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Executive summary. On 16 July 2022, the Indian Tax Administration (ITA) issued a notification1 mandating nonresident (NR) taxpayers to electronically furnish specific information in specified form (Form 10F) to avail Double Taxation Avoidance Agreements (DTAA) benefits.
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.
Conclusion: TRC being the proof of residence is mandatory when it comes to availing benefits of DTAAs and recommendatory in case of FTC and foreign remittances.
Executive summary. On 16 July 2022, the Indian Tax Administration (ITA) issued a notification1 mandating nonresident (NR) taxpayers to electronically furnish specific information in specified form (Form 10F) to avail Double Taxation Avoidance Agreements (DTAA) benefits.
Importance of Tax Residency Certificate (TRC) in India To claim income tax relief under the DTAA treaty, a Tax Residency Certificate is mandatory from the tax authority of your resident country.
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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).
The purpose of Form 10F is to establish your identity, that you are an Indian citizen, non-resident of India, and pay taxes in the country where you do live. The period of residential status you list on Form 10F should be the same as the period of residential status listed on your tax residency certificate.
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.
Income Tax SlabsIncome Tax RatesIncome greater than Rs 2.5 lakhs but less than Rs 5 lakhs5% of the amount exceeding Rs 2.5 lakhsIncome greater than Rs 5 lakhs but less than Rs 10 lakhsRs.12,500+20% of the amount exceeding Rs 5 lakhsIncome greater than Rs 10 lakhsRs.1,12,500+30% of the amount exceeding Rs 10 lakhs1 more row
The individual must file an ITR if the sum of their professional gross revenues for the preceding year exceeded Rs 10 lakh. A tax return for the year must be filed if TDS or TCS totaled Rs 25,000 or higher. This rule will apply to senior citizens if their combined TDS or TCS is Rs 50,000 or greater each fiscal year.

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