India: Administrative notifications prescribe additional reporting requirements in certain cross-border situations

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

India: Administrative notifications prescribe additional reporting requirements in certain cross-border situations

nayak-rajendra.jpg

jain-aastha.jpg

Rajendra Nayak and Aastha Jain, EY

The Central Board of Direct Taxes, the apex administrative authority of direct taxes in India, recently issued notifications prescribing additional reporting requirements under two circumstances, firstly, by a non-resident (NR) taxpayer to claim benefit under a tax treaty and secondly, by a person (remitter) responsible for making payments to a NR (recipient) which are chargeable to tax in India.

Under the Indian Tax Law (ITL), a NR taxpayer is required to furnish a tax residency certificate (TRC) along with other prescribed information in order to claim any relief/ benefits under a tax treaty. In this regard, the first notification prescribes additional information to be provided in the given format. It requires details in relation to the taxpayer status (individual/firm/company) , nationality (in case of individual) or country or specified territory of registration (in case of others), tax identification number in country of residence, permanent account number in India (if allotted), address, period of residence where such details are not contained in the TRC. Further, the taxpayer is required to keep and maintain such documents as are necessary to substantiate the information provided. This notification is applicable from tax-year 2012-13.

As per the provisions of the ITL, a remitter making payment of any sum chargeable to tax to a NR is required to withhold tax at source at the prescribed rates. To track remittance of such payments and to expedite tax recovery, the remitter is required to furnish certain information electronically in prescribed form and manner. The second notification amends existing rules to provide for a new format and manner of furnishing information in respect of all such taxable payments made to an NR. The scope of covered payments is expanded to payments including salary, interest on external commercial borrowings, income of sportsmen/sports associations, income from transfer of foreign currency units held by offshore funds, income from foreign currency bonds/shares of Indian companies, income of foreign institutional investors from securities and income from lottery/crossword puzzle/horse race. The revised rules provide for furnishing of detailed information in two formats: (i) part A for small value payments not exceeding INR50,000 ($800) and aggregate not exceeding INR 250,000 during the tax year (ii) part B for any other payments not covered under part A. The requisite information covers details about the remitter, recipient, payment, bank (making remittance). The information sought under part B is more expansive (including details about the taxability of payment under the ITL/tax treaty, TRC) and it needs to be based on a certificate obtained from a chartered accountant or tax withholding orders obtained from Indian tax authorities. Further, the revised rules exempt a list of payments, which are mainly capital/ personal in nature, from the reporting requirements. This notification comes in effect from October 1 2013.

These recent notifications highlight a trend with the Indian tax administrators to enhance, broaden the base and strengthen the mechanism of collecting information in cross-border situations and to enable more stringent tax/withholding enforcement on these transactions.

Rajendra Nayak (rajendra.nayak@in.ey.com) & Aastha Jain (aastha.jain@in.ey.com)

EY

Tel: +91 80 4027 5275

Website: www.ey.com/india

more across site & shared bottom lb ros

More from across our site

New reforms represent the most seismic shift in Canadian TP legislation since its enactment and a clear inflection point for MNEs, ITR has heard
Spain did not transpose EU VAT rules for SMEs or works of art; in other news, an increased VAT threshold came into force in South Africa
While the IBS incorporates taxable events previously covered by state and municipal taxes, its governance and operational logic represent a significant departure from the legacy model
The new office on the fourth floor of 4 More London will span 14,230 square feet, with the potential to expand to the first and second floors
MNEs now face a shift from modelling to execution as the side‑by‑side deal forces tax teams to upgrade systems, harmonise data, and prevent costly pillar two mismatches
As recent surveys suggest a disconnect between AI adoption and employee engagement, the big four risk digging themselves into a strategic hole
Almost three-quarters of surveyed tax professionals are concerned about inaccurate AI outputs; in other news, Dentons hired a partner from CMS to lead its Belgian tax team
Long-running, high-value and complex enquiries are a significant reason for HM Revenue and Customs’s increased TP yield, experts suggest
Landmark legal updates in India have led companies to prioritise specialised tax advisers over accountants, ITR has found
Brazil’s shift to a nationwide consumption tax is more than conceptual; it fundamentally transforms municipal revenue, enforcement, and administrative disputes
Gift this article