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Marginal Relief Under the Income Tax Act

Updated on: 20 Feb, 2025 05:54 PM

If you are someone who falls in the higher income bracket, then you might have to pay a surcharge over and above your tax. In other words, the surcharge is the additional tax required to be paid by a taxpayer due to high income. This is generally applicable to people earning an annual income of more than Rs.50 lakhs or Rs. 1 crore.

However, a surcharge leads to a significant increase in tax liability even if the income exceeds the threshold marginally. The Income Tax Act provides marginal relief to such taxpayers to prevent them from falling prey to such increased tax liabilities.

Earlier, marginal relief was only applicable to surcharges in the old. However, Budget 2024 introduced marginal relief u/s 87A in the new regime, too. Therefore, if an individual’s income exceeds Rs.12.75 lakhs (tax-free limit) marginally, he/she can claim the benefit of marginal relief to reduce overall tax liability.

In this article, we will understand the marginal relief in the old regime and the new regime in detail.

What is Marginal Relief?

Marginal relief is a provision of the Income Tax Act that aims to reduce the tax burden on individuals having an income within a specific range, especially those earning above Rs.50 lakhs.

The application of a surcharge on income exceeding a certain threshold can sometimes lead to a significant increase in tax liability for individuals whose income exceeds the threshold marginally. Marginal relief aims to ensure tax relief for such individuals. Marginal relief is only applicable on individuals who are opting for the new tax regime and is not available to those opting for the new tax regime.


Marginal Relief in Old Tax Regime

Marginal relief in the old tax regime is applicable in relation to a surcharge. In simple terms, it is applicable on income exceeding Rs.50 lakhs, on which you are required to pay a surcharge. Marginal relief can be claimed on surcharge in the case of both the old and the new regime.

For instance, if an individual's income surpasses Rs. 50 lakh, marginal relief applies. This ensures that the income tax due (including surcharge) on Rs. 50 lakh does not exceed the surplus income above Rs. 50 lakh.

To illustrate, let's consider an individual with an income of Rs. 50.1 lakh:

As the income exceeds Rs. 50 lakh but remains below Rs. 1 crore, the individual incurs a surcharge at a rate of 10%, leading to a significant increase in his/her tax liability.

Total Income Rs. 50,10,000
Tax on total income as per slab rate (excluding surcharge) Rs. 11,88,000
Surcharge @10% Rs. 1,18,800
Total Tax payable (inclusive of surcharge) Rs. 13,06,800

If the income were Rs. 50 lakh, the tax payable would be Rs. 11,85,000 (before surcharge). Therefore, with an increase of Rs. 10,000 in income, the tax liability increases by Rs. 1,21,800. To address this scenario, marginal relief provisions are offered to taxpayers, preventing such significant spikes in tax liabilities.

Marginal Relief Calculation

Let’s take the above example and learn the calculation of marginal relief -

  • Step 1: Calculation of income tax and surcharge
    Calculation Amount
    Income tax inclusive of surcharge on Rs. 50,10,000 Rs. 13,06,800
  • Step 2: Comparison of additional income and incremental tax
    • Incremental salary: Rs.(50,10,000 - 50,00,000) = Rs. 10,000
    • Incremental Tax:
      • Income tax inclusive of surcharge on Rs. 50,10,000: Rs. 13,06,800
      • Income tax on Rs. 50,00,000: Rs. 11,85,000
      • Incremental Tax = Rs. 13,06,800 - Rs. 11,85,000 = Rs. 1,21,800
    Since the incremental tax (Rs. 1,21,800) exceeds the incremental income (Rs. 10,000), the assessee qualifies for Marginal Relief. The total incremental tax, inclusive of the surcharge, will be capped at Rs. 10,000 based on the concept of marginal relief.
  • Step 3: Calculation of Surcharge considering marginal relief
    Calculation Amount
    Total income: Rs. 50,10,000
    Tax on total income as per slab rate (excluding surcharge) Rs. 11,88,000
    Addition of Surcharge after considering marginal relief Rs. 7,000
    Tax payable after applying for marginal relief Rs. 11,95,000

Marginal Relief in New Tax Regime

In Budget 2024, marginal relief, previously applicable only to surcharges in the old regime, was extended to the new tax regime. Under the new regime, the marginal relief provision is applicable to rebates u/s 87A.

This amendment will help reduce the tax liability for those individuals whose annual income exceeds the limit of Rs.7.5 lakhs marginally.

Let us see how this works -

As per budget 2025, income from Salary up to Rs.12.75 lakh is tax-free.
Here is the calculation -

Income (A) Rs 12.75 lakh
Standard deduction (B) Rs 75,000
Taxable income (A-B) Rs 12 lakh
Tax liability (C) Rs 60,000
Tax rebate (D) Rs 60,000
Tax outgo (C-D) ZERO

What if the salary is Rs. 12.85 Lakh?

Particulars Amount (Rs)
Total income Rs. 12,85,000
Standard deduction Rs. 75,000
Taxable income Rs. 12,10,0000
Tax on income up to Rs. 4 lakh Nil
Tax (@5%) on income between Rs. 4 lakh and Rs. 8 lakh Rs. 20,000
Tax (@ 10%) on income between Rs. 8 lakh and Rs. 12 lakh
Tax (@ 15%) on remaining 10,000 income Rs. 1,500
Rs. 40,000
Total tax excluding cess Rs. 61,500
Total tax, including cess (4% of tax payable) Rs. 63,960

This implies that earning just 10,000 more in salary increases your tax liability from ‘0’ to ‘63,960’, which is a significant increase.

According to the marginal tax relief, the tax amount owed on income between Rs. 12,75,000 and Rs. 13,45,587 is based on the additional income above Rs. 12.75 lakh, rather than the tax rate slabs. This helps reduce the tax liability in a case where a slight increase in taxable income significantly increases the tax liability. Thus, the actual tax owed will be Rs. 10,400 instead of Rs. 63,960.

Refer to the table below for actual tax liabilities at different income levels.

Marginal Relief In The New Tax Regime

Annual income Taxable income after standard deduction Tax liability Actual tax liability after Marginal Relief Marginal relief
12,80,000 12,05,000 60,7500 5,000 55,750
12,90,000 12,15,000 62,2500 15,000 47,250
13,00,000 12,25,000 63,750 25,000 38,750
13,20,000 12,45,000 66,750 45,000 21,750
13,40,000 12,65,000 69,750 65,000 4,750
13,45,588 12,70,588 70,588 70,588 0

When we talk about taxes, tax saving is the primary objective of every taxpayer. Having said that, there are numerous provisions in the Income Tax Act to help taxpayers reduce their tax liability. However, taxes are complicated, and making sure to claim all the possible deductions and exemptions is difficult, especially for laymen.

The ITR filing for FY 2024-25 is around the corner, and it is important to plan your taxes well in advance before proceeding to file your ITR in order to maximize your tax refund and avoid penalties and notices. Our tax experts can not only help you maximize your tax refund by planning your taxes, but also ensure smooth and accurate ITR filing. Book an online CA now!


Frequently Asked Questions

Q- What is the limit of marginal relief in the new tax regime?

The Income Tax Act offers a marginal relief on an income exceeding Rs.12.75 lakhs, i.e., tax-free, to help taxpayers reduce their tax burden.


Q- Is surcharge applicable in the new tax regime?

Yes, Budget 2023 extended the benefit of marginal relief to the new regime too. The maximum surcharge that can be imposed on the tax payable by an individual is capped at 25% when opting for the new tax regime.


Q- What is the marginal relief under section 87a new tax regime?

In the financial year 2025-26 (Assessment Year 2026-27), under the new tax regime, the rebate limit has been raised to Rs. 12,00,000. This implies that a resident individual with a taxable income of up to Rs. 12,00,000 will be entitled to receive Rs. 60,000 or the amount of tax payable (whichever is lower) as tax relief.


Q- Who is eligible for marginal relief?

The introduction of marginal tax relief in the new tax regime, as outlined in the Union Budget for FY24, provides significant benefits to individuals whose income slightly surpasses the tax-free limit of Rs. 12.75 lakh. This initiative is welcomed as it enables individuals in this bracket to pay considerably less tax.


Q- How to calculate surcharge rate?

To compute the surcharge, begin by determining the income tax on the amount totaling Rs. 18 lakh. With an applicable surcharge rate of 10%, the surcharge amount is calculated as 10% of Rs. 18 lakh, resulting in Rs. 1.8 lakh.


Kamal Murarka

Kamal Murarka
Director - Tax Research & Operations

Kamal Murarka, a Chartered Accountant, is the Director- Tax Research & Operations at Tax2win. He has been with the company since its inception, contributing his expertise in national and international tax assignments. He is also a recognized speaker on tax-related topics, representing Tax2win at various industry forums. His deep knowledge and strategic insights have been crucial in shaping Tax2win’s approach to tax research, operations, and client solutions, driving the company’s continued success.