Which ITR form is used for capital gains?

Individuals with capital gains commonly use ITR-2 if they do not have business income. If business income is also present, ITR-3 may apply.

Can an NRI use ITR-1?

NRIs generally do not use ITR-1. NRI returns commonly use ITR-2 when there is no business income.

Income Tax answer

Which ITR form should I file in India?

Most resident salaried taxpayers with simple income use ITR-1; individuals with capital gains, NRI status, foreign income or multiple complex schedules usually use ITR-2; business or professional income generally uses ITR-3 or ITR-4 depending on presumptive taxation.

Last reviewed: 2026-09-14•Category: Income Tax

Detailed answer

ITR-1 is usually for resident individuals with salary or pension, one house property and simple other income within the notified limits.

ITR-2 is commonly used when there are capital gains, foreign income/assets, NRI/RNOR status, multiple house properties or other schedules not supported by ITR-1.

ITR-3 is commonly used for business or professional income with regular books. ITR-4 is for eligible presumptive taxation cases under provisions such as 44AD or 44ADA.

Source and citation links

ITR Form Selection Guide Income Tax e-Filing Portal

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