by the employee and their family for travel within India — available for two journeys in a block of four calendar years.
  • Other Special Allowances: Exemptions for allowances granted to meet expenses wholly and necessarily incurred in the performance of official duties — such as travel allowance on tour, helper allowance, or uniform allowance.
03
Deduction for Interest on Housing Loans

Under the old regime, individuals can claim a deduction for interest payable on capital borrowed for the acquisition or construction of a self-occupied residential property. This deduction is capped at ₹2,00,000 per year, subject to the condition that construction is completed within five years from the end of the financial year in which the capital was borrowed.

For properties that are let out, the entire interest is deductible (without the ₹2,00,000 ceiling), subject to certain conditions.

Up to ₹2,00,000 per year on home loan interest
04
Set-off of House Property Loss Against Salary

Taxpayers under the old regime are permitted to set off losses from house property against their salary income. This commonly arises when home loan interest payments exceed the rental income (or notional rent) from a property.

This benefit is specifically denied to taxpayers who compute their income under the default new tax regime — making it a significant exclusive advantage of the old regime for homeowners with housing loans.

Exclusive to old regime
05
Chapter VIII Deductions (Investment-Based)

The old regime preserves the ability to claim a wide range of investment and expense-based deductions — most of which are disallowed under the new regime:

  • Section 123 (PF / LIC / Equity): Aggregate deduction of up to ₹1,50,000 for life insurance premiums, contributions to a recognised provident fund, and specified equity shares or debentures.
  • Section 126 (Health Insurance): Deduction for health insurance premiums or preventive health check-ups — up to ₹25,000 for individuals (or ₹50,000 for senior citizens). Higher limits apply where parents are also insured.
  • Section 129 (Education Loan Interest): Deduction for interest paid on loans taken for higher education — for the employee or their dependants — with no monetary cap, available for up to 8 years.
  • Section 133 (Donations): Deduction for donations made to specified funds or charitable institutions, typically at 50% or 100% of the donated amount depending on the recipient.
06
Tax Rebate for Lower-Income Residents

For resident individuals under the old regime, a tax rebate is available if their total income does not exceed ₹5,00,000. The rebate amount is 100% of the income tax payable, subject to a maximum of ₹12,500 — effectively making income up to ₹5,00,000 tax-free for qualifying residents.

Note: The significantly higher rebate of ₹60,000 (making income up to ₹12,00,000 effectively tax-free) is exclusive to the new regime and is not available under the old regime.

Rebate up to ₹12,500 for income ≤ ₹5,00,000
Old Regime vs. New Regime — At a Glance
FeatureOld RegimeNew Regime (Default)
Standard Deduction₹50,000₹75,000
HRA Exemption✓ Available✗ Not available
LTC Exemption✓ Available✗ Not available
Home Loan Interest (Self-occupied)✓ Up to ₹2,00,000✗ Not available
Set-off of House Property Loss✓ Allowed✗ Not allowed
Section 123 (80C equivalent)✓ Up to ₹1,50,000✗ Not available
Section 126 (Health Insurance)✓ Up to ₹25,000–₹50,000✗ Not available
Section 129 (Education Loan)✓ Available✗ Not available
Section 133 (Donations)✓ Available✗ Not available
Tax Rebate Threshold₹5,00,000 income (rebate ≤ ₹12,500)₹12,00,000 income (rebate ≤ ₹60,000)
Tax SlabsHigher rates, more deductionsLower rates, fewer deductions
Ravi’s Tax Calculation Under the Old Regime

Meet Ravi — a salaried software engineer earning ₹14,00,000 per year. He pays rent, has a home loan, and invests regularly. Let’s see how the old regime works for him.

Annual Salary (CTC)
₹14,00,000
HRA Received
₹2,40,000
Rent Paid (p.a.)
₹1,80,000
Home Loan Interest
₹1,80,000
Section 123 Investments
₹1,50,000
Health Insurance (Sec 126)
₹25,000

Step 1 — Gross Salary & Exemptions

Gross Salary
₹14,00,000
Less: Standard Deduction ₹50,000 flat (Benefit #1)
− ₹50,000
Less: HRA Exemption Least of: ₹2,40,000 / ₹80,000* / ₹5,60,000 → ₹80,000 (Benefit #2)
*Rent − 10% of salary = ₹1,80,000 − ₹1,00,000
− ₹80,000
Income from Salary (after exemptions)
₹12,70,000

Step 2 — House Property (Home Loan)

Less: Home Loan Interest Deduction Self-occupied property, capped at ₹2,00,000 (Benefit #3)
− ₹1,80,000
Gross Total Income
₹10,90,000

Step 3 — Chapter VIII Deductions

Gross Total Income
₹10,90,000
Less: Section 123 (PF + LIC + ELSS) Benefit #5 — capped at ₹1,50,000
− ₹1,50,000
Less: Section 126 (Health Insurance) Benefit #5 — self + parents
− ₹25,000
Net Taxable Income
₹9,15,000

Step 4 — Tax Computation (Old Regime Slabs)

₹0 – ₹2,50,000 @ 0%
₹0
₹2,50,001 – ₹5,00,000 @ 5%
₹12,500
₹5,00,001 – ₹10,00,000 @ 20%
₹83,000
Income Tax before cess
₹95,500
Add: Health & Education Cess @ 4%
₹3,820
Total Tax Payable (Old Regime)
₹99,320
Old Regime Tax
₹99,320
With all applicable deductions
Effective Tax Rate
7.1%
On gross salary of ₹14,00,000
Total Deductions Claimed
₹4,85,000
Bringing taxable income to ₹9,15,000
💡

In this example, Ravi’s total deductions of ₹4,85,000 significantly reduce his tax burden. Taxpayers with high HRA, active home loans, and regular Section 123/126 investments are often better served by the old regime — despite its higher slab rates. If Ravi had minimal investments, the new regime’s lower slabs would likely produce a lower tax bill. Always compare both regimes before filing.

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A Note on the Section 87A Rebate

Under the old regime, resident individuals with a total income of ₹5,00,000 or less are entitled to a rebate equal to 100% of the tax payable, subject to a maximum of ₹12,500 — making their net tax liability nil. This rebate applies before the addition of cess. The substantially larger new-regime rebate of ₹60,000 (covering income up to ₹12,00,000) is not available under the old regime — a key consideration for middle-income taxpayers when choosing between regimes.

This article is for informational and educational purposes only and does not constitute tax or legal advice.
Section references pertain to the Income Tax Act, 2025, effective 1 April 2026. Consult a qualified tax professional for personalised guidance.

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