February 04, 2026
13 min read
3D illustration showing ITR-1 to ITR-7 income tax return forms with rupee symbol and decision flow for choosing the correct ITR form in India.

Which ITR Form to File in India: ITR-1 to ITR-7 Explained (AY 2026-27)

Choosing the correct Income Tax Return form is as important as calculating your tax correctly. Each year, many taxpayers face defective return notices not because their tax was wrong, but because they filed under the wrong form for their income profile.

The Income Tax Department prescribes different ITR forms for different income structures. Filing under the wrong form can result in the return being treated as invalid under Section 139(9), refunds being withheld, and mandatory refiling with late fees. This guide covers ITR-1 through ITR-7 with clear eligibility conditions, exclusions, and real-life scenarios for AY 2026-27 (FY 2025-26).


Who Is Required to File an ITR in India?

Filing an ITR is mandatory if any of the following conditions apply for FY 2025-26:

  • Total income before deductions exceeds the basic exemption limit applicable to your chosen regime and age category (see table below)
  • A refund of TDS or excess advance tax is due
  • Status as a director in any company during the year
  • Holding of unlisted equity shares at any point during the year
  • Foreign income, foreign assets, or signing authority in a foreign account
  • Residential status as NRI or RNOR with India-sourced income
  • ITR required for loan, visa, or official documentation purposes

Basic Exemption Limits by Regime and Age (FY 2025-26)

CategoryNew RegimeOld Regime
Below 60 years₹4,00,000₹2,50,000
Senior citizen (60 to 79 years)₹4,00,000₹3,00,000
Super senior citizen (80 years and above)₹4,00,000₹5,00,000
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Note: The new regime is the default from FY 2023-24 onwards. Under the new regime, the basic exemption limit is ₹4,00,000 uniformly across all age groups. Age-based higher limits exist only under the old regime.

Why Form Selection Matters

Tax calculation and ITR form selection are two separate steps. A correctly calculated tax liability does not justify using a simpler form if the income profile does not qualify for it.

A return filed under the wrong ITR form can be treated as defective under Section 139(9), even when all taxes are fully paid and the calculation is correct.

The consequences of filing under the wrong form include:

  • Return marked defective, requiring correction within a specified notice period
  • Refunds withheld until the correct form is filed
  • Loss carry-forward disallowed if the wrong form is used
  • Late filing fees under Section 234F if the correction requires refiling after the deadline

Quick Reference: Which ITR Form Is for Whom?

ITR FormWho It Is ForKey Exclusions
ITR-1 (Sahaj)Salaried residents with simple income, total income up to ₹50 lakhCapital gains, business income, directors, NRIs, agricultural income above ₹5,000
ITR-2Investors, directors, NRIs with no business incomeBusiness or professional income of any kind
ITR-3Business owners, professionals, partners in firmsNo exclusions. Most comprehensive individual form
ITR-4 (Sugam)Presumptive taxation cases under 44AD, 44ADA, 44AECapital gains, directors, foreign income, income above ₹50 lakh
ITR-5Firms, LLPs, AOPs, BOIsIndividuals, HUFs, companies
ITR-6Companies registered under the Companies ActEntities claiming exemption under Section 11
ITR-7Trusts, charitable institutions, political partiesRegular business entities, individuals
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ITR-1 (Sahaj): For Simple Salary-Based Income

ITR-1 is the simplest form, designed for resident individuals with straightforward income sources and total income not exceeding ₹50 lakh. All of the following conditions must be satisfied simultaneously.


Eligible to File ITR-1

  • Income from salary or pension
  • Income from one house property, with no brought-forward loss from previous years
  • Income from other sources such as savings account interest or fixed deposit interest
  • Agricultural income up to ₹5,000
  • Total income does not exceed ₹50 lakh
  • Resident individual only (not NRI or RNOR)

Not Eligible for ITR-1

  • Capital gains of any kind: equity, mutual funds, property, or virtual digital assets
  • Business or professional income
  • Status as a director in any company during the year
  • Holding of unlisted equity shares
  • Foreign income, foreign assets, or foreign account signing authority
  • NRI or RNOR residential status
  • Agricultural income exceeding ₹5,000
  • Tax deducted under Section 194N (cash withdrawals above threshold)

ITR-2: For Investors, Directors, and NRIs

ITR-2 covers all income types that ITR-1 cannot accommodate, except business or professional income. It is the appropriate form for salaried individuals who also invest in equity, mutual funds, or property, and for NRIs with India-sourced income.


Eligible to File ITR-2

  • Salary or pension income of any amount
  • Capital gains from shares, mutual funds, property, bonds, or virtual digital assets
  • Income from more than one house property
  • Status as a director in any company
  • Holding of unlisted equity shares
  • Foreign income or foreign assets
  • Residential status as NRI or RNOR
  • Agricultural income exceeding ₹5,000

Not Eligible for ITR-2

  • Any income from business or profession, regardless of amount

ITR-2 is a non-business form. The moment any business or professional income exists, ITR-3 applies instead.


ITR-3: For Business Owners and Professionals

ITR-3 is the most comprehensive individual form. It covers all income heads and is applicable when business or professional income exists and the taxpayer is not opting for presumptive taxation.


Eligible to File ITR-3

  • Income from business or profession with maintained books of accounts
  • Freelancers and consultants not opting for presumptive taxation under Section 44ADA
  • Partners in a partnership firm (income from partnership share is reported here)
  • Directors with business income in addition to directorship salary
  • Any individual whose income does not fit within ITR-4 conditions

ITR-3 Also Covers

  • Salary income
  • Capital gains from all asset classes
  • House property income
  • Income from other sources
  • Foreign income and foreign assets
Important: When business or professional income exists and presumptive taxation is not opted for, ITR-3 is the applicable form. There is no lower income threshold below which ITR-3 can be avoided if business income is present.

ITR-4 (Sugam): For Presumptive Taxation Cases

ITR-4 is available only to individuals, HUFs, and firms (other than LLPs) who opt for the presumptive taxation scheme. It simplifies income computation by allowing a fixed percentage of turnover or gross receipts to be declared as profit, without maintaining detailed books of accounts.


Eligible to File ITR-4

  • Opted for presumptive taxation under Section 44AD (eligible businesses) or Section 44ADA (specified professions) or Section 44AE (goods carriages)
  • Total income does not exceed ₹50 lakh
  • Income from only one house property with no brought-forward loss
  • Resident individual, HUF, or firm (not LLP)

Turnover and Gross Receipt Limits for Presumptive Schemes

SectionApplicable ToTurnover / Gross Receipt LimitDeemed Profit Rate
44ADEligible businesses (traders, contractors)Up to ₹3 crore (if 95%+ receipts are digital); otherwise up to ₹2 crore6% of turnover (digital); 8% (cash)
44ADASpecified professions (doctors, lawyers, architects, engineers, CAs, etc.)Up to ₹75 lakh gross receipts50% of gross receipts
44AEGoods carriage operatorsNot more than 10 goods carriages at any timeFixed amount per vehicle per month
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Key point: The ₹50 lakh total income limit for ITR-4 applies to all income combined, not just business income. Separately, the turnover or gross receipts must be within the limits above for the presumptive scheme to apply. A professional with ₹80 lakh gross receipts cannot use Section 44ADA or ITR-4 regardless of net income.

Not Eligible for ITR-4

  • Capital gains of any kind
  • Status as a director in any company
  • Holding of unlisted equity shares
  • Foreign income or foreign assets
  • NRI or RNOR residential status
  • Gross receipts or turnover exceeding the scheme-specific limits above

ITR-5: For Firms, LLPs, and Other Non-Individual Entities

ITR-5 is applicable to non-individual, non-company entities. It is never used by individuals or HUFs, regardless of income level or structure.


Entities That File ITR-5

  • Partnership firms
  • Limited Liability Partnerships (LLPs)
  • Association of Persons (AOP)
  • Body of Individuals (BOI)
  • Artificial Juridical Person
  • Estate of a deceased or insolvent person
  • Business trusts and investment funds

Key Points

  • ITR-5 does not apply to individuals under any circumstances
  • Partners of a firm file their personal income separately, typically under ITR-3 or ITR-2
  • LLPs cannot opt for presumptive taxation and file ITR-5, not ITR-4

ITR-6: For Companies Registered Under the Companies Act

ITR-6 applies to all companies registered under the Companies Act, 2013 or Companies Act, 1956, whether private limited, public limited, or one-person companies, provided they do not claim exemption under Section 11 (income from property held for charitable or religious purposes).


Key Compliance Points for ITR-6

  • Digital Signature Certificate (DSC) is mandatory. Paper filing is not permitted.
  • Tax audit provisions under Section 44AB apply where turnover exceeds prescribed limits
  • Minimum Alternate Tax (MAT) provisions apply unless the company falls under a specific exemption
  • A company with no transactions during the year is still required to file ITR-6
Exclusion: Companies claiming exemption under Section 11 for income from property held under charitable or religious trust are not eligible to file ITR-6. Such entities file ITR-7 instead.

ITR-7: For Trusts, Charitable Institutions, and Political Parties

ITR-7 is applicable to persons and entities required to furnish a return under specific sections of the Income Tax Act relating to charitable, religious, educational, or political activity.


Entities That File ITR-7

  • Charitable and religious trusts claiming exemption under Sections 11 and 12
  • Institutions claiming exemption under Sections 10(21), 10(22B), 10(23A), 10(23B), 10(23C)
  • Universities, colleges, and educational institutions
  • Hospitals and medical institutions
  • NGOs and non-profit organisations
  • Political parties filing under Section 13A or 13B
Compliance note: Filing ITR-7 is required to continue claiming tax exemption, even in years where no taxable income exists. Failure to file can result in the exemption being denied for that year.

Real-Life Scenarios: Which Form Applies?

Income SituationCorrect ITR FormWhy
Salary only, income below ₹50 lakh, no investments generating capital gainsITR-1Simple salary income, all ITR-1 conditions met
Salary plus equity mutual fund redemptions during the yearITR-2Capital gains disqualify ITR-1
Salary plus directorship in any companyITR-2Director status disqualifies ITR-1 regardless of other income
Freelancer with gross receipts under ₹75 lakh, opting for 44ADAITR-4Presumptive taxation applies, income under ₹50 lakh
Freelancer with gross receipts above ₹75 lakhITR-344ADA not available above ₹75 lakh; books of accounts required
Freelancer salary plus freelance income, not opting for presumptiveITR-3Business income present, presumptive not opted
NRI with salary from Indian employerITR-2NRI status disqualifies ITR-1
Virtual digital assets (crypto) bought and sold during year, no business incomeITR-2VDA gains are capital gains; ITR-1 and ITR-4 cannot report these
Virtual digital assets plus freelance consulting incomeITR-3Business income present alongside VDA gains
Partnership firm annual filingITR-5Non-individual entity
Income below exemption limit but TDS deducted by employerFile to claim refund (ITR-1 if conditions met)Filing is optional below threshold but needed to get refund
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Not certain which ITR form applies to your income profile?

Overlapping income sources such as salary with investments, freelance work, directorships, or foreign assets are where form selection errors most commonly occur. Our advisory team can help you identify the correct form before filing.

Book a 15-Minute ITR Form Clarity Call

FAQs

1. What happens if I file under the wrong ITR form?

The return may be treated as defective under Section 139(9). The Income Tax Department issues a notice requiring correction within a specified period. If not corrected in time, the return may be treated as not filed, which can result in late fees, loss carry-forward being disallowed, and interest on unpaid tax.

2. Can a salaried person with mutual fund investments file ITR-1?

No. Any capital gains, including from mutual fund redemptions, equity shares, or debt funds, disqualify ITR-1. ITR-2 is applicable in this situation. This applies even if the capital gains amount is small.

3. I am a freelancer with income under ₹50 lakh. Which form applies?

It depends on whether presumptive taxation is opted for. If gross receipts are within ₹75 lakh and Section 44ADA is opted for, ITR-4 may apply. If gross receipts exceed ₹75 lakh, or if presumptive taxation is not opted for, ITR-3 applies with books of accounts. Consulting a qualified tax professional is advisable to make this determination accurately.

4. Does a director with no other income need to file ITR-2?

Yes. Director status alone disqualifies ITR-1 regardless of income level or whether remuneration was received. ITR-2 is the correct form for a director with only salary or investment income and no business income.

5. Is crypto income reported in ITR-1 or ITR-2?

Crypto and other virtual digital asset (VDA) income cannot be reported in ITR-1 or ITR-4. If no business income exists alongside VDA gains, ITR-2 applies. If business income is also present, ITR-3 applies. Please consult a SEBI-registered investment adviser or qualified tax professional for guidance on VDA reporting specific to your situation.

6. What is the ITR filing deadline for AY 2026-27?

For salaried individuals filing ITR-1 or ITR-2, the deadline is July 31, 2026. For non-audit business and professional taxpayers filing ITR-3 or ITR-4, the deadline is August 31, 2026. Audit cases filing ITR-3 have until October 31, 2026. A belated return can be filed up to December 31, 2026 with applicable late fees.



Disclaimer: This article is for general information and educational purposes only. It does not constitute investment advice, a recommendation, or an offer to buy or sell any securities or financial instruments. ITR form eligibility conditions, income thresholds, and filing deadlines referenced here are based on publicly available CBDT notifications and are applicable for AY 2026-27 (FY 2025-26). Rules may change in subsequent notifications or budgets. Please consult a SEBI-registered investment adviser or qualified tax professional before making any tax filing or financial decision.


Published At: Feb 04, 2026 12:15 pm
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