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

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:-

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(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 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.

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0 responses to “Tax Residency Certificate (TRC) for Indian & Non Resident wef 01.04.2013”

  1. 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?

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