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. ✅
🧭 What’s inside
- Why choosing the right form matters
- Who should file ITR-1 (Sahaj)
- Who should file ITR-2
- ITR-1 vs ITR-2: Key differences
- Real-life U.S./NRI scenarios
- Salaried employees & stock grants (RSUs/ESPP/ESOP)
- NRIs & RNORs: U.S.-specific notes
- Foreign assets & Schedule FA
- Owning more than one house
- Agricultural income over ₹5,000
- If you filed the wrong form
- Quick Decider flow
- Document checklist
- Step-by-step e-filing (AY 2025–26)
- Common mistakes to avoid
- 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. 🧘
🧾 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.
📊 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.
🛂 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.
🏠 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.).
🌾 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
- Check your mismatch (e.g., capital gains not supported in ITR-1).
- Prepare the correct form (ITR-2).
- Submit a Revised Return before the assessment is completed.
- Keep acknowledgments and proof of correction.
🧩 Quick Decider: ITR-1 or ITR-2?
- ✅ Resident, ≤ ₹50 lakh, 1 house, salary/interest only → ITR-1
- ✅ Any capital gains, multiple houses, foreign assets/income, NRI/RNOR, unlisted shares, directorship → ITR-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)
- Confirm residential status (Resident / RNOR / NRI).
- Pick the correct form: ITR-1 for simple resident cases; ITR-2 otherwise.
- Fetch AIS/TIS and pre-filled data from the portal; match with your proofs.
- Report capital gains accurately (segregate STCG/LTCG; use broker statements).
- Disclose foreign assets/income in Schedule FA if applicable.
- Claim deductions (80C, 80D, HRA, home-loan interest) with documentation.
- Compute tax, include reliefs (rebates, DTAA relief where eligible).
- Pay any self-assessment tax due; re-compute to zero.
- Submit, verify (Aadhaar OTP/Netbanking/DSC), and save acknowledgments.
💡 Helpful tools (affiliate) — improves accuracy & record-keeping:
- SmartFiler India™ — guided ITR-2 prep for capital gains + FA
- GainCalc Pro — auto STCG/LTCG summaries
- RSU Tracker — vest/sell reconciliation for FA
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. ✅