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What is Form 10F?, Who Needs It, and How to File It Online?

What is Form 10F, Who Needs It, and How to File It Online (1)

Do you earn income from India while living in another country? You might be able to pay less tax under a Double Taxation Avoidance Agreement (DTAA). This agreement ensures your income isn’t taxed twice—once in India and again in your home country.
To claim this benefit, you need an important document: Form 10F. Let’s understand its purpose, who needs it, and how to file it online.

What is Form 10F?

Form 10F is a tax form used by people who live outside India but earn income from India. If you want to avoid paying tax twice on the same income (once in India and once in your home country), you can claim benefits under DTAA (Double Taxation Avoidance Agreement).
But here’s the catch: To get this benefit, you need a Tax Residency Certificate (TRC) from your home country. If your TRC is missing some important details, you must submit Form 10F to complete the information.

Breaking Down the Terms:

✅ NR Taxpayer – Someone who does not live in India but earns income from India.
✅ DTAA (Double Taxation Avoidance Agreement) – A tax treaty between India and other countries that prevents you from being taxed twice on the same income.
✅ TRC (Tax Residency Certificate) – A document from your home country confirming that you are a tax resident there. You must submit a TRC to get DTAA benefits.

Why Do You Need Form 10F?

If your TRC is missing key details like:
✔ Your full name
✔ Foreign address
✔ Taxpayer Identification Number (TIN)
✔ Your tax status
Then, you must submit Form 10F online to fill in the missing details.

How Does It Help You?

✔ Avoids double taxation on your income earned in India.
✔ Allows you to claim tax exemptions and deductions as per DTAA.
✔ Ensures that your tax documents are complete and valid.
Simply put, if your TRC isn’t complete, Form 10F is the missing puzzle piece that helps you get tax relief.

Eligibility Criteria for Form 10F Who Needs to File Form 10F and Why?

If you’re an NRI (Non-Resident Indian) or a foreign company earning income in India, you can avoid double taxation by claiming benefits under the Double Taxation Avoidance Agreement (DTAA). To do this, you must submit:
✅ Form 10F (a self-declaration form)
✅ Tax Residency Certificate (TRC) from your country

Why is Form 10F Important?

🔹 Mandatory for NRIs – If your TRC is missing certain details, you must file Form 10F to complete the requirements.
🔹 Avoid Higher TDS (Tax Deducted at Source) – If you don’t submit this form, your income in India may be taxed at a higher rate.
🔹 No PAN? No Problem! – Earlier, NRIs needed a PAN card to file Form 10F online. But now, the Income Tax Department allows non-residents to register on the tax portal without a PAN and file the form electronically.

Key Update for Non-Residents Without PAN

Previously, NRIs without a PAN could only file Form 10F manually, and deadlines were extended until September 2023. But now, the tax department has introduced a new system where non-residents without a PAN can register and file Form 10F online easily.

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Documents Needed to File Form 10F

Before filing Form 10F, make sure you have the following documents ready:
✅ PAN Card (if available)
✅ Proof of Address in your country of residence
✅ Tax Residency Certificate (TRC) mentioning your residential status and duration
✅ Taxpayer Status (whether you’re an individual, company, trust, or firm)
✅ Proof of Nationality (for individuals) OR Proof of Incorporation/Registration (for companies and firms)
✅ Tax Identification Number (TIN) or any other unique tax number from your home country
✅ Digital Signature Certificate (DSC) to verify and submit the form online
Having these documents handy will ensure a smooth filing process and help you claim tax treaty benefits hassle-free!

Is It Mandatory to File Form 10F Online? Do You Need a PAN Card?

Was Form 10F Always Required to Be Filed Online?
Earlier, filing Form 10F online was mandatory for claiming tax treaty benefits. However, this created problems for foreign companies and NRIs without a PAN card, as they couldn’t register on the Income Tax Portal without one.

What’s the Rule Now?

✅ NRIs & foreign entities can now register on the Income Tax Portal without a PAN.
✅ PAN card is NOT required anymore to file Form 10F online.
✅ NRIs without a PAN can easily register and submit Form 10F electronically by providing basic details.

How Can You Register Without a PAN?

To register on the Income Tax Portal without a PAN, you need to provide:
📌 Basic details – Name, date of incorporation (for companies), Tax Identification Number (TIN), and country of residence.
📌 Key contact details – Name, date of birth, TIN, and designation of the authorized person.
📌 Communication details – Primary & secondary mobile numbers, email IDs, and postal address.
📌 Attachments –
✔ ID proof & address proof (valid in your country of residence).
✔ Tax Residency Certificate (TRC).
Once your details are verified, you will receive a User ID via email to log in to the Income Tax Portal. After logging in, you can upload Form 10F electronically.

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How to File Form 10F Online?

Here’s a simple step-by-step guide to filing Form 10F online:
🔹 Step 1 – Go to the Income Tax e-filing portal and log in using your PAN or User ID. Register if you don’t have an account.
🔹 Step 2 – Click on ‘e-File’ → ‘Income Tax Forms’ from the dashboard.
🔹 Step 3 – Select ‘File Income Tax Forms’.
🔹 Step 4 – Click on the ‘Person not dependent on any source of income’ tab.
🔹 Step 5 – Find Form 10F in the last column and click ‘File Now’.
🔹 Step 6 – Enter your PAN (if available) and choose the assessment year. Click ‘Continue’.
🔹 Step 7 – Read the instructions and click ‘Let’s get started’.
🔹 Step 8 – Fill in the required details, such as name, father’s name, country of residence, TIN, Section 90/90A details, etc.
🔹 Step 9 – Select the validity period of your Tax Residency Certificate (TRC) and your foreign address.
🔹 Step 10 – Attach a scanned copy of your TRC.
🔹 Step 11 – Sign the form using a Digital Signature Certificate (DSC) or Electronic Verification Code (EVC).
🔹 Step 12 – Click on ‘Preview’ to check your details before submitting.
✅ Done! Once submitted, your Form 10F is successfully filed.
Now that filing Form 10F is easier, NRIs and foreign entities can avoid higher TDS deductions and claim tax treaty benefits without any hassle.

What Happens If You Don’t File Form 10F?

Filing Form 10F is important if you want to claim tax benefits under India’s tax treaties with other countries. According to a government notification issued on 16th July 2022, if you don’t submit this form, you will not get the benefits of the DTAA (Double Taxation Avoidance Agreement).

Consequences of Not Filing Form 10F:

❌ Higher TDS deduction – If you don’t submit Form 10F, your income in India will be taxed at a higher rate.
❌ Tax & legal issues – If you wrongly claim a lower tax rate without filing Form 10F, you may be treated as an assessee in default (someone who hasn’t met tax obligations).
❌ Banking & remittance problems – Many banks and financial institutions require proper tax documents before processing transactions for NRIs.
Earlier, NRIs without a PAN card were allowed to manually file Form 10F (until 31st March 2023), but this option may not be available again. So, if you’re an NRI, it’s best to have a PAN card to ensure a smooth filing process.

Who Needs a Tax Residency Certificate (TRC)?

A Tax Residency Certificate (TRC) is necessary for anyone who:
✅ Earns income from another country that has a DTAA with India.
✅ Wants to avoid paying tax twice—once in their home country and again in India.
✅ Is a foreign national earning income in India and wants to claim tax benefits.

Why Is a TRC Important?

The TRC acts as proof of which country you are a tax resident of. This helps the Income Tax Department determine where your income should be taxed. Some NRIs may also need to submit their TRC to their host country to avoid taxation issues.

How to Get a Tax Residency Certificate (TRC)?

For Indian Residents:
If you are an Indian resident earning income abroad, you need to apply for a TRC through:
📌 Form 10FA – This is the application form for getting a residency certificate under Section 90(5) & Section 90A of the Income Tax Act.
📌 Form 10FB – Once your application is approved, the Income Tax Officer will issue your Tax Residency Certificate (TRC) using this form.
For NRIs & Foreign Residents:
If you are a non-resident earning income in India, you need to follow the procedure in your home country to get a TRC. The rules vary depending on where you live, but the certificate usually remains valid for one financial year.

If you’re an NRI or foreign company earning in India, not filing Form 10F can lead to higher tax deductions, legal issues, and financial hurdles. To avoid problems, make sure you:
✔ Obtain a TRC from your country of residence.
✔ File Form 10F on time (electronically via the Income Tax Portal).
✔ Get a PAN card if you plan to regularly deal with Indian taxation.
Taking care of these steps will help you save money and avoid unnecessary complications!

Why Should You File Form 10F?

Filing Form 10F comes with many benefits, especially for Non-Resident Indians (NRIs) and foreign companies earning income in India.

Benefits of Filing Form 10F:

✅ Lower Tax Deduction at Source (TDS) – If you don’t file Form 10F, the Indian government may deduct higher taxes on your income from India (like dividends, interest, or royalties). Filing it ensures you pay only what’s necessary.
✅ Legal Compliance – Filing Form 10F helps you legally claim tax benefits under the Double Taxation Avoidance Agreement (DTAA) between India and your home country.
✅ Faster Tax Refunds & Processing – When you file Form 10F, the Income Tax Department processes your returns more smoothly, helping you avoid delays and unnecessary scrutiny.

Conclusion

Filing Form 10F and obtaining a TRC ensures lower taxes, compliance with Indian tax laws, and smooth remittances for NRIs and foreign businesses. Avoid delays and penalties by staying compliant.

Why Choose E Accountax Manager?

At E Accountax Manager, we simplify tax compliance for NRIs, foreign companies, and businesses. Our experts ensure hassle-free DTAA benefits, lower tax rates, and proper documentation. Get professional guidance and avoid tax complications—trust us for expert tax solutions. Book your appointment today!

FAQs

1. Do I need a Tax Residency Certificate (TRC) to get tax treaty benefits?

Yes. As per Section 90(4) / 90A(4) of the Income Tax Act, without a TRC, you may be denied tax treaty benefits. However, in some legal cases (like Skaps Industries India Pvt. Ltd.), courts have ruled that if your residency is clearly proven, you should not be denied the benefits.

2. Which period should I mention in Form 10F, point (v)?

Use the same period mentioned in your TRC. The default period in the online form is 01.04.2023 to 31.03.2024, but you can change it if needed.

3. What if my TRC is for an earlier period than my income?

If your TRC covers a past period, you may not get tax treaty benefits. Some tax professionals allow older TRCs with a promise to provide a new one, but the Income Tax Department may reject this.

4. Can I use a TRC in a foreign language?

No. You need to provide an English-translated version of the TRC.

5. What is Form 10F, and why do I need it?

Form 10F is a self-declaration for NRIs and foreign taxpayers who want to claim DTAA benefits and avoid double taxation on their income in India.

6. What is Form 10F used for?

It allows NRIs and foreign entities to pay a lower TDS rate on income earned in India under India’s tax treaties with other countries.

7. Is it mandatory to file Form 10F online?

Yes, if you do not have a TRC and do not have a PAN card, you must file Form 10F online via the Income Tax e-filing portal. However, having a PAN card is not mandatory for filing Form 10F

8. Is Form 10F mandatory for foreign companies?

No, but filing it is highly beneficial as it helps foreign companies claim lower tax rates under DTAA.

9. Who needs to submit Form 10F?

You need to file Form 10F if:

✔ You are an NRI earning income in India.

✔ You want to claim DTAA benefits on your Indian income.

✔ Your TRC is missing certain details required under the DTAA.

Form 10F vs. Tax Residency Certificate (TRC)

Parameter | Tax Residency Certificate (TRC) | Form 10F

Purpose | Confirmation of a specific country's resident. | Offer details to get DTAA benefits.

Who issues it? | Issued by your home country’s tax authorities. | Self-declared by you.

Contents | Includes your name, address, tax identification number, and residency period. | Includes details of income type, DTAA article claimed, and missing TRC details.

10. Who needs a TRC?

Anyone who wants to claim DTAA benefits between India and their home country must get a TRC. It also helps in getting lower tax rates and other tax exemptions/deductions in the foreign country.

11. When is Form 10F needed?

You must submit Form 10F if your TRC does not contain all the required details under DTAA, such as:

📌 Type of taxpayer (individual, company, etc.)

📌 PAN or Aadhaar number (if available)

📌 Nationality (for individuals) or country of incorporation (for companies)

📌 Tax Identification Number (TIN) in your home country

📌 TRC validity period

📌 Home country address

12. How long is a TRC valid?

The validity of a TRC depends on your home country’s tax laws and the terms under which it is issued. Usually, it remains valid for one financial year.

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CA Jitendra Agarwal

CA Jitendra Agarwal

CA Jitendra Agarwal, a Chartered Accountant, is an experienced Income Tax Advisor with a proven track record in tax planning and compliance.

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