Who Qualifies as a Senior or Super Senior Citizen?
Under the Income Tax Act, 1961, an individual resident who is 60 years or older but less than 80 years at any time during the previous year is classified as a Senior Citizen. A Super Senior Citizen is defined as an individual resident who is 80 years or older at any point during the previous year.
Choosing Between the New and Old Tax Regimes
The Finance Act 2023 established the New Tax Regime under Section 115BAC as the default tax regime starting from AY 2024-25. This default status continues for AY 2026-27. Taxpayers can still opt out of the new regime to be taxed under the old regime, which allows various deductions and exemptions.
For non-business cases, this option can be exercised annually directly in the Income Tax Return (ITR) filed on or before the due date under section 139(1). For business cases, taxpayers must file Form-10-IEA on or before the due date to opt out. Re-entering the default regime is also done via Form-10-IEA, but this switch is allowed only once in a lifetime for business cases.
Tax Slabs for AY 2026-27
Under the New Tax Regime, the tax slabs are as follows: Income up to ₹4,00,000 is exempt from tax. Income between ₹4,00,001 and ₹8,00,000 is taxed at 5% on the amount exceeding ₹4,00,000. For income between ₹8,00,001 and ₹12,00,000, the tax is ₹20,000 plus 10% of the amount exceeding ₹8,00,000. Income from ₹12,00,001 to ₹16,00,000 is taxed at ₹60,000 plus 15% of the amount exceeding ₹12,00,000. For ₹16,00,001 to ₹20,00,000, the tax is ₹1,20,000 plus 20% of the amount exceeding ₹16,00,000. Income between ₹20,00,001 and ₹24,00,000 is taxed at ₹2,00,000 plus 25% of the amount exceeding ₹20,00,000. Any income above ₹24,00,000 is taxed at ₹3,00,000 plus 30% of the amount exceeding ₹24,00,000.
Under the Old Tax Regime, the slabs differ. For one category (Senior Citizens), income up to ₹3,00,000 is exempt. Income from ₹3,00,001 to ₹5,00,000 is taxed at 5% of the amount exceeding ₹3,00,000. Income from ₹5,00,001 to ₹10,00,000 is taxed at ₹10,000 plus 20% of the amount exceeding ₹5,00,000. Income above ₹10,00,000 is taxed at ₹1,10,000 plus 30% of the amount exceeding ₹10,00,000.
For another category under the Old Tax Regime (Super Senior Citizens), income up to ₹5,00,000 is exempt. Income from ₹5,00,001 to ₹10,00,000 is taxed at 20% of the amount exceeding ₹5,00,000. Income from ₹10,00,001 to ₹50,00,000 is taxed at ₹1,00,000 plus 30% of the amount exceeding ₹10,00,000.
Additionally, a Health & Education cess of 4% is applicable on the total income tax plus any surcharge in both regimes.
Tax Rebates and Surcharges
Under the New Tax Regime, a tax rebate of up to ₹60,000 is available if the taxable income does not exceed ₹12,00,000. Under the Old Tax Regime, a rebate of up to ₹12,500 is available if the taxable income does not exceed ₹5,00,000.
Surcharge rates also apply based on income limits. For income up to Rs. 50 lakhs, there is no surcharge. For income between Rs. 50 lakhs and Rs. 1 Crore, a 10% surcharge applies under both regimes. For Rs. 1 Crore to Rs. 2 Crores, the surcharge is 15%. For Rs. 2 Crores to Rs. 5 Crores, the surcharge is 25%. For income above Rs. 5 Crores, the surcharge is 25% under the New Tax Regime and 37% under the Old Tax Regime.
Exemption from Filing Returns for Citizens Aged 75 and Above
Section 194P of the Income Tax Act, 1961 provides an exemption from filing income tax returns for senior citizens aged 75 years and above under specific conditions. The individual must be a resident who has only pension and interest income, with the interest income earned from the same specified bank where the pension is received. The senior citizen must submit a declaration to this specified bank. The bank will then deduct TDS after considering Chapter VI-A deductions and Section 87A rebates, relieving the citizen of the requirement to file a return.
Applicable Return Forms: ITR-1 and ITR-4
ITR-1 is applicable for resident individuals with total income up to ₹50 lakh from salary/pension, one house property, other sources (interest, dividend, etc.), and agricultural income up to ₹5,000. However, ITR-1 cannot be used by directors, individuals with short-term capital gains, those with long-term capital gains u/s 112A exceeding Rs. 1.25 lakhs, holders of unlisted equity shares, or those with foreign assets or foreign income.
ITR-4 (Sugam) is a simplified, optional return form for residents (individuals, HUFs, or firms other than LLPs) with total income up to ₹50 lakh who have business or professional income computed on a presumptive basis under sections 44AD, 44ADA, or 44AE.
