Just a moment...

⚠ ✕
❮ Top
☎ Help
☰
×

By creating an account you can:

Logo TaxTMI
Keyword Search :
AI Tools : New
Ask tax questions in natural language. Powered by AI trained on the TaxTMI legal database. Use AI Tools ➞
Call Us / Help / Feedback✕

Contact Us At :

✉ E-mail: [email protected]

✆ Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
Make Most of Text Search ✕
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
    6. Text Search
  6. The system will try to fetch results that contains ALL your words.
  7. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
    8. Text Search
╳
Add to...
You have not created any category. Kindly create one to bookmark this item!
✕
Create New Category
Hide
Title :
Description :
❮❮ Hide
❮ Default View
Expand ❯❯
Close ✕
🔎 News - Adv. Search ❯
TEXT SEARCH:

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In:
Main Text + AI Text ❯
  • Main Text
  • Main Text + AI Text
  • AI Text
Category: ?
Categorized by AI
---- All Categories ---- ❯
  • ---- All Categories ----
  • Income Tax
  • GST
  • Customs, DGFT & SEZ
  • FEMA & RBI
  • Corp. Laws, SEBI & IBC
  • PMLA, Black Money & ED
  • Budget
  • News and Press Release
  • PTI News
Month:
---- All Months ---- ❯
  • ---- All Months ----
  • January
  • February
  • March
  • April
  • May
  • June
  • July
  • August
  • September
  • October
  • November
  • December
Year:
---- All Years ---- ❯
  • ---- All Years ----
  • 2026
  • 2025
  • 2024
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2013
  • 2012
  • 2011
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
Relevance Default Date
❮
❯
❯❯
Maximize Maximize Maximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

+

Are you sure you want to delete "My most important" ?

NOTE:

Open Link
News
Showing Results for :
Reset Filters
Results Found:
Show All Summaries Hide All Summaries
March 26, 2026
Guidance Note – Form 38
Show AI Summary
Foreign inward remittance certificate supports royalty deduction claims for resident authors and patentees through bank-certified Form 38 filing.
Form 38 is the prescribed certificate for foreign inward remittance and is filed with the return of income to support a royalty deduction claim under the Income-tax Act, 2025. It applies to an individual resident in India who is an author or patentee deriving specified royalty income. The form is certified by the bank manager of the receiving bank, requires supporting remittance and verification documents, and is submitted through details of payer, payee, payment, and electronic verification.
March 26, 2026
Form 38 – Frequently Asked Questions
Show AI Summary
Foreign royalty deduction requires Form 38, bank certification, and proof that remittance reached India within the prescribed period.
Form 38 is the prescribed statement to be filed with the return of income for claiming deduction in respect of foreign inward remittance from royalty income. It applies to an individual resident in India who is an author or patentee, must be certified by the receiving bank manager, and serves to evidence that the foreign royalty was brought into India within the prescribed period. The deduction is subject to the stated monetary ceiling for the financial year.
March 26, 2026
Guidance Note - Form 37
Show AI Summary
Royalty income deduction for patentees hinges on Form 37, electronic filing, patent certification, and foreign remittance conditions.
Form 37 is the prescribed certificate for claiming deduction in respect of royalty income received by a resident individual patentee under the Income Tax Act, 2025. The form requires completion of patentee details, patent particulars, royalty agreement information, royalty received, foreign remittance data, and deduction claimed. Part A is verified by the patentee and Part B is certified by the Controller of Patents. It is filed electronically with supporting documents such as the royalty agreement, bank statement, foreign inward remittance certificate, and RBI approval where applicable.
March 26, 2026
Form 37 – Frequently Asked Questions
Show AI Summary
Patent royalty deduction compliance requires valid Form 37, electronic filing, mandatory PAN, and certification by the Controller of Patents.
Form 37 is the prescribed certificate for a resident individual patentee claiming deduction for royalty income under section 152(5) of the Income-tax Act, 2025. The patentee must self-declare the royalty details in Part B, while the Controller of Patents must certify the patent registration and related particulars in Part C. The form must be filed electronically on the e-filing portal within the prescribed due date, cannot be filed offline, and once validly submitted it cannot be edited. PAN of the patentee is mandatory, no attachment is required, and royalty amounts received in foreign currency must be stated in Indian rupees.
March 26, 2026
Guidance Note - Form 36
Show AI Summary
Royalty income deduction claims require Form 36, with author declaration, publisher certification, and foreign remittance details.
Form 36 is the prescribed electronic certificate for claiming deduction under section 151(5) of the Income-tax Act, 2025 in respect of royalty income or similar consideration received by an author for publication of a book. It requires disclosure of the author, the book, the payer, royalty receipts, foreign remittance details, and the deduction claimed, along with taxpayer declaration and publisher certification. Supporting documents include the author-publisher agreement, royalty statements, bank records, and ISBN or publication proof.
March 26, 2026
Form 36 – Frequently Asked Questions
Show AI Summary
Royalty income deduction certificate requires timely electronic filing by authors, with mandatory PAN, self-declaration, and publisher certification.
Form 36 is the prescribed certificate for claiming deduction under section 151(5) of the Income-tax Act, 2025 by authors of scientific, literary or artistic books who receive royalty income, copyright fees, lump-sum consideration, or similar income. The form must be filed electronically by the author, with self-declaration and publisher certification, on or before the applicable due date, and valid filing is a mandatory condition for an admissible deduction claim. The form cannot be edited after submission, offline filing is not permitted, and the author's PAN and deduction amount claimed are mandatory fields.
March 26, 2026
Guidance Note – Form 35
Show AI Summary
Deduction claims for offshore banking and IFSC units require accountant-certified Form 35 with income, expense and permission details.
Form 35 is the accountant's report to be furnished with the return of income for assessees claiming deduction on income from Offshore Banking Units in Special Economic Zones or units of an International Financial Services Centre. It applies to scheduled or foreign banks having such a unit, and requires verification by a chartered accountant. The form covers basic assessee details, unit particulars, permission documents, prior deduction claims, and income, expense and deduction figures, with e-verification through the chartered accountant's digital signature certificate.
March 26, 2026
Form 35 – Frequently Asked Questions (FAQs)
Show AI Summary
Deduction claims for offshore banking units require Form 35, accountant verification, and filing with the return of income.
Form 35 is the accountant's report to be filed with the return of income by assessees claiming deduction on income from Offshore Banking Units in Special Economic Zones or units of an International Financial Services Centre. It must be verified by a chartered accountant and filed by the return due date. The form captures unit particulars, permissions, income, expenses, net income and previous claims, and requires e-verification with the chartered accountant's digital signature certificate.
March 26, 2026
Guidance Note - Form 34
Show AI Summary
Additional employee cost deduction guidance for audited assessees filing Form 34 with Chartered Accountant verification.
Form 34 is the prescribed report to be filed with the return of income by audited assessees claiming deduction for additional employee cost under section 146 of the Income-tax Act, 2025. It is verified by a Chartered Accountant and filed under Rule 68. The deduction is stated to be 30% of the additional employee cost for three tax years, and the form applies to assessees earning business or professional income who are liable to audit under section 44AB and satisfy the payment conditions for employee emoluments through permitted banking or electronic modes.
March 26, 2026
Marine insurance 101: Understanding loss and abandonment claims
Show AI Summary
Marine insurance loss and abandonment claims explained through partial loss, total loss and claim documentation requirements.
Marine insurance distinguishes partial loss from total loss, including particular average loss, general average loss, actual total loss and constructive total loss. Abandonment allows the insured to relinquish rights in damaged or lost cargo or vessel to the insurer and claim the insured value when recovery or repair is not commercially viable. The claim process depends on prompt notice, formal relinquishment, supporting documents, surveyor assessment and verification under the policy terms.
March 26, 2026
Form 34 – Frequently Asked Questions
Show AI Summary
Additional employee cost deduction through Form 34 depends on audit, eligibility conditions, and prescribed payment modes.
Deduction for additional employee cost is claimed through Form 34, which audited assessees must file with the return of income and have verified by a Chartered Accountant. The form applies to business or professional assessees liable to audit and supports a deduction of 30% of additional employee cost for three consecutive tax years. Additional employees are subject to eligibility conditions, and emoluments exclude employer pension or provident fund contributions and terminal lump-sum payments.
March 26, 2026
Guidance Note – Form 33
Show AI Summary
SEZ deduction claim documentation requires Form 33, reserve account details and plant acquisition particulars for verification.
Form 33 is the prescribed statement for an assessee claiming deduction in respect of profits and gains derived by newly established units in SEZ under section 144 of the Income-tax Act, 2025. It is to be furnished along with the return of income and verified by the proprietor, partner or director. The form captures particulars of the assessee, the unit, the SEZ Reinvestment Allowance Reserve Account, withdrawals from the reserve, and details of plant or machinery purchased from withdrawn amounts, together with verification and e-verification requirements.
March 26, 2026
Form 33 – Frequently Asked Questions
Show AI Summary
SEZ reinvestment reserve reporting: Form 33 supports deduction claims for new plant and machinery purchases under section 144.
Form 33 is the prescribed statement for assessees claiming deduction under section 144 in respect of profits and gains derived by newly established units in SEZs. It is filed where amounts are withdrawn from the SEZ Reinvestment Reserve Account for purchase of new plant or machinery, and it must be verified by the proprietor, partner, or director. The form is to be filed along with the return of income, and the deduction is based on the particulars reported in the form.
March 26, 2026
Guidance Note – Form 32
Show AI Summary
Audit report form requirements govern deduction claims under specified income-tax provisions, with section-wise disclosures and chartered accountant verification.
Form 32 is the prescribed audit-report form for assessees claiming deductions under the specified provisions of the Income-tax Act, 2025, and it must be verified by a Chartered Accountant. The form is filed by the due date applicable to the audit report and requires basic particulars, section-specific disclosure fields, supporting documents such as agreements, SEZ notifications, start-up certification, turnover and profit details, and capital expenditure details where relevant. Filing is completed by entering the applicable deduction particulars and electronic verification through the Chartered Accountant's DSC.
March 26, 2026
Delhi Police EOW books entities of Gurugram-based firm Experion for fraud
Show AI Summary
Insolvency and Bankruptcy Code misuse allegations surface over creditor voting control and resolution process conduct in a fraud FIR.
Fraud allegations arose from an FIR filed on the basis of an Enforcement Directorate complaint linked to a money laundering probe. The complaint stated that Experion entities were examined in relation to the insolvency proceedings of Dignity Buildcon Private Limited and were said to have misused the Insolvency and Bankruptcy Code during the Corporate Insolvency Resolution Process. It further alleged acquisition of debt and debentures to increase voting rights in the Committee of Creditors and pressure on the authorised representative of Alchemist Asset Reconstruction Company to vote for a resolution plan.
March 26, 2026
Form 32 – Frequently Asked Questions
Show AI Summary
Audit report requirements govern deductions for specified business, start-ups, SEZ units, and North-Eastern eligible businesses.
Form 32 is the audit report required for deductions under the specified provisions of the Income-tax Act, 2025, and must be verified by a Chartered Accountant. It applies to claims for specified business capital expenditure, industrial and infrastructure undertakings, SEZ development, eligible start-ups, housing projects, North-Eastern business units, and newly established SEZ units, and must be filed by the audit-report due date. The document also states the conditions for specified business capital expenditure, start-up eligibility and duration, and the qualifying North-Eastern businesses.
March 26, 2026
Guidance Note - Form 31
Show AI Summary
Rent deduction declaration requires Form 31, with landlord details, rent evidence, and e-verification alongside the return.
Form 31 is the declaration to be furnished by an assessee claiming deduction under section 134 of the Income-tax Act, 2025 in respect of rent paid for residential accommodation. It applies to a resident individual who pays rent for furnished or unfurnished accommodation, does not receive house rent allowance, and does not own residential property at the place of employment or residence. The form is to be filed along with the return of income and requires rent details, landlord particulars, supporting documents, and e-verification through DSC or Aadhaar.
March 26, 2026
Form 31 – Frequently Asked Questions
Show AI Summary
Rent deduction declaration under section 134 requires Form 31 for eligible resident individuals without house rent allowance.
Form 31 is the declaration required for claiming deduction under section 134 for rent paid for residential accommodation. It applies to a resident individual who does not receive house rent allowance and does not own residential property at the place of employment or residence. The form must be filed along with the return of income, and the deduction is available on the basis of details furnished in the form, subject to the annual ceiling of Rs. 60,000.
March 26, 2026
Guidance Note - Form 30
Show AI Summary
Deduction for dependant with disability requires Form 30, supported by medical certification, filing details, and electronic verification.
Deduction for maintenance, medical treatment, training and rehabilitation of a dependant with disability is supported by Form 30, which must be filed by a resident individual claiming expenditure for a dependant with disability or payments under an approved scheme. The form is filed with the return of income, supported by the medical authority certificate, and requires completion of assessee details, patient and disability particulars, upload of the signed verification, and e-verification through DSC or Aadhaar.
March 26, 2026
Form 30 – Frequently Asked Questions
Show AI Summary
Disability-related tax deduction requires Form 30, medical certification, and timely filing with the return of income.
Deduction is available for maintenance, including medical treatment, training and rehabilitation, of a dependant who is a person with disability, and for payments made under a qualifying insurance or specified scheme. Form 30 is the prescribed statement for claiming the deduction and must be filed by a resident individual along with the return of income. The medical authority certificate must be uploaded online, and a fresh certificate is required when a temporary disability certificate expires.

News

Back

All News

Showing Results for :
Reset Filters
No Records Found

News

Home › news › Income Tax › 2026 › March, 2026 › This
Back

All News

whatsapp Join Channel
Showing Results for : Reset Filters
Income Tax

Guidance Note - Form 40

March 26, 2026

Contents
Forms
Summary
Note

Note

-

Bookmark

Print

Print

Print Options

GUIDANCE NOTE

Form 40 – Form to exercise the option under Section 159 of the Act

Purpose:

Form 40 is prescribed under Rule 74 and is required to be filed by Indian residents to claim tax relief under Section 159 of ITA 2025 for income accrued in a foreign retirement account maintained in a notified country (e.g., USA, UK, Canada, Australia). This form allows for the deferral of taxation until the income is withdrawn or redeemed in the foreign country.  

The purpose of the provision is to prevent double taxation on income from a foreign retirement fund that might be taxed both on an accrual basis in India and on a withdrawal basis in the foreign country. By allowing the relief claimed through this form, tax is deferred in India until the year of withdrawal from the foreign account, aligning the tax treatment in both jurisdictions.

Who Should File:

The form is to be filed by a "specified person" (resident Indian) who has a retirement account in a "notified country", to claim tax relief under Section 159 of the Income Tax Act.

The applicant should not have previously exercised this option, because the option, once exercised, is irrevocable, and it applies for all future years and all specified accounts.

When and How to File:

  1. The form shall be filed on e-filing portal.
  2. The form shall be furnished electronically either under digital signature or through electronic verification code verified by the resident Indian.
  3. The form must be filed on or before the due date for furnishing the income tax return (ITR) for the relevant tax year.  
  4. The form must be verified by the resident Indian.

Filing Count:

The number of Form 40 filed over the past five years is 977.

Structure of Form 40:

  • Basic Details: Name, PAN, address, Tax year, residential status,
  • Details of Specified Retirement Benefit Account(s): Country’s name, account number,
  • Income details: Nature of income, amount accrued, withdrawn etc.
  • Declaration of option
  • Formal verification by the applicant.

What are the documents required to file the Form 40?

Following documents are required for filing Form 40:

  • Specified Account or Foreign Retirement Account details - Account number(s), Date of account opening, Account balance at the end of the previous tax year.
  • Name of the retirement fund and the notified country.
  • Details of income already taxed in India in earlier years, if any. A copy of instrument of trust evidencing the formation of the fund.
  • Copy of statement of the specified account having above details.
  • Document showing how the income from specified account has been taxed or is taxable in the notified country including relevant statutory provision of the notified country or any other relevant document.
  • Computation of income for all the tax years in which the income from specified account has already been included in the total income. A reconciliation statement of the computation of income with the return of income for the said tax years.

What is the process flow of filing Form 40?

The process flow includes following steps

  • Prepare the application: Fill Form 40, ensuring all columns are complete with accurate details.
  • Attach mandatory documents.
  • Sign/verify: Application, annexures, and all attached statements must be signed or digitally signed or electronically verified by the Resident Indian.
  • Submit online on the e-filing portal.

Outcome of processed Form 40:

  • Where the declaration is accepted, the applicant is taxed in India only when withdrawals happen from the specified retirement accounts, not on annual accruals.
  • This gets applicable for all successive tax years.

Key updates include the following

  • Dropdown has been provided to in data fields relating to nature of income, and manner of taxation of income in the notfied country.
  • Data field relating to address of specified person has been omitted.
  • Declaration has been substituted by Verification, and language has been simplified.

Improved Applicant Experience, Expedited Process:

The language of the Form has been simplified. The data fields sought to be captured have been rationalized and standardised, viz. dropdown etc.

***

Topics

Acts Income Tax
Next ➔