Claiming DTAA Relief? File Form 10F

If you are one of those who are claiming DTAA relief then you must be aware that you are required to file Form 10F as per sub rule 1 of Rule 21AB. CBDT through Notification No. 3/2022 dated 16 July,2022 has mandated filing Form 10F electronically. Let us understand why this Form 10F is required to be filed in detail.

Section 90 of Income Tax Act, 1961

The Central Government has entered into an agreement with the governments of certain countries or specified territories outside India for the purpose of granting relief from double taxation of income under Indian Income tax Act and Corresponding Tax Laws of the country or specified territories outside India.

Section 90(5) provides that for claiming such relief, the assessee to whom such agreement applies shall provide a certificate of residence of such country or specified territory outside India issued by the Government of such country or specified territory outside India.

Section 90A of Income Tax Act, 1961

Specified Association in India may enter into an agreement with Specified Association of specified territory outside India for the purpose of granting relief from double taxation of income under Indian Income tax Act and Corresponding Tax Laws of specified territory outside India.

Section 90A(5) provides that for claiming such relief, the assessee to whom such agreement applies shall provide a certificate of residence of such specified territory outside India issued by the Government specified territory outside India.

Rule 21AB of Income Tax Rules

Sub rule 1 of Rule 21AB states that for the purpose of Section 90(5) and 90A(5), the assessee is required to furnish the following details in Form 10F-

1. Status of the assessee i.e whether the assessee is an individual or a company or firm etc
2. Nationality in case of an individual, country or specified territory of incorporation or registration in other cases.
3. Tax identification number of the assessee. If no such number is available then any unique number on the basis of which the person is identified by the Government of the Country or specified territory of which the assessee claims to be the resident.
4. Period for which the residential status as mentioned in the certificate is applicable
5. Address of the assessee in the country or specified territory outside India during the period for which the certificate provided is applicable.

Form 10F

Following steps must be followed for filing form 10F electronically-

1. Click on the link-https://www.incometaxindiaefiling.gov.in/home
2. Login to the income tax portal using the login credentials
3. Click on tab E-File and select Income Tax Forms>File Income Tax Forms
4. Click on the tab Persons not dependent on any Source of Income(Source of Income not relevant)
5. Select Form 10F and select the assessment year for which it is required to be filed, click continue.
6. Fill the required details and attach Tax Residency Certificate
7. Save the draft, Click on preview
8. Submit the form after verifying it

Format of Form 10F is given below

FORM NO. 10F
[See sub-rule (1) of rule 21AB]

Information to be provided under sub-section (5) of section 90 or sub-section (5) of section 90A of the Income-tax Act, 1961

I.................................. *son/daughter of Shri................................... in the capacity of ................................................................. (designation) do provide the following information, relevant to the previous year..................................... *in my case/in the case of.... for the purposes of sub-section (5) of *section 90/section 90A:

2. I have obtained a certificate referred to in sub-section (4) of section 90 or sub-section (4) of section 90A from the Government of ..................................... (name of country or specified territory outside India)

Signature: ...................................
Name: ..................................
Address: .................................
Permanent Account Number or Aadhaar Number .................................

Verification

I ................................... do hereby declare that to the best of my knowledge and belief what is stated above is correct, complete and is truly stated.

Verified today the ................................ day of.................................

...................................

Signature of the person providing the information

Place: .................................