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Yes, NRIs can choose between the two available regimes when filing their taxes. The new tax regime is available by default; however, if you wish to opt into it, you will have to explicitly choose it.
No. Individuals with a non-business case (ITR-2) and NRIs can exercise the regime option directly in the ITR form each year, meaning there is no need to specifically choose Form 10-IEA. Business income NRI (ITR-3) needs Form 10-IEA before the deadline.
Yes, NRIs who have no business income can switch between the regimes in every financial year. This flexibility lets NRIs evaluate which tax regime is best for them. For example, in one year, if there are major deductions available, then the old regime is better, while in another year, where you have fewer deductions, the new regime might prove to be advantageous.
Deductions under Section 80C, Section 80D, HRA, standard deduction, Section 80TTA, and so on are unavailable under the new tax regime.
DTAA benefits remain unaffected regardless of the regime you choose.