New Income Tax Act 2025: What Changed From April 2026 and What Did Not
In short
The Income-tax Act, 2025 replaced the 1961 Act on 1 April 2026 and governs tax year 2026-27, the income you earn from that date. It replaces previous year and assessment year with a single tax year, cuts 819 sections to 536, and renumbers forms such as Form 16 to Form 130, while slabs, the standard deduction and capital gains rates carry over. Returns for FY 2025-26 still follow the 1961 Act. This guide separates renumbering from real changes for individuals.
The Income-tax Act, 2025 replaced the 1961 Act on 1 April 2026 and governs tax year 2026-27, meaning income you earn from 1 April 2026. It reorganises and renames the law rather than creating a new tax: slabs, rates and most limits carry over. Returns for FY 2025-26 (assessment year 2026-27) still follow the 1961 Act.
Which Act covers which year
| Income period | Name | Act | What it means for you |
|---|---|---|---|
| FY 2025-26 | Assessment year 2026-27 | Income-tax Act, 1961 | Return uses the old ITR forms. The 31 July 2026 date has passed; a belated return is allowed until 31 December 2026 with a fee of ₹5,000 (₹1,000 if income is ₹5 lakh or less) |
| FY 2026-27 | Tax year 2026-27 | Income-tax Act, 2025 | Return due 31 July 2027 for individuals who need no audit (s. 263(1)). Advance tax for this year already follows the 2025 Act. New ITR forms come under the Income-tax Rules, 2026, to be notified before the due date per the CBDT FAQ |
| Earlier years | AY 2025-26 and before | Income-tax Act, 1961 | Pending proceedings, and proceedings started after 1 April 2026 for tax years beginning before that date, continue under the 1961 Act (s. 536(2)(c)) |
Change 1: one "tax year" replaces previous year and assessment year
Section 3 defines a tax year as the twelve months of the financial year starting 1 April, and Section 4 charges tax on the income of that tax year. The assessment year is discontinued. A tax year can be shorter than twelve months when a business or source of income starts mid-year. Where the 2025 Act refers to a tax year starting on or before 1 April 2025, it is read as the matching previous year (Section 536(3)), so "tax year 2024-25" means previous year 2024-25, which was AY 2025-26.
Change 2: section numbers moved
The new Act has 536 sections and 16 schedules, against 819 sections and 14 schedules, in the same 23 chapters. TDS provisions that sat in sections 192 to 194T are now two sections: 392 for salary and 393 for everything else, with tax collected at source in 394. The CBDT utility lists no corresponding provision for Sections 206AB and 206CCA, the higher TDS and TCS rates for people who have not filed returns, so do not assume they carried over. Use the 1961 numbers for FY 2025-26 returns and the 2025 numbers from tax year 2026-27.
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| Topic | Income-tax Act, 1961 | Income-tax Act, 2025 |
|---|---|---|
| Year concept | 3 (previous year); assessment year | 3 (tax year) |
| TDS on salary | 192 | 392 |
| Other TDS | 193, 194 series | 393 |
| House property deductions | 24 | 22 |
| Capital gains | 45 | 67 |
| Sale of house, reinvest in house | 54 | 82 |
| Other asset sold, reinvest in house | 54F | 86 |
| Capital gain bonds | 54EC | 85 |
| Equity short-term gains | 111A | 196 |
| Long-term gains | 112 | 197 |
| Equity long-term gains | 112A | 198 |
| Gifts above ₹50,000 | 56(2)(x) | 92(2)(m) |
| Life insurance, PF, ELSS deduction | 80C | 123 |
| Health insurance deduction | 80D | 126 |
| Education loan interest | 80E | 129 |
| New tax regime | 115BAC | 202 |
| Rebate | 87A | 156 |
| Return of income | 139 | 263 |
| Late filing fee | 234F | 428 |
| Carry forward of capital losses | 74 | 111 |
| Advance tax instalments | 211 | 408 |
| Presumptive taxation | 44AD, 44ADA, 44AE | 58 |
Change 3: forms were renumbered
| Form | Old number | New number |
|---|---|---|
| TDS certificate on salary | Form 16 | Form 130 |
| TDS certificate, non-salary | Form 16A | Form 131 |
| Annual Information Statement | Form 26AS | Form 168 |
| Declaration for no TDS | Form 15G, 15H | Form 121 |
| Employee's claim statement for salary TDS | Form 12BB | Form 124 |
| Foreign remittance information | Form 15CA, 15CB | Form 145, 146 |
For FY 2025-26 employers still issue the old Form 16 (due 15 June 2026). For tax year 2026-27 the salary certificate is Form 130, due 15 June 2027, per the CBDT transition FAQ. See our Form 16 guide and Form 15CA/15CB guide.
Change 4: return deadlines and fees
For tax year 2026-27 onwards, Section 263 allows a belated return within nine months of the end of the tax year and, after the Finance Act 2026, a revised return within twelve months, up from nine. Section 428 sets a fee of ₹1,000 if income is ₹5 lakh or less and ₹5,000 otherwise, both for a late return and for a revised return filed after nine months. The updated return (ITR-U) stays at 48 months from the end of the financial year after the tax year. To carry forward a capital loss you must still file the return by the due date. See our revised return guide for the 1961 Act position on AY 2026-27.
Change 5: Finance Act 2026 changes layered on top
- Share buy-backs: the consideration is charged as capital gains rather than as dividend, from tax year 2026-27, with an additional tax for promoters. See our buy-back guide.
- Sovereign Gold Bonds: the redemption exemption applies only to an individual who held the bond from original issue until maturity.
- Securities transaction tax: futures rise from 0.02% to 0.05%, sale of options from 0.1% to 0.15% of premium, and exercised options from 0.125% to 0.15% of intrinsic price, from 1 April 2026.
- A resident individual or HUF buying property from a non-resident does not need a TAN to deduct tax, from 1 October 2026 per the Finance Bill memorandum.
What did not change
| Item | Rule | Section |
|---|---|---|
| New-regime slabs | Nil to ₹4 lakh, then 5%, 10%, 15%, 20% and 25% in ₹4 lakh steps, and 30% above ₹24 lakh | 202(1) |
| Standard deduction | ₹75,000 in the new regime, ₹50,000 otherwise | 19(1) |
| Rebate | ₹60,000 if income is up to ₹12 lakh in the new regime; ₹12,500 up to ₹5 lakh in the old | 156 |
| Equity capital gains | 20% short-term; 12.5% long-term above ₹1.25 lakh | 196, 198 |
| Gifts from non-relatives | Taxable above ₹50,000 in a year | 92(2)(m) |
| Advance tax instalments | 15% by 15 June, 45% by 15 September, 75% by 15 December, 100% by 15 March | 408 |
| Deductions such as 80C and 80D | Continue as Chapter VIII (sections 123, 126); the new regime bars most of them | 202(2) |
An option exercised under the 1961 Act is treated as exercised under the matching 2025 provision (Section 536(2)(f)), so you do not re-opt for the new regime because of the changeover.
What to do differently
- Write "tax year 2026-27" on new documents and in your records; there is no AY 2027-28 for this income.
- Use old section numbers when you file the FY 2025-26 return, and new ones for FY 2026-27 planning and advance tax.
- Keep both Form 16 versions straight: the old form for FY 2025-26, Form 130 for FY 2026-27.
- Losses and rights from FY 2025-26 carry into the new Act if you filed on time (Section 536(2)). See our ITR guide for AY 2026-27.
Frequently Asked Questions
Does the Income-tax Act, 2025 change my tax rates?
Which Act applies to the ITR I file for FY 2025-26?
What is a tax year?
Is Section 80C still available?
What happens to notices and assessments for earlier years?
Sources
- 1.Income-tax Act, 2025 as amended by Finance Act, 2026 (Income Tax Department)
- 2.CBDT utility: Income-tax Act 1961 vs 2025 and Rules 1962 vs 2026 (section and form comparison)
- 3.CBDT FAQs on Interplay and Transition from the 1961 Act to the 2025 Act
- 4.e-Filing portal: Objective and scope of the New Act (FAQ)
- 5.e-Filing portal: Income Tax Returns FAQs under the Income Tax Act 2025
- 6.Finance Act, 2026 (Ministry of Law and Justice, via Income Tax Department)
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Personal Finance Editor · 8+ years
Personal Finance Editor with 8+ years of experience in financial journalism, covering credit cards, loans, insurance, and investments for Indian consumers.
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