Wednesday, 18 February 2026

Draft Income-tax Rules, 2026 - Key changes and brief overview

 The Central Board of Direct Taxes (‘CBDT’) has released the Draft Income-tax Rules, 2026, along with accompanying Draft Forms, to operationalize the Income-tax Act, 2025, which is scheduled to come into force on April 1, 2026. These draft rules are currently in the public domain for feedback until February 22, 2026. The new framework aims to simplify compliance by reducing the number of rules from 511 to 333 and forms from 399 to 190. A comprehensive overview of key proposed changes, featuring combined common rules and forms, is tabulated below:

Particulars

Remarks

Old Rule/Form

New Rule/Form

Tax Audit Report

  • Expands reporting requirements to include details of accounting software and cloud storage (including IP address and country location), backup server particulars,
  • Reporting of foreign remittances not subjected to withholding tax,
  • Disclosures relating to utilisation of MAT/AMT credit.

Form 3CA, 3CB, 3CD

Form 26

Transfer Pricing Audit Report

  • Requires detailed disclosure of ALP determination for each transaction, including number of comparables, inter-quartile range and economic adjustments.
  • Mandates specific confirmation on maintenance of TP documentation.
  • Introduces granular reporting for stock compensation, asset cost/depreciation, and software/tools/licenses/ databases provided by AEs or developed in-house.
  • Requires disclosure of travel, and other expenses incurred by AEs for employees of the assessee.
  • Requires reporting of forex fluctuation and subsidies/grants, including confirmation whether recorded in books and considered in ALP computation.
  • Requires disclosure of details of any Advance Pricing Agreement (APA), where applicable.

Form 3CEB

Form 48

Treaty Benefit Documentation

  • Mandatory furnishing of Form 41 for claiming treaty benefits, removing the earlier relaxation where Form 10F was required only if prescribed details were absent in TRC
  • Disclosure of a communication address in India, which may pose practical challenges for non-resident entities without a presence in India.

Form 10F

Form 41

Foreign Tax Credit (FTC)

  • Consolidates FTC compliance by mandating accountant certification for all companies (and others ≥ Rs. 1 lakh tax)

Rule 128 / Form 67

Rule 76 / Form 44

Disputed Foreign Tax

  • Intimation of settlement of foreign tax disputes where credit was not initially claimed
  • Requires evidence of tax discharge within 6 months.

New Provision

Form 45

TCS Due Dates

  • Aligns the due dates for quarterly statements of TCS the existing due dates for TDS statements

Rule 31AA

Rule 219

Defective Returns

  • Scope of defective return prescribed as follows:
  • Applicable schedules/fields are not furnished,
  • Tax audit report (where applicable) is not filed prior to return filing,
  • Updated returns do not disclose tax payment details
  • Mismatch in MAT/AMT credit claimed vis-à-vis credit allowed in the latest return.

New Rule

Rule 166

Form of Appeal before CIT(A)

  • Provides separate disclosure fields for block assessments, regular assessments, penalty matters and TDS assessments.
  • Introduces declaration for repetitive appeals where identical questions of law are pending before the HC or SC.
  • Requires certification that immunity from penalty is not being sought where an appeal is filed.
  • Permits submission of earlier appellate orders on issues already decided.

Form 35

Form 99

Statement of Financial Transactions

  • Rationalises SFT reporting thresholds by reducing the limit from Rs. 10 lakh to Rs. 5 lakh (where PAN is not available) for specified cash transactions and foreign currency transactions.
  • Expands reporting of purchase of RBI-issued prepaid instruments to transactions exceeding Rs. 10 lakh irrespective of mode of payment.
  • Revises immovable property reporting threshold to Rs. 45 lakh from Rs. 30 lakh and expands scope to include gifts and joint development arrangements.
  • Introduces SFT reporting for insurance premium receipts, with graded thresholds of Rs. 10 lakh (PAN available) and Rs. 5 lakh (PAN not available), to be reported by insurers.

Rule 237/ Form 165

Rule 114E/ Form 61A

Motor Car Perquisite

  • Employer-owned motor car (mixed official and personal use): Perquisite valuation significantly increased to Rs. 5,000 p.m. (plus Rs. 3,000 chauffeur) for cars up to 1.6L engine capacity and Rs. 7,000 p.m. (plus Rs. 3,000 chauffeur) for cars exceeding 1.6L
  • Employee-owned motor car (expenses reimbursed by employer): Any reimbursement towards running and maintenance expenses exceeding the prescribed limits proposed to be treated as a taxable perquisite.

Rule 3

Rule 15

HRA Framework

  • Combines expansion of 50% HRA exemption to include Bengaluru, Hyderabad, Pune, and Ahmedabad
  • Requirement to disclose the relationship with the landlord.

Rule 2A / Form 12BB

Rule 279 / Form 124

Tax free meal limit and gifts

  • Elevates tax-free meal limit from Rs. 50/meal to Rs. 200/meal, benefit extended to the new tax regime.
  • Increase gift limit to from Rs. 5,000 p.a. Rs. 15,000 p.a.

Rule 3

Rule 15

Employer Loans

  • Increases the exemption limit for interest-free or concessional employer loans from Rs. 20,000 to an aggregate of Rs. 2,00,000.

Rule 3

Rule 15

Children Education Allowance & Hostel Allowance

  • Increases tax-free limits for:
  • Children Education Allowance from Rs. 100 p.m. per child to Rs. 3,000 p.m. per child
  • Hostel Allowance from Rs. 300 p.m. per child to Rs. 9,000 p.m. per child

Rule 2BB

Rule 280

Leave Travel (LTC)

  • Removes restriction of LTC exemption to economy-class airfare and allows exemption based on the class of travel to which the employee is entitled.
  • Revises LTC valuation where no recognised public transport exists with a fixed limit of Rs. 30/km for the shortest route.

Rule 2B

Rule 278

ITR-1 Eligibility

  • Relaxes eligibility conditions for filing SAHAJ (ITR-1) to include individuals owning up to two house properties.

Rule 12

Rule 164

New Regime Option

  • Dispenses with the requirement to file a separate form for opting into the New Tax Regime, allowing exercise directly in the return.

New Provision

Rule 136


Overall, the Draft Income-tax Rules, 2026 signal a clear transition towards a digitised, disclosure-driven compliance framework with enhanced reporting standards, expanded certifications and increased data alignment across filings. While several proposals aim at simplification through consolidation of rules and forms, they simultaneously introduce deeper reporting obligations requiring early preparedness from taxpayers, auditors and compliance teams.

No comments:

Draft Income-tax Rules, 2026 - Key changes and brief overview

  The Central Board of Direct Taxes (‘CBDT’) has released the Draft Income-tax Rules, 2026, along with accompanying Draft Forms, to operatio...