Who is liable to file an ITR?

Asked by: Tressa Boehm  |  Last update: September 20, 2026
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In India, Income Tax Return (ITR) filing is mandatory for individuals with gross annual income exceeding basic exemption limits ( ₹ 2.5 2 . 5 lakh for < 60 < 6 0 years, ₹ 3 3 lakh for 60 6 0 - 80 8 0 years, ₹ 5 5 lakh for > 80 > 8 0 years). It is also compulsory for all companies, firms, LLPs, individuals with foreign assets, or those depositing over ₹ 1 1 crore in current accounts.

Who is mandatory to file an ITR?

If Your Business's Turnover Exceeds ₹60 Lakhs

If the gross turnover applicable to your business exceeds ₹60 lakhs, you are required to file an ITR.

What is the minimum income to file an ITR in India?

If your annual income is more than ₹2.5 lakhs per annum, you must file Income tax* returns in our country. This limit is stretched to ₹3 lakhs for senior citizens above the age of 60. Additionally, people above the age of 75 can get exemptions from paying income tax in India.

Who is not required to file an ITR?

An individual whose sole income has been subjected to final withholding tax pursuant to Sec. 57 (A) of the Tax Code, or who is exempt from income tax pursuant to the Tax Code and other laws, is not required to file an income tax return.

Who is responsible for filing an income tax return?

Every person having taxable income and whose accounts are not liable to audit must file an Income Tax Return. If total income exceeds Rs. 5 lakh, it is mandatory to file the return online. Self-assessment tax liability should be paid before filing Income Tax Return; otherwise return will be treated as defective.

Who Should File ITR | Who Should File Income Tax Return | is itr filing is mandatory

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Should NRI file tax return in India?

As an NRI, PIO, or OCI, you may be required to file tax returns in India if your Indian income surpasses the specified threshold or if you seek to claim refunds for excess tax deductions. While filing an ITR is mandatory only under certain circumstances, voluntary filing can be beneficial in many ways.

Who is exempt from filing ITR in India?

Certain NRIs: If the NRIs are only generating income from dividends or interest, or if their income is subject to TDS, then they might be exempted from filing tax returns. Senior Citizens (above 75 years): Senior citizens above the age of 75 whose income consists of pension and interest can be exempt from filing ITR.

How do I know if I am eligible to file an ITR?

As per the Income Tax Act of 1961, any individual under 60 years of age and earns a total income of Rs. 2.5 lakh or more in a financial year must file ITR.

What happens if I don't file an income tax return?

If you don't file income tax and owe money, the IRS will charge significant penalties (5% monthly, max 25%) plus interest on the unpaid taxes, and if you're owed a refund, you'll lose it; ultimately, the IRS can seize assets, garnish wages, or place liens, and in severe fraud cases, face criminal charges. It's best to file on time and pay what you can, even if you can't pay the full amount, to minimize penalties, as penalties and interest continue to grow over time.

How much does ITR filing cost?

Pay a fixed fee of ₹2,499* for ITR filing, regardless of the type of income or ITR form. Provide the necessary documents for a smooth and efficient ITR processing experience.

What is the mistake for ITR filing 2025?

Common ITR Filing Mistake 1: Missing the Filing Deadline

The most avoidable mistake is missing the due date. For most individual taxpayers, the deadline for FY 2024-25 is 15th September 2025 (extended from July 31).

What is the ITR type for NRI?

ITR-2 - Applicable for Non-Resident Individual

This return is applicable for Individual (whether Resident or Non-Resident) and Hindu Undivided Family (HUF). Having Income under any head other than Profits and Gains of Business or Profession.

Who does not have to file a tax return?

You generally don't have to file U.S. federal taxes if your income falls below the standard deduction for your filing status (e.g., single, married) and age, but you might still need to if you have self-employment income over $400, certain investment income, or received Social Security benefits that become taxable due to other income. Even if not required, filing is smart to claim refundable credits or get refunds, but some people, like certain low-income seniors or those with only non-taxable income, are typically exempt. 

What happens if I don't file ITR in India?

Consequences of Not Filing ITR

Failing to meet this deadline could result in a penalty of ₹ 5000 if the return has been submitted after the due date under Section 234F. The penalty is reduced to ₹ 1000 if your total income is under ₹ 5 lakh for the concerned year.

Who cannot file an income tax return?

You generally don't have to file U.S. federal taxes if your income falls below the standard deduction for your filing status (e.g., single, married) and age, but you might still need to if you have self-employment income over $400, certain investment income, or received Social Security benefits that become taxable due to other income. Even if not required, filing is smart to claim refundable credits or get refunds, but some people, like certain low-income seniors or those with only non-taxable income, are typically exempt. 

Can I file ITR without paying tax?

One of the features is “Pay later,” which enables an individual to file an Income tax return (ITR) before making the tax payments. Previously, an ITR could only be filed after the due taxes were paid. It is inconvenient for taxpayers, especially those waiting for salary or other income sources.

Can I file an ITR after 5 years?

No, you cannot file ITR for the last 10 years now. The maximum deadline to file an updated return is 48 months (4 years) from the end of the relevant assessment year. No, Rebate u/s 87A is not applicable for updated returns.

How long can you legally go without filing taxes?

There's no official limit to how many years you can go without filing taxes, but the IRS expects you to file if required, and the statute of limitations on the IRS assessing tax or collecting never starts until you actually file, meaning they can pursue unfiled returns from any year, even decades old. While the IRS often focuses on the last six years, waiting increases penalties and interest, and you risk losing any potential refunds after three years; proactively filing past-due returns is always best. 

What is the 3 year rule for the IRS?

The IRS 3-year rule generally refers to the statute of limitations for claiming a tax refund, which is typically 3 years from when you filed your original return or 2 years from when you paid the tax, whichever is later, for the IRS to process your claim. For an audit, the IRS generally has 3 years from the date your return was filed or due (whichever is later) to assess additional tax, though this can extend to 6 years if you significantly underreport income or omit foreign income.
 

What is the minimum income to file an ITR?

The minimum income to file an Income Tax Return (ITR) in the U.S. for the 2025 tax year depends on your filing status and age, with thresholds like $15,750 for Single filers (under 65) and $31,500 for Married Filing Jointly (both under 65). You might still need to file if you're self-employed (>$400 net earnings), had taxes withheld, or want to claim refundable credits, while in India, it's generally above ₹2.5 Lakhs (or ₹4 Lakhs under the new regime), but exceptions exist for high electricity bills or foreign assets. 

Am I required to file an ITR?

If you're a freelancer, self-employed professional, or consultant earning income in the Philippines, you're required to file an ITR. These individuals also need to apply for an ITR: Working Filipino citizens living in the Philippines, regardless of income.

What is the purpose of filing ITR?

3.1 Purpose

Income Tax Return is the form in which taxpayer files information about income and tax thereon to the Income Tax Department on annual basis. Form ITR-1 can be used by Resident Individuals fulfilling criteria as per 3.2 below for filing their Income Tax Return in old or new tax regime.

How to file ITR for NRI?

Table of Contents

  1. Step 1 - Login or Register to incometax.gov.in.
  2. Step 2 - Verify Your Details.
  3. Step 3 - Select the Assessment Year and Mode of Filing.
  4. Step 4 - Start New Filing or Continue With A Saved Draft.
  5. Step 5 - Select Your Taxpayer Type.
  6. Step 6 - Select The Right ITR Form.
  7. Step 7 - Get Started.
  8. Step 8 - Reason To File.

Do senior citizens need to file ITR in India?

Yes, senior citizens have to file income tax returns mandatorily. However, senior citizens over 75 years of age, whose income consists of only pension and interest income from the same bank are exempted from filing income tax return provided he submits a declaration under Form 12BB.

Can a non-salaried person file an ITR?

Freelancers, consultants, business owners, and professionals must file Income Tax Returns (ITR) in India. Declare income under Profits and Gains from Business/Profession (ITR-3/ITR-4). Maintain books, claim expenses (rent, internet, etc.), and pay advance tax if liability exceeds Rs.