Tax Residency Certificate (TRC)  For Indian Resident Assessee

From 01.4.2013 the India Residents who earns Income from Countries with which India have a DTAA can obtain  a Tax Residency Certificate from Income Tax Department. The same may be submitted to the Payer to claim DTAA Benefit.

An assessee, being a resident in India, shall, for obtaining a certificate of residence for the purposes of an agreement referred to in section 90 and section 90A, make an application in Form No. 10FA to the Assessing Officer.

The Assessing Officer on receipt of an application referred to in sub-rule (3) and being satisfied in this behalf, shall issue a certificate of residence in respect of the assessee in Form No. 10FB.

Tax Residency Certificate (TRC)  For Non Resident Assessee

(1) From 01.04.2012 An assessee, not being a resident in India, shall obtain  Tax Residency Certificate (TRC) from the Government of the country or the specified territory of which Assessee claims to be resident , which shall contain the following particulars, namely:-

(i)  Name of the assessee;

(ii)  Status (individual, company, firm etc.) of the assessee;

(iii)  Nationality (in case of individual);

(iv)  Country or specified territory of incorporation or registration (in case of others);

(v)  Assessee’s tax identification number in the country or specified territory of residence or in case no such number, then, a unique number on the basis of which the person is identified by the Government of the country or the specified territory;

(vi)  Residential status for the purposes of tax;

(vii)  Period for which the certificate is applicable; and

(viii)  Address of the applicant for the period for which the certificate is applicable;

(2) The above details shall be provided by the non resident assessee in Form 10F

(3) The certificate referred to in sub-rule (1) shall be duly verified by the Government of the country or the specified territory of which the assessee, referred to in sub-rule (1), claims to be a resident for the purposes of tax.

Certificate for claiming relief under an agreement referred to in sections 90 and 90A is specified under rule 21AB of the Income Tax Rules.

For Ready Reference the extract of the rule has been reproduced:

21AB. [(1) Subject to the provisions of sub-rule (2), for the purposes of sub-section (5) of section 90 and sub-section (5) of section 90A, the following information shall be provided by an assessee in Form No. 10F, namely:—

(i) Status (individual, company, firm etc.) of the assessee;

(ii) Nationality (in case of an individual) or country or specified territory of incorporation or registration (in case of others);

(iii) Assessee’s tax identification number in the country or specified territory of residence and in case there is no such number, then, a unique number on the basis of which the person is identified by the Government of the country or the specified territory of which the asseessee claims to be a resident;

(iv) Period for which the residential status, as mentioned in the certificate referred to in sub-section (4) of section 90 or sub-section (4) of section 90A, is applicable; and

(v) Address of the assessee in the country or specified territory outside India, during the period for which the certificate, as mentioned in (iv) above, is applicable.

(2) The assessee may not be required to provide the information or any part thereof referred to in sub-rule (1) if the information or the part thereof, as the case may be, is contained in the certificate referred to in sub-section (4) of section 90 or sub-section (4) of section 90A.

(2A) The assessee shall keep and maintain such documents as are necessary to substantiate the information provided under sub-rule (1) and an income-tax authority may require the assessee to provide the said documents in relation to a claim by the said assessee of any relief under an agreement referred to in sub-section (1) of section 90 or sub-section (1) of section 90A, as the case may be.]

(3) An assessee, being a resident in India, shall, for obtaining a certificate of residence for the purposes of an agreement referred to in section 90 and section 90A, make an application in Form No. 10FA to the Assessing Officer.

(4) The Assessing Officer on receipt of an application referred to in sub-rule (3) and being satisfied in this behalf, shall issue a certificate of residence in respect of the assessee in Form No. 10FB.]

(Republished With Amendments)

Also Read:

Will Tax Residency Certificate [TRC] be sufficient ? May not be?

How to report Incomes from India while filing tax return in USA?

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26 Comments

  1. Ramji Krishnan says:

    Being a Dubai based company offering services to Indian companies and with no IT applicable in UAE, how can we circumvent the TDS deduction of our invoice by our Indian client

  2. HeyBro says:

    For a foreign company to receive payments from an India company for services< is there any requirement on what year the Tax Residency Certificate needs to be dated? For example, if my tax year(2020) is always 1 year behind the current year(2021), will this be a problem with holding a valid certificate?

  3. Kirill Rudoy says:

    Dear Sir / Madam,

    For many years we’ve been working with Indian reinsurance companies & brokers from India and each year we’re asking our Indian partners for Tax Residence Certificates in order to avoid their double taxation. Such documents in Form 10FB are asked to be provided in hard copy, which is manually signed, as requested by the Tax and Duties Ministry of the Republic of Belarus. But recently we’ve noticed that Indian companies are not able to provide us with manually signed copies and only provision of digital version of TRC is possible.

    Therefore hereby we’re interested if Tax Residence Certificates in Form 10FB are provided in digitally signed version only at the moment.

    Could you please share the link to the official sources, where it is confirmed that Income Tax Department of India are now issuing TRCs in digital format only.
    This apparently will help us to persuade Belarusian tax authorities to accept digitally signed copies of TRCs.

    Thanks a lot in advance.

    Best Regards,

    Kirill Rudoy

  4. Gajanan K says:

    If anyone want to ” How to get Tax Residency Certificates ?” . I can help to get TRC , You can reach me skype :gajanan.khirao. One time fee of INR 500/- applicable, i can filled documents for you.

    1. Sanjay Zantye says:

      Hi Gajanan,

      I need Tax Residency for my Company. We had acquired the same earlier in 2018-19 and 2019-20. But could not get it during last year. Our AO is at Commissioner Thane.
      If you can help get the same, please reach me on email address or 9594937327 urgently.

      Regards,
      Sanjay Zantye

  5. Riti Lal says:

    Can we get Tax Residency Certificate, online? I am working for a Spanish Company and I have to submit this Certificate to avoid double taxation.

  6. rksca says:

    Hi Team
    I have a company based out in INDIA and i provide the services in SINGAPORE.
    The Payments which i receive from the Singapore entity is after deduction of 10% witholding Tax.
    Can you please guide me on how i can claim the benefit of DTAA as i will be required to pay the taxes in INDIA also.

  7. ramya acharya says:

    We have availed service from a UK based company and have made payments after deducting TDS u/s 195. The company has provided us with Tax Residency Certificate to claim benefit under DTAA and wants TDS certificate for tax deducted by us. Kindly let us know what is the process for issuing a TDS certificate.

  8. Jerish says:

    Please note that the entire provisions are relating to an Assessee not being a resident in India……
    Section 90(4) and 90A(4)……
    Why an resident assessee shall obtain a TRC when the provisions of S-90&90A are not applicable?
    Please correct it.

  9. CA Rajendra Hegde says:

    A foreign Company has to file a return of income in India for the AY 2015-16. The Company name has been changed in the home country in August 2014. However, PAN correction has not been made in India to effect the change in Name. Now my question is if we take TRC and Form 10F in new name for the FY 2014-15, is there any issue? Can I claim the benefit of the DTAA if TRC and Form 10F is issued in new name?

    1. Niranjan singh says:

      Dear sir.can I take TRC fy 2022_23 for individual . Delhi has not issueing TRC for crunt year.issuing21-22 fy has gone.sir what rules says.pls mail me.

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