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Tax Guide

Which ITR form should you file? The complete decision guide.

"There are so many ITR forms. Which one applies to me?"

Which ITR form should you file? The complete decision guide.

Filing of ITR-1 is the most common error. Salaried people think that they always have to file ITR-1. But not. ITR-1 is meant only for most basic salary-based returns — total income below ₹50L, no capital gains, no foreign assets, one single property only, and no business income.


Once you have sold even one stock and earned a capital gain, you require ITR-2. Once you have any foreign bank account, or RSU from US companies, you must have ITR-2 along with FA schedule. Also, if you have any business income at all (freelance, consulting, Uber, etc.), then you must use either ITR-3 or ITR-4.


The principle here is: in case of doubts, use the more detailed form. Filing ITR-2 instead of ITR-1 will always be on the safer side. But using ITR-1 instead of ITR-2 can be a problem.

What the law says — exact provisions
ITR-1 (Sahaj)
Salary, one house property, interest income, total income ≤₹50L. No capital gains. No foreign income.
ITR-2
Salary + capital gains + multiple house properties + foreign assets. Director in company. Income > ₹50L.
ITR-3
Business/professional income along with salary. RSU treated as business income. Trading income.
ITR-4 (Sugam)
Presumptive income under Section 44ADA/44AD/44AE. Income ≤₹50L.
Bottom line
Have foreign assets or capital gains? Use ITR-2. Have freelance income? Use ITR-3 or ITR-4. When in doubt, ask your CA — a wrong ITR form means your return is defective, not just incorrect.