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Who can issue tax residency certificate?

Tax Residency Certificate is a certificate issued by the Income Tax Department to the Indian Residents who earn income from countries with which India has a Double Taxable Avoidance Agreement (DTAA).

Why is TRC required?

In order to provide relief to such taxpayers, Government of India enters into Double Taxable Avoidance Agreement with the governments of other countries. For getting relief mentioned under DTAA's, a taxpayer needs to get a TRC which proves its tax residency in India in front of the US tax authorities.

What is TRC or Form 10F?

The Income Tax Laws require an NR taxpayer to provide a Tax Residency Certificate (TRC) to avail DTAA benefits. NR taxpayers are required to furnish additional documents and information in Form 10F if certain prescribed details are not available in the TRC.

What if TRC is not available?

If the TRC is not produced by the non-resident, he would not be able to apply beneficial provisions of the Treaty, if any and the Indian Company will have to apply the provisions of domestic Income Tax Act on that payment and withhold the tax accordingly.

What is TRC and form 10F?

Background. The Income Tax Laws require an NR taxpayer to provide a Tax Residency Certificate (TRC) to avail DTAA benefits. NR taxpayers are required to furnish additional documents and information in Form 10F if certain prescribed details are not available in the TRC.

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What is form 10FA?

Application for Certificate of residence for the purposes of an agreement under section 90. and 90A of the Income-tax Act, 1961.

Is 10F mandatory?

Taxpayers are not required to file the TRC and Form 10F along with the tax returns.

Who can get tax residency certificate in India?

TRC may be required by non-resident Indians (NRIs) to submit to their host country and it may also be required by foreign nationals who have earned an income from India and want to take treaty benefits. TRC in India can be obtained by submitting Form 10FA to the income tax authorities in India.

Why form 10FA is required?

Taxpayers who are citizens or residents of India can instantly get a TRC by producing a request in Form 10FA to the tax professionals. The form needs information such as surname, address of taxpayers, basis for maintaining residency in India, purpose and the duration for which TRC is required.

Is TRC mandatory for claiming DTAA benefit?

A TRC is typically valid for one financial year and no other document in lieu of TRC is considered for availing DTAA benefits. Therefore, it is mandatory to submit TRC every year in order to avail DTAA benefit without any hassles.

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