Seven Types of ITR Returns - How to Select Correct Return for Your Income Tax Filing

Introduction to ITR Returns

ITR is an abbreviation for Income Tax Return. It is a prescribed format where taxpayers provide details of their income earned during the financial year, along with the tax applicable or payable on that income. This return must be submitted to the Income Tax Department within the designated due date each year.

Who Should File Income Tax Return

An ITR is to be filed by you if you satisfy any of these following conditions:

• If your income exceeds the minimum threshold set by the IT Act.
• if applying for a loan or visa
• if a tax refund is to be claimed
• if you are receiving income from any property or assets held outside India
• if you like to file an ITR even though your income is below the taxable limit
• If it is a Company or Firm, irrespective of profit or loss
• if your income includes receipts from Charitable/Endowment Trusts or other non-profit organizations, boards, trusts, etc.
  

  

The specific type of ITR you need to file depends on various factors, including your income, status (such as whether you are an individual, firm, company, or society), and your current domicile status.

If you are required to submit an Income Tax Return to the Indian Tax Department at the end of each financial year, it's crucial to know the correct type of return to file. While many people rely on professional tax consultants for this process, it's beneficial to understand the different types of forms available for filing with the tax authorities.

Note: The purpose of this article is to simply provide basic information regarding the different types of ITR returns and the applicable forms for your situation. Please be aware that I am not a professional; this content is intended solely for informational purposes.

Seven Types of ITR Returns

There are seven types of ITR returns, ranging from ITR-1 to ITR-7. The return you need to file depends on your total income, the nature and sources of that income, and your professional status.

ITR-1 (Sahaj)

This form applies to all salaried resident individuals and those whose total income is less than ₹50 lakh. The income includes salaries, pension, income from one-house property, and income from other sources like bank interest, deposits, agriculture income (below Rs.5,000), etc.

Who is Not Entitled to file this ITR-1:

1. whose income exceeds 50 lacs
2. who own more than one house
3. individuals having income from business or profession
4. income received from lotteries or bettings
5. agricultural income exceeding Rs.5,000
6. a Director or one receiving income towards capital gains
7. one having foreign income or assets outside of India
8. any other income not mentioned above

ITR- 2

This form applies to an individual or Hindu Undivided Family (HUF) with income from foreign assets and other sources who is not eligible to submit ITR- 1. The total income can be more than 50 lacs. He can own more than one house.

The income can include salaries, pension, income from house property, foreign income, income from lotteries and winnings, agricultural income exceeding Rs.5,000; income of spouse or child which is to be clubbed with the individual's income for assessment, income from capital gains including crypto income, etc.

Such individual need not be necessarily a Resident of India. He can be a non-resident (NRI) or resident but not ordinarily a resident (RNOR).

Who is Not Entitled to file ITR- 2 :-

Individuals with income from Business or Profession are not entitleded to file ITR- 2. (They should use either ITR- 3 or ITR- 4 as the case may be.)

ITR- 3

This form is applicable to individuals and HUF who are not entitled to submit ITR- 1, ITR- 2, or ITR- 4 provided their income includes income from Business, Profession, or Partnership Firms. Total income can exceed Rs.50 lacs.

The following are eligible to file this ITR:

• one who is carrying on a proprietary business or profession not opted for presumptive income ( business or profession with incomes within 50 lacs are allowed to pay taxes at a presumptive rate on certain percentage of the total revenue if they do not maintain books of accounts)
• having income from proprietary business or profession not opted for presumptive income
• having crypto income (to be declared under business income)
• having income from Partnership
• their income can include salary, pension, etc.
• any business or firm who are required to maintain books of accounts and get them audited
• has invested in unlisted equity shares during that year

Who Cannot file ITR- 3:

Any individual with income calculated on presumptive basis can not file ITR- 3. He should file ITR-4 in such cases.

ITR- 4

This Return can be filed by an individual , HUF, or Partnership firms whose income does not exceed Rs.50 lacs but a part of the income or whole is calculated at a presumptive basis under Sections 44AD, 44AE, and 44ADA of IT Act. 

Declaration of income on presumptive basis is allowed to facilitate taxpayers indulged in small businesses (revenue not exceeding Rs.50 lacs per year).

• Resident Indian with income from Business, Profession, Partnership (calculated on presumptive basis)
• income from salaries, one house property, other sources including business/profession not exceeding Rs.50 lacs.
• income as a freelancer (within that Rs.50 lac limit)

Who Cannot file ITR- 4:

• Whose total income exceeds 50 lacs can not file ITR- 4. He should file ITR- 3 in that case.
• If the business turnover (from which the income is derived) exceeds Rs.2 crores, he cannot file ITR- 4. In such case, he should file ITR- 3 only.
• If owns more than one house
• If not a Resident
• If Director in a company
• If owns foreign asset or income

ITR- 5

This Return is applicable to Association of Persons (AOP), Body of Individuals (BOI), Firms, and Limited Liability Partnership (LLP).

Also applies to Estates of Deceased or Insolvent, investment, and fund Business Trusts.

ITR- 6

This Income Tax Return is for Companies (provided they do not claim exemption under Section 11 of the IT Act).

ITR- 7

This Return is applicable to following individual/companies:

Section 139/4a- charitable and religiousTrusts

Section 139/4b- political parties

section 139/4c- scientific research institutions and News agencies, and Hospitals, etc.

section 139/4d- Educational institutions, Universities, Colleges, and Khadi/Village Industries  

Income Tax Rates for FY 2024-25 for Salaried Persons and Individuals

The Income Tax Slabs and Rates were amended during previous financial years by introducing the new tax regime in 2022-2023 and making subsequent amendments.

So, from the financial year 2024-25 (AY 2025-26), our Indian government has made the new tax regime the default regime.

But, the taxpayers can opt out of the new tax regime and choose to be taxed under the old regime.

1. For non-business taxpayers, the option can be exercised yearly while filing the ITR returns. So, they can switch back to the old regime or return to the new regime each year as per their likes and whims.
2. However, people with income from other sources, such as business, investments, or professional services, have this option only once in their lifetime: to switch to the old regime or switch back to the new regime.

To utilize this one-time option, they must furnish Form 10-EA on or before the due date of filing the return.

Old Tax Regime vs New Tax Regime

If you choose the old tax regime, you can claim deductions under various options of Chapter VI A of the Income Tax Act, such as HRA, LIC premiums, contributions to EPF and pension schemes, interest received from banks, health insurance premiums, medical treatment, interest paid on home loans, etc.

But the above deductions are not allowed if you opt for the new regime. In such cases, only the interest paid on house loans, contributions to the Central Government Pension Scheme (14%), and contributions to the Agnipath Scheme are allowed.

In either case, you will be paying more or less the same amount of tax (as both calculations are designed to squeeze as much tax as possible so there won't be much variation).

Now, let us have a look at the Income Tax slabs and Rates for Salaried Individuals.

Income Tax Slabs and Rates

I will provide the income tax rates for the new regime first, and then, the rates under the old regime.

Please note that these slabs and corresponding rates apply to individuals below the age of 60 and not to others.

Slabs & Rates Under New Tax Regime

Slabs and Rates Under Old Tax Regime

Note:-

Deductions under specific sections are allowed for those opting to be taxed under the Old Tax Regime as per the prevailing old practices, prior to introduction of the New Regime. These allowances shall be discussed in my upcoming articles.