Which ITR Form Applies to You? Salary, Business, Capital Gains and NRI Cases

Filing the wrong ITR form is one of the most common reasons a return is treated as defective, which leads to a notice asking you to file again. The right form depends on who you are (resident or NRI, individual or firm) and what kind of income you have. Here is a simple guide for the forms notified for AY 2026-27, that is, income earned in FY 2025-26.

Quick selector

Your situation Form
Resident, salary/pension + up to two house properties + interest, total income up to ₹50 lakh, and LTCG on listed shares/equity funds up to ₹1.25 lakh ITR-1 (Sahaj)
Capital gains beyond that (short-term gains, property sale, debt funds, crypto), income above ₹50 lakh, foreign assets or income, director of a company, unlisted shares, NRI or RNOR, no business income ITR-2
Business or professional income on regular books, including F&O trading, intraday trading, and partners in firms ITR-3
Presumptive income (44AD business at 6%/8%, 44ADA profession at 50%, 44AE transporters), resident, total income up to ₹50 lakh ITR-4 (Sugam)
Firms, LLPs ITR-5
Companies ITR-6
Trusts, political parties, institutions ITR-7

ITR-1 (Sahaj): who can and can’t use it

Can use (resident individuals only):

  • salary or pension
  • income from up to two house properties. This was one property until last year
  • other sources: interest, dividends, family pension
  • LTCG under section 112A up to ₹1.25 lakh (listed equity shares and equity mutual funds), with no capital losses carried forward
  • agricultural income up to ₹5,000
  • total income up to ₹50 lakh

Cannot use if you:

  • are an NRI or RNOR
  • are a director of a company or hold unlisted equity shares
  • have any short-term capital gain, or gains from property, debt funds, gold or crypto
  • have business or professional income
  • have foreign assets or foreign income, or want to claim foreign tax credit
  • have tax deferred on ESOPs from an eligible start-up

ITR-2

For individuals and HUFs without business income who don’t qualify for ITR-1. It is the usual form for:

  • investors with capital gains (shares, mutual funds, property, crypto)
  • NRIs
  • high earners above ₹50 lakh
  • people with foreign assets (Schedule FA), such as employees holding US RSUs

ITR-3

For individuals and HUFs with income from business or profession who are not using the presumptive scheme, or who want to declare a lower profit than the presumptive rate. This includes:

  • F&O traders and intraday traders. F&O is treated as business income
  • professionals keeping regular books
  • partners receiving salary, interest or profit share from a firm

ITR-4 (Sugam)

For resident individuals, HUFs and firms (not LLPs) opting for presumptive taxation, with total income up to ₹50 lakh. Typical users:

  • small traders and shopkeepers (6% of digital receipts / 8% of cash receipts)
  • freelancers and professionals under the 50% presumptive scheme
  • transporters with up to 10 goods vehicles

Directors, people holding unlisted shares, and anyone with foreign assets or short-term gains must use ITR-3 instead.

Common cases

Case Form
Salaried, sold equity mutual funds with LTCG of ₹80,000 ITR-1
Salaried, sold shares with a short-term gain of ₹5,000 ITR-2 (any STCG takes you out of ITR-1)
Salaried + F&O trading (even at a loss) ITR-3
Freelance designer, 50% presumptive income ITR-4
NRI with rent and NRO interest ITR-2
Salaried with US RSUs from an employer ITR-2 (Schedule FA)
Salaried + sold a flat ITR-2

Looking ahead: tax year 2026-27

Income earned from 1 April 2026 falls under the Income-tax Act, 2025, and returns for it (filed in 2027) will use forms prescribed under the Income-tax Rules, 2026. The basic structure is expected to stay similar. We will update this guide when the new forms are notified.

Frequently asked questions

What happens if I file the wrong ITR form?
The tax department may treat the return as defective and ask you to correct it within a time limit, usually 15 days. If you don’t, the return can be treated as not filed.

I had an F&O loss. Do I still need ITR-3?
Yes. F&O is business income, so you need ITR-3. Filing it on time lets you carry the loss forward.

Can I file ITR-1 if my income is below ₹12 lakh but I have STCG?
No. Any short-term capital gain requires ITR-2 (or ITR-3 if you also have business income).


Unsure which form fits? Garvita Jain & Co. picks the right form, reconciles your AIS and Form 168 (formerly 26AS) and files your return. Contact us here, or at contact@garvitajainandco.com or +91 98678 16597.

This article is general information based on the law as of October 2026 and is not professional advice.


Sources

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Professional / CA publications

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