What is Section 115BAC of Income Tax Act: Slab Rates, Eligibility & Deductions

HUF and individuals are now eligible to select a new tax regime from FY 2020-21. From this financial year, one can opt to pay income tax under an optional new tax regime. This new regime is available for HUFs and individuals with lower tax rates and reduced number of exemptions or deductions.

Let us find out the various vital aspects related to section 115BAC of the Income Tax Act.

During the speech for Budget 2020, India’s Finance Minister announced the insertion of a new section 115BAC into the Income Tax Act, 1961. Section 115BAC of the Income Tax Act was effective from FY 2020-21, and it deals with a new and optional income tax regime for HUFs and individuals.

The new system is applicable for income earned from 1st April 2020 (FY 2020-21). This relates to AY 2021-22.

A key feature of the new regime is that there has been a significant reduction in the income tax slab rates. However, these new rates come at the cost of some vital deductions and exemptions that are presently available under the existing or old regime. While a section 115BAC calculator can prove to be handy for calculating taxes, one should be aware of the applicable slab rates.

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In AY 2021-22, HUFs and individuals can exercise the option to pay income tax according to the new (reduced) income tax slab rates given their total income for the relevant financial year satisfies the conditions mentioned below -

• The calculation for the same is done without any deductions or exemptions provided under the following -
  • Chapter VI-A except those under section 80CCD/ 80JJAA
  • Section 35/ 35AD/ 35CCC
  • Clause (iia) of Section 57
  • Section 24b
  • Clause (5)/(13A)/(14)/(17)/(32) of Section 10/10AA/16
  • Section 32(1)/ 32AD/ 33AB/ 33ABA
• The calculation is carried out without setting off losses from earlier AY due to the deductions stated above or from house property.
• It is calculated without any deduction or exemption with respect to any perquisites or allowances.
• The calculation is done without claiming any depreciation under clause (iia) of Section 32.

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A majority of the income tax deductions are discontinued under the new income tax regime. But the ones mentioned below are allowed under section 115BAC of the Income Tax Act.

• Deduction under section 80CCD(2) (employer’s contribution to one’s pension account).
• Any allowance for the cost of tour or travel or transfer.
• Conveyance allowance for performance of office duties.
• Deduction under section 80JJAA (additional employee cost).
• Daily allowance offered to employees under certain circumstances.
• Transport allowance for differently-abled employees (Divyang).

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As stated in the previous section, there are several exemptions and deductions under section 115BAC. But at the same time, the following are the major ones that have been discontinued under this new regime -

• Major deductions under Chapter VIA (under section 80C, 80CCC, 80CCD, 80DD, 80DDB, 80E, 80EE, 80EEA, 80G, 80IA, etc.)
• Leave Travel Allowance under section 10(5)
• House Rent Allowance (HRA) under section 10(13A)
• Allowances under section 10(14)
• Deduction for Entertainment Allowance and Employment/Professional Tax under section 16
• Depreciation under section 32(iia)
• Deduction for Expenditure or Donation on Scientific Research
• Home loan interest under section 24(b)
• Deductions under section 32AD, 33AB, 33ABA, 35AD, 35CCC
• Deduction from Family Pension under section 57(iia)

One must keep in mind that the new regime is optional in FY 2020-21. Hence, there is always the option to go for the existing or old regime, including all of the aforementioned deductions.

Know more about:- HRA Calculator

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The existing or old tax regime provides different income tax exemptions and deductions. Hence it turns out to be suitable for most taxpayers. This regime might be better suited to the people belonging to the low-to-middle income group if they make adequate investments in various tax-saving schemes.

However, the new regime might be beneficial for those who have not invested significantly in tax-saving schemes like Life Insurance, Equity Linked Savings Scheme (ELSS), National Pension Scheme (NPS), National Savings Certificate (NSC), Employee Provident Fund (EPF), tax-saving Fixed Deposit (FD), etc.

Having mentioned all these, one should note that there is no set formula for deciding between these two regimes. One must calculate the total tax outgo according to both the old and new slab rates before deciding.

Know more about:- National Savings Certificate Calculator

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