Which ITR form should I file?

Short answerIt depends on your income. ITR-1 is for salaried individuals with income up to ₹50 lakh and one house. ITR-2 is for those with capital gains, more than one house, or foreign/NRI income. ITR-3 is for business or professional income. ITR-4 is for presumptive income. The wrong form gets your return marked defective.

Quick guide

  • ITR-1: salary/pension, one house, income up to ₹50 lakh
  • ITR-2: capital gains, more than one house, NRI, foreign assets
  • ITR-3: business or professional income
  • ITR-4: presumptive income (44AD/44ADA)

Common mistakes

If you have capital gains you can’t use ITR-1, and NRIs can’t use ITR-1 or ITR-4. Estimate your position with our income tax calculator or let our filing service pick and file the right form.

Matching the less-obvious cases

A few situations decide the form beyond the headline rule. If you have any capital gains — even a small mutual-fund redemption — you move from ITR-1 to ITR-2. If you’re a director in a company, or hold unlisted shares, ITR-1 and ITR-4 are out, and you generally use ITR-2 (or ITR-3 with business income). A salaried person who also does a bit of freelancing or trading has business or professional income and files ITR-3, or ITR-4 if they opt for presumptive taxation. NRIs can’t use ITR-1 or ITR-4 at all. Agricultural income above ₹5,000 also pushes you out of ITR-1. Picking the wrong form gets the return treated as defective under Section 139(9), with a notice asking you to refile, which can cost you the deadline. Beyond the four common forms there’s ITR-5 (firms and LLPs), ITR-6 (companies) and ITR-7 (trusts). If you missed filing altogether, ITR-U lets you file an updated return for an earlier year within the allowed window, with additional tax. Confirming your income mix — salary, capital gains, business, foreign assets — before you start is what gets the form right first time.

Talk to CA Vijay R Singh

Not sure which ITR form applies to you? You can message him directly, or book a short call to talk through your situation.

This answer is general information for taxpayers, 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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