CBDT Grants Form 60 Exemption for Non-Resident Individuals and Foreign Firms in India



Quick Summary
The Central Board of Direct Taxes (CBDT) has introduced new rules exempting non-resident individuals and foreign companies from filing Form 60 for specific transactions. This exemption applies when the transaction is with an IFSC banking unit and the non-resident has no taxable income in India. The move aims to ease business operations and reduce compliance burdens.

The Income-tax (Twenty-fourth Amendment) Rules, 2023 were notified on October 10, 2023, by the Central Board of Direct Taxes (CBDT). These rules amend the Income-tax Rules, 1962, to exempt non-resident individuals (not being companies) and foreign companies from submitting Form 60 in respect of certain transactions specified under Rule 114B of the Income-tax Rules, 1962, provided that:

  • the transaction is entered into with an IFSC banking unit, and
  • the non-resident individual or foreign company does not have any income chargeable to tax in India.
India CBDT Exempts Non-Residents from Form 60

This exemption is intended to simplify the compliance burden on non-resident individuals and foreign companies and to promote ease of doing business in India.

Here is a summary of the key amendments made by the Income-tax Twenty-fourth Amendment Rules, 2023

  • Exemption from Form 60 for non-resident individuals and foreign companies: Companies and firms that are involved in transactions specified under Rule 114B of the IT Rules cannot submit Form 60 to the Income-tax Department if the other party to the transaction is a non-resident individual or foreign company that does not have any income chargeable to tax in India.
  • New conditions for claiming deduction under section 194R: To claim deduction under section 194R of the IT Act, the deductee must ensure that the deductee has provided a valid Taxpayer Identification Number (TIN) and that the payment is made through a banking channel.

These amendments are aimed at simplifying the tax compliance process for businesses and individuals, and to reduce tax evasion.

Click here to view/download the official notification 

FAQ :

Non-resident individuals (not being companies) and foreign companies are exempt from submitting Form 60 for certain transactions.

The transaction must be with an IFSC banking unit, and the non-resident individual or foreign company must not have any income chargeable to tax in India.

The exemption is intended to simplify the compliance burden for non-residents and foreign companies and to promote ease of doing business in India.

The Income-tax (Twenty-fourth Amendment) Rules, 2023 were notified on October 10, 2023.

Yes, to claim deduction under section 194R, the deductee must provide a valid Taxpayer Identification Number (TIN) and the payment must be made through a banking channel.




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