ITR Filing 2026: Can You Switch From New To Old Tax Regime And Still Claim Deductions Even If Employer Defaulted To New? Explained

ITR Filing 2026 guide: Learn how to switch from new to old tax regime, claim deductions, file Form 10-IEA, and get refunds even if employer chose new regime.

By: Aishwarya Samant
Last Updated: June 14, 2026 11:08:08 IST

Can You Switch Tax Regime While Filing ITR 2026? Yes, salaried individuals are allowed to switch from the new tax regime selected by their employer for TDS purposes to the old tax regime while filing their Income Tax Return (ITR). The tax regime chosen by the employer is only used for the deduction of Tax Deducted at Source (TDS) during the financial year and does not determine the final tax liability of the taxpayer. At the time of filing the ITR, the individual has the freedom to select the most beneficial regime. Therefore, taxpayers can review both options and choose the one that offers maximum tax savings and benefits.

Eligibility To Switch Tax Regime For ITR 2026

Category Eligibility Rules
Salaried Employees Can switch every financial year Can choose between old and new tax regimes at the time of filing ITR. Employer’s choice for TDS does not affect final selection.
Business or Professional Income (ITR-3 / ITR-4) Restricted switching Can switch from new to old tax regime only once in a lifetime. After switching back, reverting again is not allowed.

Step-By-Step Process To Switch Tax Regime & Claim Deductions | Explained

Step 1: File Your ITR Before the Deadline

  • First and most important, make sure you file your Income Tax Return (ITR) before the due date, usually 31st July 2026. If you miss this deadline and file a belated return, you may lose the option to switch regimes and could get locked into the new tax regime.

Step 2: Opt Out of the New Tax Regime in the ITR Form

  • While filling your ITR (ITR-1 or ITR-2), go to the “Personal Information” or “Part-A General” section. Here, you need to select “Yes” for opting out of the new tax regime under Section 115BAC. This step confirms that you want to shift back to the old tax regime.

Step 3: File Form 10-IEA (If Required)

  • If you have income from a business or profession and are filing ITR-3 or ITR-4, you must also submit Form 10-IEA before completing your return. However, this step is not required for salaried individuals filing ITR-1 or ITR-2.

Step 4: Manually Enter Your Deductions

  • Since your employer may not include tax-saving details under the new regime, you need to enter them yourself. This includes:

Section 80C: PPF, ELSS, LIC, EPF

  • Section 80D: Health insurance premium
  • HRA: House Rent Allowance (if applicable)
  • Section 24(b): Home loan interest

Final Outcome

  • Once all details are entered, the system will automatically recalculate your tax under the old regime. If excess TDS has been deducted by your employer, you will receive the eligible amount as a tax refund in your bank account.

Refund Calculation Process For ITR 2026

Once you switch from the new tax regime to the old one while filing your ITR, the system automatically re-works your total tax liability based on the old regime rules. Just see it as a sort of tax re-check, where all your qualifying deductions get reconsidered again and applied once more. Now, if your employer has already deducted excess TDS under the new regime, that extra amount doesn’t really disappear. Instead, it gets adjusted and comes back to you as a tax refund. After the processing is done, the refund is directly credited to your registered bank account. So in the end, you’re taxed more fairly according to the regime you actually choose.

FAQ: Important Points To Remember While Switching Tax Regimes

Q1. What documents should I keep ready while filing ITR?

  • Investment proofs (Section 80C, 80D, etc.)
  • Rent receipts for HRA claims
  • Home loan interest certificates

These documents are not submitted with the ITR but must be safely kept for future verification if required.

Q2. Do I need to upload these documents with my ITR?

  • No, these documents are not uploaded while filing your return.
  • However, they must be maintained as proof in case of any Income Tax Department scrutiny.

Q3. How do I decide which tax regime is better?

  • Compare both the old and new tax regimes carefully.
  • Check your total eligible deductions and exemptions.
  • Choose the regime that gives you the maximum tax savings overall.

Q4. When should I opt for the old tax regime?

  • When your deductions (80C, 80D, HRA, home loan interest, etc.) are high.
  • When they result in more tax savings than the lower slab rates of the new tax regime.

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