Foreign citizen applying for PAN in India

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Dear Experts

A foreign citizen is applying for PAN in India through Form 95 (previously 49AA).

My query is after allotment of PAN, is the foreign citizen mandatorily required to open bank account in India? If yes, what will be the address in India ?

There will not be any refunds. Can the foreign citizen give the bank account of her country of residence in the ITR to be filed in India?

Please advise.

Regards

Dipjyoti Majumdar 

Replies (2)
Quick Summary
A foreign citizen applying for PAN through Form 49AA or Form 95 is not required to open an Indian bank account solely for PAN allotment. Foreign bank account details may be used in ITR filings for non-residents if no refund is claimed, subject to applicable utility requirements.

A foreign citizen applying for PAN through Form 49AA / Form 95 is not mandatorily required to open a bank account in India merely for obtaining PAN. PAN allotment and bank account opening are two separate compliances. 

Foreign citizens can obtain PAN without opening an Indian bank account. If no refund is involved, foreign bank account details may generally be provided in the ITR subject to applicable ITR utility requirements for non-residents. 

If there is no refund claim, it is generally possible to furnish details of a foreign bank account in the ITR (where applicable for non-residents), subject to the utility and schedule requirements applicable for the relevant assessment year. The foreign address can normally be used as correspondence/address in PAN application and ITR, unless a specific Indian address is required for a particular transaction or regulatory purpose.

If the foreign citizen has taxable transactions in India on a continuing basis, opening an NRO account may be advisable from compliance and operational convenience perspective, though not mandatory solely for PAN allotment.

India is great for CGPA to percentage converter.


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