The Finance Minister, Nirmala Sitharaman had presented the Budget 2020 on February 1, 2020. The introduction of the
new tax regime took place in the previous budget, and this regime is available only to individuals and HUF where they need to opt by using Form 10-IE.
Under the new tax regime, taxpayers can pay lesser tax on the total income with reduced tax rates. Also, taxpayers cannot claim the deductions and tax benefits otherwise available in the old tax regime.
Before filing the
Income Tax Return (ITR) of the relevant Financial Year (FY), the taxpayer has to choose. Tax Payer also need to communicate the selection to the Income Tax Department before filing the ITR.
The Central Board of Direct Taxes (CBDT) has released Form 10-IE. Any person who wishes to pay income tax as per the new tax regime has to communicate their choice to the Income Tax Department through form 10-IE.
If a taxpayer wants to opt-out of the new tax regime, the same form 10-IE must be submitted before filing the income tax returns for the relevant Financial Year (FY).
Switching between Old Tax Regime & New Tax Regime
1. Business Income
- Individuals having business income are not eligible to choose between the new and old tax regimes every year. Once they have opted for the new tax regime, they only have a one-time option of switching back to the old tax regime in their lifetime. Once they switch back, they cannot opt for a new tax regime again.
- Essentially, people with business income may have to fill Form 10-IE twice – once to use the new tax regime and the second time to switch back to the old regime.
2. No Business Income
An individual with salaried income and no business income can choose between the old and new tax regimes every year. If the individual does not have a business or profession income, they do not have to file the Form 10IE. Instead, they can select the option under 115BAC while filing the ITR 1 or 2.
As per the income tax laws, an individual having business income shall submit this form before the due date of filing ITR, i.e. July 31 (unless extended by the government). For salaried individuals, they can submit the form before/at the time of ITR filing.
1. Log in to the income tax portal
Login to the portal using valid credentials and navigate to e-File > Income Tax Forms > File Income Tax Forms
2. Form 10IE option
Taxpayers will find the form 10IE option under the Persons with Business / Profession Income tab.
3. File Form 10IE Process
Click on the option to File Now. On the next screen, select the relevant assessment year and click on continue.
4. Preview Page
Provide the details for the four sections mentioned on the application page.
5. Assessing Officer
The information on this page will be prefilled. Verify the details in case of any error and click on confirm.
6. Basic Information
Personal details such as name, PAN, date of birth and address are prefilled from the profile page. Verify such details. Select the appropriate option under the nature of business or profession tab (if any) and save these changes.
7. Additional Information
Select yes if the taxpayer has any unit in the IFSC. If yes, you will view a drop-down where you will have to enter additional details such as: name of the unit, address of the unit and nature of business or activities. Once done, save these details.
8. Verification Stage
The final step of filing Form 10IE is the verification stage. Review the information presented on this screen and click on the option to save this information.
9. Preview
Finally, preview all of these details and proceed to e-verify these details to complete the filing o this form. You can also download this preview page for your reference.
10. E-Verify Form 10IE
Select from any of the options provided to e verify the form 10IE to complete the process. On completion, you will receive the acknowledgement number which you shall require while filing your ITR.
Contents of Form 10-IE
Given below are the basic details that we need to enter in form 10IE:
- Name of the individual/HUF
- Confirmation – Whether the individual/HUF has any income under the head profit or gains from business or profession
- PAN
- Address
- Date of Birth/Incorporation (in dd/mm/YYYY format)
- Nature of Business/Profession
- Confirmation – If a taxpayer has any unit in International Financial Services Centre (IFSC), as referred to in sub-section (1A) of section 80LA. (if yes, the details have to be provided)
- Details of the previous form 10-IE filed (If applicable)
- Declaration
The notification has clarified that taxpayers need to file the form electronically. Taxpayers can file the form on the IT Portal to opt for the new tax regime for FY 2020-21 onwards. The form will be filed using either a digital signature certificate or an electronic verification code.