With amendments to the Indian Tax Law over the past few years, withholding tax and related obligations of Indian payers paying to non-residents or foreign companies have increased manifold and responsibilities have become onerous. This includes calling for a lot of information and documents (including Tax Residency Certificate, Form 10F, etc.) from the recipient. The responsibility has specifically increased further on account on introduction of Significant Economic Presence (SEP) and Equalisation Levy (EL) provisions.

In order to help Indian parties streamline their process of obtaining necessary declarations in this regard, my team K.C. Mehta & Co. has conceptualised and prepared a fillable “Indian Withholding Tax Declaration” Form relevant for Financial Year 2021-22. I am attaching the same here and I hope this will help you / your clients in obtaining necessary declarations from the non-resident parties with whom transactions are undertaken.

Once you obtain the Declaration Form, you may determine the appropriate WHT Rate depending on the declarations and also facts of your case.

I hope you find the Form useful. Do let me have your feedback.