Requirement of Form 10F, Tax Residency Certificate and No Permanent Establishment Declaration from the Non-resident Supplier in case of payment for import of goods for more than Rs. 2 crore in a year.
1. As per the amended Explanation 2A to Section
9(1)(i) of the Income-tax Act, 1961, significant economic presence of a
non-resident in India shall constitute “business connection” in India and
“significant economic presence” for this purpose, shall mean transaction in
respect of any goods, services or property carried out by a non-resident with
any person in India including provision of download of data or software in
India, if the aggregate of payments arising from such transaction or
transactions during the previous year exceeds Rs. 2 crore (as prescribed under
Rule 11UD of the Income-tax Rules, 1962).
2. For the purpose of availing benefit of DTAA
under Section 90 in respect of taxation of "Business Profits", it is
now essential to obtain Form 10F, Tax Residency Certificate (TRC) and No
Permanent Establishment Declaration from the Supplier in case of payment for
import of goods as well for making payment without TDS under Section 195.
3. Non-residents can submit Form 10F through
e-filing only on the Income Tax portal (furnishing it manually is not
permissible). For this purpose, they can register on the Income Tax portal
without having a PAN now.
4. To avoid any litigation for non-deduction of
tax at source at a later stage, it is advisable that importers of goods making
payment of more than Rs. 2 crore in a year to a non-resident supplier should
inform the supplier about the above compliance requirement and obtain these
documents from them. It should be noted that a fresh Form 10F is required to be
obtained each year.
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