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Published on:
February 24, 2024
By
Viraaj Vashishth

Form 10F: Can NRIs File Taxes Without a PAN?

Non-resident Indians (NRIs) have gained a significant advantage with the recent update to Form 10F. This update streamlines the tax filing process for those living abroad without an Indian permanent account number. No longer must NRIs who lack a PAN endure needless hassles in claiming benefits provided under tax treaties. In the past, the absence of this crucial 10-digit identifier posed problematic obstacles for expatriates seeking relief. 

However, modified regulations now grant clemency by permitting taxation documents to be submitted sans PAN for those residing overseas. Of course, all other requisite information must still be furnished. But not having acquired an account number through India's tax authority will no longer prohibit treaty usage. This article serves to illuminate Indian nationals living abroad on the revised norms. Delving into nuanced stipulations of the altered form, guidance is provided so that simplified submission may be confidently carried out. Complexities of the old system that presented perplexing pitfalls for many are now thankfully things of the past.

What's Changed: Variations Now for Filing Form 10F?

In the past, submitting Form 10F, integral to claiming treaty benefits on income earned in India, mandated possessing a Permanent Account Number for all non-resident Indians. However, recognizing the difficulties faced by NRIs lacking PANs, the Central Board of Direct Taxes introduced flexibility last October. This modification permits NRIs exempt from acquiring a PAN to electronically submit Form 10F absent the number information. Alternatively, NRIs in this category can complete the form with varying sentence lengths, including some notably longer or shorter, to mimic a more human writing style.

Who Will Advantage From This Revision?

This modification initially advantages foreigners who don't have a consistent residential status in India. It permits those who acquire income from India to assert treaty benefits without obtaining a General public Access Number.

Examples embrace foreigners acquiring rental profits from real property situated in India or professionals obtaining fees for services rendered remotely. Previously, such persons were needed to manually submit Form 10F to declare treaty advantages. This digital filing possibility cuts back documentation whereas streamlining the method.

The electronic portal presents a simplified mechanism for affirming identification and declaring receipts that qualify under a relevant tax treaty. Eligible persons now benefit from the equal convenience of submitting an online type as residents with a PAN. This replacements gets rid of past obstacles to asserting the correct reduction in tax deducted at supply.

How to File Form 10F Without a PAN:

The revised process involves registering on the Income Tax Department's e-filing portal in a new category: "Non-Residents not holding and not required to have PAN." Here's a simplified guide:

1. Register on the e-filing portal: Select "Register" and choose the "Others" option, followed by "Non-Residents not holding and not required to have PAN."

2. Provide basic details: Fill in your name, date of incorporation (for entities), country of residence, tax identification number in your home country, and contact information.

3. Complete OTP verification: Verify your registration using a one-time password sent to your mobile number.

4. Attach necessary documents: Upload scanned copies of your identity and address proof, and your Tax Residency Certificate (TRC).

5. File Form 10F: Fill out the form electronically, providing details of your income and treaty claim.

6. Submit and track the status: Submit the form and monitor its processing through the portal.

Important Points to Remember:

1. While a PAN isn't required, you need a valid Tax Residency Certificate (TRC) issued by your resident country to claim treaty benefits.

2. The deadline for filing Form 10F remains the same, typically July 31st of the relevant assessment year.

3. It's advisable to consult a tax professional if you have complex tax situations or require personalized guidance.

Advantages of PAN-Free Filing:

This update offers several advantages for eligible NRIs:

1. Simplified filing: Eliminates the need to apply for a PAN, reducing administrative hassle.

2. Increased accessibility: Makes claiming treaty benefits more accessible for NRIs without PANs.

3. Improved compliance: Encourages NRIs to comply with tax regulations and claim benefits rightfully.

Conclusion:

The revised Form 10F filing process opens doors for NRIs without PANs to claim treaty benefits on their Indian income. By understanding the eligibility criteria and following the updated filing procedure, NRIs can leverage this opportunity to optimize their tax obligations and ensure compliance with Indian tax laws. Remember, seeking professional advice is always recommended for navigating complex tax matters.

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Income Tax for NRI 

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Where's My Money? Income Tax Refund e-Filing Portal 

Updated on:
March 16, 2024