Availing Benefits under the DTAA

What is DTAA
DTAA stands for Double Taxation Avoidance Agreement. It is an agreement between two countries with an objective
to avoid taxation of the same income in both countries. India has comprehensive Double Taxation Avoidance
Agreements (DTAA) with 84 countries as of now.
For example, an NRI residing in X country is maintaining NRO Account with a bank in India. The interest earned on
balances in this account is considered as the NRIs income originating in India. If India has DTAA with country X, this
income will be taxed at the rate prescribed in the agreement*. Else, it will be taxed at 30.9 % (the existing withholding
tax).

*subject to timely submission of prescribed documents to the tax deductor.

How to avail benefits under the DTAA

NRIs can avail benefits under the DTAA by timely submission of documents listed below to the deductor.

Tax Residency Certificate

Self-attested copy of PAN Card
Self-declaration cum indemnity format ( click here to download)
Self-attested copy of Passport and Visa
Copy of PIO Proof^

As per recent amendment to the Indian Income Tax Act as announced in Union Budget 2012, NRIs who wish to avail
DTAA benefit have to mandatorily provide 'Tax Residency Certificate (TRC)' to the deductor (Bank). This is
applicable for all NR customers who wish to avail DTAA benefit with effect from 1st April 2012.

^Applicable if the passport has been renewed during the Financial Year

Mandatory details to be included in the TRC

(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 in the country or specified territory of residence or in case no such number,
then, a unique number on the basis of which the person is identified by the Government of the country or the
specified territory
(vi)Residential status for the purposes of tax
(vii) Period for which the certificate is applicable
(viii) Address of the applicant for the period for which the certificate is applicable

The certificate containing above details should be duly verified by the Government of the country or the specified
territory of which the NRI claims to be a resident for the purposes of tax

How to obtain the TRC

You can approach the tax/government authorities of the overseas where you reside to obtain the TRC. You may also
check with your Chartered Accountant / Tax Consultant abroad on the procedure to obtain the same
Kindly note that no other document in lieu of the TRC shall be considered for availing the benefits under DTAA

Do I need to submit these documents every year to avail benefits under the DTAA
DTAA benefit is extended on an annual basis. Therefore, NRIs are required to provide all the requisite documents
every year to continue availing the benefit under DTAA

What happens if I do not submit TRC and other documents to the bank within stipulated timelines
In case the prescribed documents are not submitted to the bank within stipulated timelines, the bank will have to
deduct interest earned on NRO deposits at the presently applicable rate of 30.9 %*

Kindly note that TDS once deducted cannot be refunded. Hence please expedite your document submission to avail
the same.

*Subject to revision by the tax/government authorities