Form 10f
This query is : Resolved
08 August 2013
New amendment of Form 10F w e f 1st august 2013, for foreign payment, or getting under relief of DTAA, what is this dorm 10F? is dis paid by the payee along Tax residence Certificate or what? please confirm....
Kirit Premji Dedhia
(Expert)
12 August 2013
The Rules 21AB(1)&(2) have been replaced with new rules effective from 1/04/2013. This implies, the old sub-rules (1) & (2) of Rule 21AB are no more applicable. Under old rules, a format of TRC was specified which mandated that said TRC in a prescribed form must have been signed by foreign government. Now, with new rules in place, the mandate is to have form 10F in place signed by the Non resident alongwith TRC-in whatever form. As such, in my view , TRC (in any form) be obtained by the Indian entity as well as form 10F from the non resident so as to apply DTAA.
Kirit Premji Dedhia
(Expert)
12 August 2013
The Rules 21AB(1)&(2) have been replaced with new rules effective from 1/04/2013. This implies, the old sub-rules (1) & (2) of Rule 21AB are no more applicable. Under old rules, a format of TRC was specified which mandated that said TRC in a prescribed form must have been signed by foreign government. Now, with new rules in place, the mandate is to have form 10F in place signed by the Non resident alongwith TRC-in whatever form. As such, in my view , TRC (in any form) be obtained by the Indian entity as well as form 10F from the non resident so as to apply DTAA.
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