ca hiren d shah ahmedabad email: [email protected]

5
Tax Residency Certificate CA Hiren D Shah Ahmedabad Email: [email protected]

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Page 1: CA Hiren D Shah Ahmedabad Email: hirenindia@hotmail.com

Tax Residency Certificate

CA Hiren D ShahAhmedabad

Email: [email protected]

Page 2: CA Hiren D Shah Ahmedabad Email: hirenindia@hotmail.com

It is noticed that in many instances the taxpayers

who are not tax resident of a contracting country

do claim benefit under the DTAA entered into by

the Government with that country. Thereby, even

third party residents claim unintended treaty

benefits. Therefore, it is proposed to amend

Section 90 and Section 90A of the Act to make

submission of Tax Residency Certificate containing

prescribed particulars, as a necessary but not

sufficient condition for availing benefits of the

agreements referred to in these Sections. These

amendments accordingly, apply in relation to the

assessment year 2013- 14 and subsequent

years

Why Certificate of Residency?

Page 3: CA Hiren D Shah Ahmedabad Email: hirenindia@hotmail.com

A certificate issued by the Government of foreign Country or the specified territory which shall contain the following particulars namely◦ (i). Name of the assessee◦ (ii). Status ( Individual, company, firm etc..) of

the assessee◦ (iii). Nationality (in case of Individual)◦ (iv). Country or specified territory of

incorporation or registration ( in case of others)◦ (v). Assessee’s tax identification number or in

case no such number, then a unique number on the basis of which the person is identified

◦ (vi). Residential status for the purpose of tax◦ (vii). Period for which the certificate is applicable◦ (viii). Address of the applicant for the period for

which the certificate is applicable

What is Tax Residency Certificate?

Page 4: CA Hiren D Shah Ahmedabad Email: hirenindia@hotmail.com

There has to be an international transaction An Assessee has to make an application to

the AO An application to AO has to be made in the

prescribed Form i.e. Form 10FA On receipt of the form, AO shall issue a

certificate of residence of the assessee in Form 10FB

What are the steps involved?

Page 5: CA Hiren D Shah Ahmedabad Email: hirenindia@hotmail.com

Shall an assesse file Form 10FA for each payee individually?

Will it require to file every year or only once?

Shall it be file also by PE in India for making remittance to HO?

Would an assesse require separate certificate for Holding Company and its subsidiary Company separately?

Questions…