Tax Residency Certificate (TRC)

This query is : Resolved

SAMIT CHONKAR (Querist)
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27 March 2023 Dear Sir/Madam,

As per new provisions, the DTAA treaty benefit for withholding tax can be availed only if TRC and Form 10F is obtained on online basis. How this will work practically? Is the Non resident expected to take Indian PAN and then login on IT portal and file TRC and Form 10F online? Why will any non resident, who does not have any presence in India, will take Indian PAN? Are there any changes/amendments/clarifications have come up in these provisions?

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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27 March 2023 CBDT had issued Notification dated 12 December 2022 wherein the CBDT has relaxed requirement of electronic filing of Form 10F for non-residents not having a PAN in India. This relaxation is provided only up to 31 March 2023. Unless the same is extended, or provided any other option after 31/03/2023; NRI will require to obtain PAN.