In case of withholding tax liability u/s 195 tax is to be deducted if the payment is chargeable to tax in India. The documents such as Tax residency certificate, Form 10F and No PE declaration, interalia, are required to ascertain the taxability of the payment. Whether these documents are required to be obtained every year or the previous year documents will work for current year payments?
Frequency of Documents such as TRC, Form 10F and No PE declaration
Sanjeev Jain
Annual Update Needed for TRC, Form 10F, and No PE Declaration Under Section 195 for Withholding Tax Compliance In a discussion about withholding tax liability under section 195, a user inquired whether documents like the Tax Residency Certificate (TRC), Form 10F, and No Permanent Establishment (PE) declaration need to be updated annually or if previous year documents suffice for current year payments. The response suggested obtaining these documents at least once a year or as advised, noting that a counterparty might request them based on a Chartered Accountant's certificate requirements. (AI Summary)