Can I choose the new tax regime as an NRI?

Short answerYes. NRIs can opt for the new tax regime, which is now the default. It has wider slabs and a higher basic exemption (₹4 lakh for FY 2025-26) but fewer deductions. Note the Section 87A rebate is not available to NRIs under either regime, so weigh the two on your actual income.

Both regimes are open to NRIs

An NRI can choose between the old regime (lower slabs but with deductions) and the new regime (wider slabs, higher basic exemption, but most deductions removed). The new regime is the default; you opt for the old one if it suits you better.

The trade-off

The new regime helps if you have few deductions. The old regime can win if you have significant deductions — though many of these (like 80C investments) are less relevant to NRIs. Remember the 87A rebate is unavailable to NRIs in either regime, and certain NRI restrictions apply. Confirm current slabs before choosing.

A worked example

Example: an NRI with ₹8 lakh of rental income and little to deduct usually pays less under the new regime. One with a let-out property carrying large interest might find the old regime better. Run both before filing — the choice can usually be made each year if you have no business income. If you do have Indian business or professional income, the freedom to switch is restricted: once you move to the old regime you may not be able to flip back freely, so the first choice carries more weight. Because the new regime is now the default, doing nothing means you are taxed under it — which is fine for most NRIs, but worth a deliberate check rather than an accident. Our NRI tax service can compare them for you.

Talk to CA Vijay R Singh

Want to know which regime is better for you? You can message him directly, or book a short call to talk through your situation.

This answer is general information for NRIs, not tax advice. Tax rates, thresholds and forms change with each Finance Act — please confirm the current position for your own facts, or speak to us, before acting.

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