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).
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.
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 incomeEmployees 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.
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 interestTaxpayers 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 regimeThe 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.
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| Feature | Old Regime | New 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 Slabs | Higher rates, more deductions | Lower rates, fewer deductions |
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.
Step 1 — Gross Salary & Exemptions
*Rent − 10% of salary = ₹1,80,000 − ₹1,00,000
Step 2 — House Property (Home Loan)
Step 3 — Chapter VIII Deductions
Step 4 — Tax Computation (Old Regime Slabs)
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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Contact UsA 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.