Who files Form 10-IEA?
A person who has income from business or profession, and who wants the old tax regime, files Form 10-IEA before the due date of the return. The new regime under section 115BAC is the default. A person with no business or profession income does not file this form.
Who files it?
Section 115BAC covers an individual, a Hindu undivided family, an association of persons other than a co-operative society, a body of individuals, and an artificial juridical person. A company does not use this form. A firm does not use it. The form asks for the name as on the PAN, the assessment year, whether the person is opting out or withdrawing an earlier opt-out, whether there is business or profession income, and whether the person has a unit in an International Financial Services Centre. Which return form follows is on the ITR forms page.
When is it filed?
The form is filed on the e-filing portal on or before the due date in section 139(1). That date is 31 July for a person who does not need an audit. It is 31 October where the accounts are audited. It is 30 November where section 92E applies. For assessment year 2026-27, 31 July 2026 has passed. A person whose return is still due on 31 October 2026 can file the form before that return. The form is verified with a digital signature or an electronic verification code, and the portal issues an acknowledgement number. The dates are on the return due-date page.
Can the choice be changed?
For a person with business or profession income, the opt-out applies to later years until it is withdrawn. The withdrawal can be made only once, and for a year other than the year of the opt-out. After that withdrawal, the person cannot opt out again, unless the person ceases to have income from business or profession. A person without that income chooses the regime in each year’s return.
What happened to Form 10-IE?
Form 10-IE was the form used to opt into the new regime up to the financial year 2022-23. From the financial year 2023-24 the new regime is the default, so that form is not the way in. Form 10-IEA is the way out, and only for a person who has business or profession income. Filing nothing leaves the person on the new regime.
Frequently asked questions
Four questions cover salary, the due date, a company, and a second opt-out.
Does a salaried person file Form 10-IEA?
No, if that person has no income from business or profession. The choice of regime is made in the return for that year.
Is the due date always 31 July?
No. The form is due before the return due date under section 139(1). That date is 31 July where no audit applies, 31 October where the accounts are audited, and 30 November where section 92E applies.
Does a company file this form?
No. Section 115BAC applies to an individual, a Hindu undivided family, and the other persons the section names. A company is taxed under the company rates.
Can the old regime be chosen again after returning to the new one?
No. A person with business or profession income can withdraw the opt-out only once. After that withdrawal, the person cannot opt out again unless the business or profession income ceases.
Sources
The default regime is section 115BAC of the Income-tax Act, as amended by the Finance Act, 2023. Form 10-IEA is filed on the income-tax e-filing portal. The return dates are on the due-date guide.