An Overview of Form No. 10F under thr Income Tax Law

 

 

1.  Form 10F is a self-declaration tax form used by non-resident (NR) taxpayers for claiming the benefits under DTAA (Double Taxation Avoidance Agreement).

2.  To claim the benefits of a tax treaty, NR taxpayers need to furnish TRC and Form 10F (if certain details are missing in TRC)  as per Section 90 (5) of the Income Tax Act.

3.  A TRC must contain certain information, including the taxpayer’s name, foreign address, TIN (Tax Identification Number) and taxpayer status. If the tax certificate does not contain these details, he/she must file the Form 10F electronically.

4.  Previously, NRIs who did not have a PAN card also had to file Form 10F online. This required all taxpayers to obtain PAN registration as there were no options to log in to the income tax filing portal without a PAN. However, for FY2023, the CBDT (Central Board of Direct Taxes) allowed a one-time relief to taxpayers without PAN. They could file the form manually by 31st March 2023. The deadline got extended till September 2023.

5.  With such partial exemption coming to an end, for “Non-residents not holding and not required to have PAN”, the Income Tax Department has introduced a functionality to register on the Income Tax Portal. Such functionality enables non-residents to furnish Form 10F electronically without a PAN.