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

The flagship 2025 tax legislation has sprawling implications for multinationals, including changes to GILTI and foreign-derived intangible income. Barry Herzog of HSF Kramer assesses the impact
Hani Ashkar, after more than 12 years leading PwC in the region, is set to be replaced by Laura Hinton
With the three-year anniversary of the PwC tax scandal approaching, it’s time to take stock of how tax agent regulation looks today
Rolling out the global minimum tax has increased complexity, according to Baker McKenzie; in other news, Donald Trump has announced a 25% tariff on countries doing business with Iran
Among those joining EY is PwC’s former international tax and transfer pricing head
The UK firm made the appointments as it seeks to recruit 160 new partners over the next two years
The network’s tax service line grew more than those for audit and assurance, advisory and legal services over the same period
The deal is a ‘real win’ for US-based multinationals and its announcement is a welcome relief, experts have told ITR
Tom Goldstein, who is now a blogger, is being represented by US law firm Munger, Tolles & Olson
In looking at the impact of taxation, money won't always be all there is to it
Gift this article