Tax Compliance
Residency Certificate Services
Essential documentation services for claiming tax benefits under
Double Taxation Avoidance Agreements (DTAA)
Application for Tax Residency Certificate (TRC) for Indian Residents
A Tax Residency Certificate (TRC) is required by Indian residents earning income from a foreign country to claim tax benefits under Double Taxation Avoidance Agreements (DTAA). The application is made in Form 10FA to the Assessing Officer, and upon verification, a TRC is issued in Form 10FB. This certificate is essential for reducing tax liability abroad by proving Indian tax residency. To qualify, the applicant must be a tax resident of India during the relevant financial year. The TRC must be submitted to the foreign country's tax authorities to avoid or reduce double taxation.
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Application for TRC by Non-Resident Indians (NRIs)
NRIs who are tax residents of another country must obtain a Tax Residency Certificate (TRC) from that country's tax authority to avail DTAA benefits in India. This TRC must certify the NRI's tax residency status abroad for a particular financial year. Along with the TRC, Form 10F and a self-declaration may be required while filing returns in India. The purpose is to ensure the taxpayer is not doubly taxed in both countries. The TRC must include key details like name, status, nationality, tax identification number, and validity period, which must be accepted by Indian tax authorities.
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TRC Requirements for Claiming DTAA Benefits
To avail relief under a Double Taxation Avoidance Agreement (DTAA), taxpayers must furnish a valid TRC obtained from their resident country's tax authority. The TRC should mention all key information as prescribed under Rule 21AB of the Income Tax Rules. This includes name, address, status, nationality, tax ID, and the period of residency. Incomplete TRCs must be supplemented with Form 10F. Without a valid TRC, Indian tax authorities may deny DTAA relief. This certificate is pivotal for reducing TDS rates or exempting certain incomes from tax based on the treaty terms.
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Furnishing Form 10F & Additional Documentation
Form 10F is required when a non-resident's TRC lacks complete information as required by Indian tax laws. This form is a declaration by the taxpayer confirming key details such as nationality, tax identification number, and the residential status for DTAA claims. Along with the TRC and Form 10F, the taxpayer may need to submit a self-attested passport copy, visa status, and address proof. These documents are essential to substantiate tax residency and to reduce the applicable TDS. Submission of accurate and complete documents helps avoid rejection of DTAA benefit claims.
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TRC Applicability & Requirements Matrix
Scenario | TRC Required From | Purpose | Additional Documents | Form Involved |
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Indian Resident earning abroad | India (Income Tax Dept.) | To claim DTAA relief abroad | PAN, income proof | Form 10FA & 10FB |
NRI earning in India | Foreign Country | To claim DTAA relief in India | TRC, Form 10F, passport copy | Form 10F (in India) |
TRC lacks full info (e.g., no TIN or status) | India/Foreign (as applicable) | To complete missing TRC information | TRC + Form 10F + self-decl. | Form 10F |
Corporate applicant (Indian or foreign) | Country of tax residency | To reduce withholding tax via DTAA | Incorporation proof, TRC | Form 10F (if needed) |
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