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March 26, 2026
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DTAA self-declaration for non-residents enables treaty tax benefits through electronic filing and residency verification.
Form 41 is a self-declaration for non-resident taxpayers seeking Double Taxation Avoidance Agreement benefits on income from India. It is filed once in a tax year, requires a valid Tax Residency Certificate and Tax Identification Number, and is submitted electronically through the income-tax e-filing portal. Treaty benefits depend on valid filing, supported by the required documents and electronic verification.
March 26, 2026
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DTAA compliance through Form 41 governs non-resident tax relief, online filing, and supporting residency documentation requirements.
Form 41 is a self-declaration under section 159(8) of the Income-tax Act, 2025 for non-resident taxpayers seeking DTAA benefits with India. It is mandatory, filed annually through the Income Tax e-filing portal, and requires a valid Tax Residency Certificate and tax identification number. The form cannot be edited after submission, no proof of tax payment is required, and the DTAA benefit is unavailable without a valid electronically filed form and supporting documents.
March 26, 2026
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Tax deferral for foreign retirement accounts through Form 40 applies to resident Indians with irrevocable relief option.
Form 40 is the prescribed electronic form for a resident Indian to exercise the option under Section 159 of the Income Tax Act, 2025, read with Rule 74, to claim tax relief in respect of income accrued in a foreign retirement account maintained in a notified country. The option is intended to prevent double taxation by deferring taxation in India until withdrawal or redemption of the income in the foreign country. The option may be exercised only once, is irrevocable, and applies to all future years and all specified accounts.
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Tax relief for foreign retirement accounts requires valid Form 40 filing, online verification, and timely self-declaration.
Form 40 is the prescribed electronic form for a resident Indian to exercise the option for relief under section 158 of the Income-tax Act, 2025 in respect of income from a retirement benefit account maintained in a notified country. Valid filing within the prescribed due date is mandatory for an admissible claim, the option once exercised applies for the tax year and subsequent years, and the form cannot be edited after submission. The filing requires self-declaration, PAN, online verification, and supporting documents showing the foreign tax treatment and income computations.
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March 26, 2026
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Relief under section 157(1) through Form 39 requires electronic filing, PAN, and complete particulars for qualifying lump-sum receipts.
Relief under section 157(1) is claimed through Form 39 by an employee receiving additional salary, family pension, gratuity, retrenchment compensation, commutation of pension, or similar lump-sum receipts that may increase the tax burden in the year of receipt. The form may also be furnished to the tax-deductor for TDS purposes. It must be filed electronically, cannot be filed offline, requires a valid PAN, contains separate sections for different receipts, and cannot be edited after verification and acknowledgment.
March 26, 2026
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Foreign inward remittance certificate supports royalty deduction claims for resident authors and patentees through bank-certified Form 38 filing.
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March 26, 2026
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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.
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March 26, 2026
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Royalty income deduction certificate requires timely electronic filing by authors, with mandatory PAN, self-declaration, and publisher certification.
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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.
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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.

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Guidance Note – Form 129

April 2, 2026

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Form No. 129: Application by a person for certificate for determination of tax deduction before payments to non-resident

Name of form as per I.T. Rules, 1962

Form No. 15E

Name of form as per I.T. Rules, 2026

Form No. 129

Corresponding section of I.T. Act, 1961

195(2), 195(7)

Corresponding section of I.T. Act, 2025

395(2), 400(3)

Corresponding Rule of I.T. Rules, 1962

29BA, 37BB

Corresponding Rule of I.T. Rules, 2026

214, 220

1. Purpose:

Form No.129 is an application filed by a person (the payer) responsible for making payment to a non-resident (not being a company) or to a foreign company (recipient) any sum (other than salary) requesting the Assessing Officer (AO) to issue a certificate under section 395(2), and 400(3) of the Income-tax Act, after determining the amount chargeable to tax in the case of the recipient and authorise the payer to deduct income-tax on such amount. Under section 395, TDS must be deducted at the prevailing rates on payments made to non-residents, however, the entire payment may not be taxable in India, or a lower tax rate might apply under a Double Taxation Avoidance Agreement (DTAA). Form No.129 allows the payer to apply to the AO to determine the taxable portion, thereby avoiding excessive TDS.

2. Who should file?

As per sections 395(2), and 400(3) read with Rule No. 220, Form No.129 can be filed by:

i. Any person responsible for paying to a non-resident (not being a company) or to a foreign company, any sum/amount (other than salary) chargeable under the Act, who wishes to determine the amount of tax to be deducted on these payments before remittance.

ii. Any person or class of persons notified by the CBDT under section 400(3), responsible for paying any sum (whether chargeable or not) to a non-resident (not being a company) or to a foreign company, for determination of tax liability before remittance.

3. Frequency & Due Dates:

Frequency

Due Date

Form No.129 is an event-based form and is required to be filed by the payer for tax determination on the remittance(s)

There is no time limit prescribed to submit Form No. 129. However, it should be filed before the remittance is done

The certificate issued remains valid for remittance specified.

The certificate issued under Form No. 129 is:

i. Valid only for the specified non-resident recipient and

ii. Valid for the period mentioned in the certificate.

4. Structure of Form:

Form No. No. 129 has following Parts:

Part A Particulars of the payer and payee:

Payer: Name, address, PAN, TAN, status, residential status, contact details.

Payee: Name, PAN, TIN, address in India and country of residence, contact details.

Part B Particulars of transaction:

Country to which remittance is made, details of remittance (nature, amount, proposed date), tax year, details of previous certificates u/s 395(2), tax payable, prepaid taxes of the recipient, existing liabilities of the recipient, DTAA applicable or not.

Part C Taxability under the provisions of the Income-tax Act, 2025 (if DTAA not applicable):

Nature of payment- business income, capital gains, royalty, FTS, interest income, dividend income or other payments under the Act, relevant section, taxable income, tax liability, TDS rate.

Part D Taxability under the Double Taxation Avoidance Agreement (DTAA)

DTAA applicable, TRC, Form No. 41, Nature of payment- business income, capital gains, royalty, FTS, interest income, dividend income or other payments under the DTAA, relevant article, taxable income, tax liability, TDS rate.

Part E Attachments:

i. Relevant documents such as contract for sale of goods and/or provisions for services, computation of capital gains, share purchase agreement, bank payment, details of cost of acquisition, contract note, share certificate etc

ii. Details of income of payee/recipient of preceding four tax years.

iii. Computation of estimated income chargeable to tax and Tax Liability of the tax year

iv. Copy of Tax Residency Certificate and

v. Copy of Form No. 41

vi. Documents in support of claim of applicability of sections 393(2) (Table: Sl. No.5)/393(2) (Table: Sl. No. 6 & 7) and 393(4) (Table: Sl. No. 5 & 13)/393(2) (Table: Sl. No. 2,3 & 4)

vii. Note on business connection in India

viii. Detailed note on reasons why the payment is not taxable in India as per the Act or as per the relevant DTAA, as the case may be

ix. Detailed note on how the amount chargeable to tax (out of total amount of payment) has been determined along with its working and supporting documents, if any

x. Any other documents in support of claim Verification: Verification by the person filing the form.

5. Documents required:

i. Relevant documents such as contract for sale of goods and/or provisions for services, computation of capital gains, share purchase agreement, bank payment, details of cost of acquisition, contract note, share certificate etc

ii. Details of income of payee/recipient of preceding four tax years.

iii. Computation of estimated income chargeable to tax and Tax Liability of the tax year

iv. Copy of Tax Residency Certificate

v. Copy of Form No. 41

vi. Documents in support of claim of applicability of sections 393(2)/393(2) and 393(4)/393(2)

vii. Note on business connection in India

viii. Detailed note on reasons why the payment is not taxable in India as per the Act or as per the relevant DTAA, as the case may be

ix. Detailed note on how the amount chargeable to tax (out of total amount of payment) has been determined along with its working and supporting documents, if any

x. Any other documents in support of claim

6. Step-by-step process:

Step 1: Go to the TRACES website (www.tdscpc.gov.in) and login using your credentials

Step 2: After logging in, Go to ‘Forms’ tab and click on ‘Request for Form No.129 covered u/s195(2)’ to initiate request.

Step 3: Fill in the details in Form No.129.

Step 4: Verify and submit the form using Digital Signature Certificate (DSC), Electronic Verification Code (EVC), Aadhaar-based authentication or Mobile OTP. DSC is mandatory for companies, LLPs, and other entities having a TAN-based login. Upon successful submission, a confirmation email & SMS shall be sent on your registered email & mobile number.

Step 5: Track status of the application via ‘Track Request for Form No.129 covered u/s-195(2) under the ‘Statements/Forms’ tab on TRACES portal.

Step 6: The application will be assigned to TDS AO in the International Taxation charges. The AO processes the application on the TRACES AO Portal. If the Assessing Officer (AO) requires any clarifications or documents, the applicant is informed. Respond to the AO online through the TRACES portal and submit necessary details/clarification.

Step 7: After processing, the AO generates certificate electronically on the TRACES AO Portal. The generated certificates are available for download to the applicant. Onus of sharing the certificate to respective deductor(s) is on the applicant.

7. Withdrawal of Application in Form No. No.129:

An applicant can withdraw the Form No. 129 after filing at any time before the Assessing Officer (AO) passes an order on the application

8. Outcome of Form No. 129:

If the AO is satisfied with the application, a certificate is issued authorizing the applicant to pay the specified sums without TDS during the relevant tax year. But, if the applicant fails to meet eligibility or compliance criteria, the AO may reject the application, resulting in TDS under section 395(2) of the Income-tax Act

9. Common Changes made across Forms:

i. To make forms system-friendly and enable e-filing and uploading, certain anomalies found due to grouping of name, address, PAN have been separated into different boxes.

ii. Assessment/financial/previous year(s) have been replaced with tax year(s).

iii. Sections and clauses have been changed as per the Income-tax Act, 2025.

iv. Currency symbol “Rs.” has been replaced with “₹”.   

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Acts Income Tax