How to file Form10F online if foreign compnay has no Permanent Establishment, no FCRN, has a PAN


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This discussion addresses the challenge of a US-based company needing to file Form 10F online in India, despite having a PAN but no Permanent Establishment (PE) or FCRN. The core issue is the IT portal's requirement for an FCRN during registration, which the company lacks. While manual submission was extended to September 2023, this option may not apply to entities with a PAN. The conversation explores potential workarounds, including using a US-issued Digital Signature Certificate (DSC) for online filing and mentioning the FCRN issue in a covering letter for manual submission.

26 June 2023 A US-based company has a PAN card in India, in its name. Was taken for withholding tax issues. The US company has no permanent establishment in India. But now as Form 10F needs to be filed online for which the US company needs to first register on the IT portal, with their PAN card. But at the second stage of the registration process, there is a need to fill the FCRN. But as the US company does not have any permanent establishment and is NOT registered in India, and does not require to be registered in India, how can the FCRN requirement be fulfilled? how can we file Form 10F Online, without this process of registration?

26 June 2023 Submit manually, time extended till end of September 2023

27 June 2023 Thank you for your effort CA Seetharaman, but I have been unable to lay my hands on the notification/circular from CBDT regarding this extension till September 30, in the absence of which the company that has to release the payment still insists on the online filing of 10F. Would be thankful if you could help

27 June 2023 See the link.
https://taxguru.in/income-tax/manual-submission-form-10f-allowed-30th-september-2023.html

27 June 2023 Thank you CA Seetharaman, but this relaxation is only for those Non-residents who do not have a PAN, but the US company I mentioned has a PAN, so I believe they will need to online file the Form 10F? Is this assessment correct? But the another practical difficulty is how will the US company obtain a DSC???

28 June 2023 But there is problem in online filing mention the problem in the covering letter and file manually.
US company might be already having DSC they can use it.

28 June 2023 Thank you for your continued support and replies. I am grateful. If the US company has a DSC issued in the US, it can be used on our Indian Income Tax site?

28 June 2023 Yes, it can used check for it.

28 June 2023 Thank you Seetharaman ji, we will try . Once again thank you for your time and effort

28 June 2023 You are welcome..
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