TMI BlogIncome-tax (5th Amendment) Rules, 2021 - New Rule 29BA. Application for grant of certificate for determination of appropriate proportion of sum (other than Salary), payable to non-resident, chargeable in case of the recipienX X X X Extracts X X X X X X X X Extracts X X X X ..... sum (other than Salary), payable to non-resident, chargeable in case of the recipients. (1) An application by a person for determination of appropriate proportion of sum chargeable in the case of non-resident recipient under sub-section (2) or sub-section (7) of section 195 shall be made in Form 15E electronically,- (i) under digital signature; or (ii) through electronic verification code. (2) The Assessing Officer, in order to satisfy himself, shall examine whether the sum being paid or credited is chargeable to tax under the provisions of the Act read with the relevant Double Taxation Avoidance Agreement, if any, and if the sum is chargeable to tax he shall proceed to determine the appropriate proportion of such sum chargeable to tax. (3) The Assessing Officer shall examine the application and on being satisfied that the whole of such sum would not be the income chargeable in case of the recipient, may issue a certificate determining appropriate proportion of such sum chargeable under the provision of this Act, for the purposes of tax deduction under sub-section (1) of section 195. (4) While examining the application, the Assessing Officer shall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of such sum chargeable to tax in the case of the recipient (if any) and authorise me to deduct income-tax on such appropriate proportion (if any). The relevant particulars are as below: 1. Details of the payer: (i) PAN or Aadhaar (ii) Name (iii) TAN (TAN is compulsory for application u/s 195) (iv) Status (Individual/Firm/Company/AOP/BOI, as the case may be) (v) Residential status (vi) Address (vii) E-mail ID (viii) Mobile Number 2. Details of the recipient: (i) PAN (if available) (ii) Name First name Middle name Last name (iii) St ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tax payable on estimated income of the previous year of the recipient (if available) (ix) Details of advance tax, TDS, TCS for the previous year of the recipient, if available Advance tax TDS TCS (x) Details of existing liabilities of recipient under the Income-tax Act or Wealth Tax Act, if available (xi) Whether the appropriate proportion of sum to be charged as income of the recipient is to be determined by applying a DTAA between India and the other country or without applying the DTAA? (Note: in case of applicability of DTAA fill up section no 5. In case of non-applicability of DTAA fill up section no 4.) With DTAA __Without DTAA__ 4. Taxability under the provisions of the Income-tax Act (without considering DTAA) (i) Is payment chargeable to tax in India as per the provisions of Income-tax Act (Tick) Ye ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... C. In case the payment is on account of Royalty, please indicate (a) Nature of Royalty payment (b) The amount of income chargeable to tax under this head. (c) Tax liability on the chargeable sum under this head. (d) Justification of above tax liability. (e) Based on above at what rate tax is required to be deducted D. In case the payment is on account of Fee for technical services (FTS), please indicate (a)Nature of Payment (b) The amount of income chargeable to tax under this head. (c) Tax liability on the chargeable sum under this head. (d) Justification of above tax liability ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tax Residency Certificate and Form 10F enclosed (Tick) Yes ___No___ (iii) A. If the payment is on account of business income, please indicate: (a) Whether such business income is liable to tax in India under the DTAA (Tick) Yes ___No___ (b) If no, the reasons for the same (c) If yes, the nature of permanent establishment in India (d) The amount of income chargeable to tax under this head (e) Tax liability on the chargeable sum under this head (f) justification of above tax liability (g) Based on above at what rate tax is required to be deducted B. In case the payment is on account of capital gains, please indicate: (a) Wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (v) Based on above at what rate tax is required to be deducted D. In case the payment is on account of Fee for technical services (FTS), please indicate (a) Whether such fee for technical service is liable to tax in India under the DTAA (Tick) Yes ___No___ (b) if FTS is not taxable in India under the DTAA, then state (i) nature of payment (ii) whether there is Make Available clause in the treaty (Tick) Yes ___No___ (iii) if there is a claim for Make Available clause, whether such clause in FTS article is sought to be included in the DTAA through Most Favoured Nation Clause? (Tick) Yes ___No___ (iv) if answer to (iii) above is yes, whether notification regarding Make Available clause issued by Government of India (Tick) Yes ___No___ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (d) the amount of income chargeable to tax under this head. (e) Tax liability on the chargeable sum under this head (f) Justification of above tax liability (g) Based on above at what rate tax is required to be deducted (h) If not taxable, please furnish brief reasons thereof, specifying relevant article of DTAA 6. List of Documents to be uploaded: ( i) Relevant documents such as contract for sale of goods and/or provisions for services (if any), computation of capital gains, share purchase agreement, bank payment, details of cost of acquisition, contract note (if any), share certificate (if any), etc. (ii) Details of assessed/returned/estimated income of payee of preceding four previous years, if available ..... X X X X Extracts X X X X X X X X Extracts X X X X
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