ITR-1 vs. ITR-2: Eligibility, Key Differences & Which One You Should File for FY 2024–25 (AY 2025–26) 🇺🇸👋

 

 

Updated for AY 2025–26 ✅

ITR-1 vs. ITR-2: Eligibility, Key Differences & Which One You Should File for FY 2024–25 (AY 2025–26) 🇺🇸👋

By Subhash Rukade • 19 August 2025 • 8 min read

Filing the right Indian tax return from the U.S. can feel tricky. This guide breaks down ITR-1 (Sahaj) and ITR-2 in plain English—so NRIs, RNORs, and U.S.-based residents with Indian income can file with confidence. ✅

NRI-FriendlyU.S. ReaderAY 2025–26Compliance First
Tax forms and laptop on a desk
Choosing the correct ITR form saves time, avoids scrutiny, and speeds up refunds.

🧭 What’s inside

  1. Why choosing the right form matters
  2. Who should file ITR-1 (Sahaj)
  3. Who should file ITR-2
  4. ITR-1 vs ITR-2: Key differences
  5. Real-life U.S./NRI scenarios
  6. Salaried employees & stock grants (RSUs/ESPP/ESOP)
  7. NRIs & RNORs: U.S.-specific notes
  8. Foreign assets & Schedule FA
  9. Owning more than one house
  10. Agricultural income over ₹5,000
  11. If you filed the wrong form
  12. Quick Decider flow
  13. Document checklist
  14. Step-by-step e-filing (AY 2025–26)
  15. Common mistakes to avoid
  16. FAQs

⚖️ Why choosing the right ITR form matters

Picking the correct form isn’t optional—it’s required under India’s Income-tax Act. File the wrong one and your return may be marked defective under Section 139(9), delaying refunds and risking notices. The right form = cleaner compliance, faster processing, and fewer headaches. 🧘

Heads up: If you realize a form mismatch, you can usually fix it with a timely Revised Return before assessment concludes.

🧾 ITR-1 (Sahaj): Who it’s for

Designed for simplicity. Ideal when total income ≤ ₹50 lakh and comes from salary/pension, one house property, and other sources like savings/FD interest. Great for resident individuals with straightforward finances.

❌ ITR-1 not allowed if you have:

  • Residential status is NRI or RNOR (common for U.S.-based taxpayers). 🌎
  • Any capital gains that require reporting (shares, mutual funds, property, crypto).
  • Agricultural income > ₹5,000.
  • More than one house property.
  • Foreign assets/income (bank accounts, RSUs, brokerage, funds).
  • Unlisted equity shares or directorships.
  • Total income > ₹50 lakh or special incomes (lottery, horse race, etc.).

📚 ITR-2: Who should use it

Use ITR-2 when you don’t have business/professional income, but your situation needs richer disclosure—capital gains, multiple properties, foreign assets/income, higher income, unlisted shares, or company directorships. Applies to Individuals (Resident/RNOR/NRI) and HUFs.

If you’re a U.S.-based Indian with any foreign holdings or stock-based pay, you’ll almost always land in ITR-2.

📊 ITR-1 vs ITR-2: Key differences for FY 2024–25 (AY 2025–26)

Criteria ITR-1 (Sahaj) ITR-2
Applicant Type Resident Individual only Individuals (Resident, RNOR, NRI) & HUFs
Total Income Limit Allowed if ≤ ₹50 lakh and no disqualifiers No fixed cap (as long as no business/profession)
Capital Gains Not supported (beyond very limited LTCG cases) All CG schedules incl. carry-forward losses
Other Sources Excludes lottery/horse race etc. Includes lotteries, races, etc.
Agricultural Income Allowed only up to ₹5,000 Allowed beyond ₹5,000
House Property Only one Multiple properties
Foreign Assets/Income Not allowed Mandatory reporting (Schedule FA)
Unlisted Shares/Directorship Not supported Disclosure required
Assets & Liabilities Not required Required if income exceeds threshold
Residential Status Resident (excl. RNOR/NRI) Resident, RNOR, NRI

🧪 Real-life examples: Which form fits?

1) Pension + Bank Interest (Resident) — ✅ ITR-1

Gaurav receives ₹35 lakh pension and ₹2.5 lakh FD interest. No capital gains, one home, resident in India. He fits ITR-1.

2) Equity Mutual Funds (Capital Gains) — ✅ ITR-2

Muskan sells equity MF units with ₹2.3 lakh LTCG plus dividends. Capital gains push her to ITR-2.

3) U.S.-based Engineer with RSUs — ✅ ITR-2

Gaurang (in India) has RSUs from a U.S. employer. Stock-based income/foreign assets require ITR-2 with foreign disclosures.

4) NRI in the U.S. with Indian Rental Income — ✅ ITR-2

Priya, an NRI in California, earns rent from a Mumbai apartment. As an NRI with Indian income, she files ITR-2.

💼 Salaried employees, RSUs/ESPP/ESOP & dividends

For salaried folks with no capital gains, one house property, and basic bank interest, ITR-1 works. But the moment you add stock grants (RSUs/ESPP/ESOP), foreign brokerage holdings, or realize capital gains in India—shift to ITR-2. It has schedules for capital gains, dividends, and foreign disclosures.

Stock market data on a screen
Stocks/RSUs often trigger ITR-2 due to capital gains or foreign asset reporting.

🛂 NRIs & RNORs filing from the U.S.

  • ITR-1 is not available to NRIs/RNORs.
  • U.S.-situated accounts, brokerages, and RSUs usually mean Schedule FA in ITR-2.
  • If you claim DTAA relief (e.g., on interest/dividends), ITR-2 accommodates this with the right schedules.
  • Track your residential status carefully (Resident vs RNOR vs NRI)—this drives income scope and reporting depth.

🌍 Foreign assets & income = ITR-2 + Schedule FA

Holding any foreign asset—U.S. bank accounts, 401(k), brokerage, RSUs, ESPP, foreign MFs/ETFs, or crypto held on offshore platforms—means ITR-1 is off the table. You’ll report details in ITR-2 including Schedule FA. Keep statements handy to avoid mismatches.

This area is sensitive. Disclose fully and keep evidence (annual/brokerage statements, vesting docs, W-2/1099 equivalents, etc.).

🏠 More than one house? Use ITR-2

ITR-1 allows only one house property. If you own two or more (even if vacant or used by relatives), you’ll classify additional ones as deemed let-out or report actual rent. ITR-2 supports these schedules (municipal taxes, interest, standard deduction, etc.).

Townhouses on a sunny day
Multiple homes = more disclosure. ITR-2 is built for that.

🌾 Agricultural income over ₹5,000

Even though agricultural income is generally exempt, passing ₹5,000 means ITR-1 is out. Use ITR-2 and fill the exempt income schedule properly.

🧯 Filed the wrong form? What to do

  1. Check your mismatch (e.g., capital gains not supported in ITR-1).
  2. Prepare the correct form (ITR-2).
  3. Submit a Revised Return before the assessment is completed.
  4. Keep acknowledgments and proof of correction.

🧩 Quick Decider: ITR-1 or ITR-2?

  • Resident, ≤ ₹50 lakh, 1 house, salary/interest onlyITR-1
  • Any capital gains, multiple houses, foreign assets/income, NRI/RNOR, unlisted shares, directorshipITR-2

When in doubt, check foreign holdings and capital gains first—they’re the most common switch-to-ITR-2 triggers.

📂 Documents & data checklist

Identity & basics

  • PAN, Aadhaar
  • Residential status determination (days in/ out of India)
  • Bank details for refund (India)

Income proofs

  • Form 16 (salary), pension statements
  • Interest certificates (savings/FD/RD)
  • Rent receipts & municipal tax receipts
  • Capital gains statement (broker/MF/registrar)

Investments & deductions

  • 80C/80D/80G proofs, home-loan interest
  • HRA/LTA docs (if applicable)

Foreign assets & DTAA

  • U.S. bank/brokerage year-end statements
  • RSU/ESPP vest/sell reports
  • 1099-DIV/1099-INT/1099-B equivalents
  • Proof of foreign taxes paid (for DTAA claim)

🛠️ Step-by-step e-filing (AY 2025–26)

  1. Confirm residential status (Resident / RNOR / NRI).
  2. Pick the correct form: ITR-1 for simple resident cases; ITR-2 otherwise.
  3. Fetch AIS/TIS and pre-filled data from the portal; match with your proofs.
  4. Report capital gains accurately (segregate STCG/LTCG; use broker statements).
  5. Disclose foreign assets/income in Schedule FA if applicable.
  6. Claim deductions (80C, 80D, HRA, home-loan interest) with documentation.
  7. Compute tax, include reliefs (rebates, DTAA relief where eligible).
  8. Pay any self-assessment tax due; re-compute to zero.
  9. Submit, verify (Aadhaar OTP/Netbanking/DSC), and save acknowledgments.

💡 Helpful tools (affiliate) — improves accuracy & record-keeping:

Affiliate disclosure: We may earn a commission at no extra cost to you.

🚫 Common mistakes to avoid

  • Choosing ITR-1 despite capital gains or foreign assets.
  • Missing Schedule FA as an NRI/RNOR with U.S. holdings.
  • Not reporting dividends (Indian or foreign) visible in AIS/TIS.
  • Mismatched broker statements vs reported CG schedules.
  • Ignoring second property deemed-let-out rules.
  • Forgetting e-verification—unverified returns are treated as not filed.

❓ Frequently Asked Questions

Can I switch to ITR-1 next year if my income simplifies?
Yes. The form depends on the year’s facts. If next year you’re a resident with ≤ ₹50 lakh, only one house, and no capital gains or foreign assets—you can use ITR-1.

How do I treat a second home that’s vacant?
Only one home can be self-occupied. Additional homes are usually deemed let-out (compute notional rent). Use ITR-2 schedules.

I have losses from equity mutual funds. Do I still need ITR-2?
Yes—capital losses still require ITR-2. Proper filing allows you to carry losses forward (subject to rules).

Do RSUs from a U.S. employer force me into ITR-2?
In most cases, yes. RSUs often create foreign asset/income reporting, pushing you to ITR-2 with Schedule FA.

Do NRIs ever use ITR-1?
No. ITR-1 is for residents only (not RNORs/NRIs).

🧠 Bottom line

Keep it simple: ITR-1 is for straightforward resident cases. The moment you add capital gains, multiple homes, foreign assets/income, or NRI/RNOR status—ITR-2 is the safer, compliant route. ✅

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🔍 Disclaimer: This article shares general information and the author’s views. It’s not tax advice. Rules can change—please consult a qualified professional for your situation.© 2025 financeinvestment.site

 

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