23 January 2024
Can a Non resident individual/foreign company apply form 10F without having PAN. If yes, so is there any requirement of authorised signatory's PAN of foreign company while filing of online Form-10F? Please suggest
07 July 2024
If a non-resident individual or foreign company needs to file Form 10F with the Income Tax Department of India and does not have a PAN (Permanent Account Number), here’s how the process typically works:
### Non-Resident Individual:
- **PAN Requirement**: Non-resident individuals are generally not required to have a PAN to file Form 10F. The form itself is used to provide details necessary to claim tax treaty benefits under double taxation avoidance agreements (DTAA). However, if the online portal specifically requires a PAN for registration or filing purposes, the individual may need to apply for a PAN or use an alternative identifier if applicable.
### Foreign Company:
- **PAN Requirement**: Foreign companies often do not have a PAN unless they have established operations or significant presence in India. However, for filing Form 10F online, the absence of a PAN might pose a challenge since some portals require a PAN for registration and submission.
- **Authorized Signatory's PAN**: While the foreign company itself may not have a PAN, the authorized signatory (typically a director or an appointed representative) who files Form 10F on behalf of the company might need to provide their PAN. This PAN is used to verify the identity of the person submitting the form and for administrative purposes.
### Procedure and Considerations:
1. **Registration on Portal**: Visit the Income Tax Department portal (https://www.incometax.gov.in) and explore the section for non-residents or foreign companies. Register an account using relevant details.
2. **PAN Application (if required)**: If the portal requires a PAN for registration or filing purposes, you may need to apply for a PAN through authorized agencies in India or through online portals that facilitate PAN application for non-residents.
3. **Filing Form 10F**: Once registered and logged in, proceed to file Form 10F electronically. Fill out the form with accurate details regarding residency status, tax treaty eligibility, and other relevant information.
4. **Authorized Signatory's PAN**: If asked, provide the PAN of the authorized signatory who is submitting the form on behalf of the foreign company. This PAN is not for the foreign company itself but for identification purposes of the signatory.
5. **Supporting Documents**: Prepare and upload supporting documents such as Tax Residency Certificate (TRC), details confirming no Permanent Establishment (PE) in India, and any other required documents.
6. **Submission and Follow-Up**: Submit the form electronically and monitor the portal for updates on the status of your submission. Respond promptly to any queries or follow-up requests from the Income Tax Department.
### Conclusion:
While the foreign company itself may not have a PAN, the authorized signatory may need to provide their PAN for filing purposes. If the portal requires a PAN and you do not have one, consider applying for a PAN or contacting the Income Tax Department for guidance on alternative identifiers that can be used for filing Form 10F.
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