Who files Form 10FA / 10FB?

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Answer

Indian residents who need to prove Indian residency to another country to claim treaty relief there. The obligation is decided by facts rather than by tax owing, which is why a nil position does not remove it.

The rule on who files

Indian residents who need to prove Indian residency to another country to claim treaty relief there.

Two of the firm’s advisers at a desk in the Delhi office

The carve-out

This is the outbound mirror of the inbound certificate: an Indian resident earning foreign income needs it before the foreign payer will apply a reduced rate, and the application has to match the income year in question.

Who files Form 10FA / 10FB?
ItemAmount
Gross amount receivedC$37,000
Withheld at source (assumed 28% of gross)C$10,360
Deductible costsC$22,940
Net amount actually earnedC$14,060
Tax on the net amount (assumed graduated result)C$3,656
Difference recoverable by filingC$6,704

Filing on a net basis recovers C$6,704 of the C$10,360 withheld. That difference is the entire reason the elective return exists, and it is lost by not filing.

These amounts illustrate the mechanism only. The rates and thresholds are assumptions of the example, not your numbers: each is checked against the issuing authority for your specific tax year before any return is filed.

How to get this moving

The full treatment — who it binds, the deadline, the penalty and the fixed fee — is on Form 10FA / 10FB — TRC for Indian residents in India. The quote comes before the work, in writing.

Reviewed for the 2025 and 2026 filing seasons by Udit Gupta, Cross-Border Tax Expert, Legal Quotient Consultants. General guidance only. Your own facts decide the answer, so bring them to a call before relying on this.

Who needs to file FATCA, in practice

Readers arrive here searching for who needs to file FATCA, and Form 10FA / 10FB is what the page is about. Below: who it catches, what has to be filed, and what it costs — quoted in writing, before anything is done.

What these engagements turn on

Case study 1

An Indian consultancy evidencing residency before a foreign client reduced withholding

The client billed professional fees to a company abroad and had been receiving the net of a full domestic deduction for some time, without knowing why. The payer file showed a treaty rate request with nothing behind it. We made the application for the years the fees fell into, supplied the certificate to the payer with a note on how it should be read against the contract, and confirmed which treaty article the reduced rate was claimed under. The engagement produced a certificate on the payer file and a reduced deduction applied to later invoices.

Read how this one runs
Case study 2

An application corrected to match the year the foreign fees arose in

The certificate in hand covered the wrong year, because the application had been made for the year of the application itself. The payer compliance team had spotted the mismatch against the invoice dates and reverted to the domestic rate. We reconstructed when each payment had arisen, applied again for the year that mattered, and set out for the client which year each future application would have to name. The engagement produced a certificate that matched the invoices, and a rule the client own accounts staff could apply without coming back each time.

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Case study 3

A certificate obtained in a company name after a director name was refused

The invoices were in the company name, the contract was with the company, and the certificate was in the director name. The foreign payer refused it and was right to. We established the company residence position, applied for a certificate naming the company for the period the foreign income arose in, and dealt with the payer questions about beneficial ownership of the fees. The engagement produced a certificate that matched every other document in the chain, and closed off a line of enquiry the payer had opened about who was really being paid.

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Case study 4

Establishing Indian residency for a year partly spent working abroad

The client had spent a long stretch of the year on a project outside India, which made the residency question a real one rather than a formality. Applying without settling it risked a certificate that a foreign authority would challenge. We worked through the residence position on the facts, identified which periods India could properly certify, and made the application on that basis with the supporting evidence assembled. The engagement produced a certificate for a defensible period, and a written residence analysis the client could produce if the foreign payer or its authority asked.

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Case study 5

A foreign payer own paperwork completed around the certificate it required

The certificate was only part of what the payer needed. Its withholding agent also had its own declarations about beneficial ownership and the treaty article being relied on, and the client had been sending the certificate alone and hearing nothing. We read the payer requirements as a set, prepared the declarations to sit alongside the certificate, and submitted them together with a covering summary. The engagement produced a complete withholding file the payer could act on, and a template the client reused for the next payer that asked for something similar.

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Case study 6

Dual residence settled before a residency certificate application was made

Both countries treated the client as resident, and an application made in that state of affairs would have produced a certificate that settled nothing. We took the residence question first, working through the treaty tie-breaker on the facts of the permanent home and the centre of personal and economic relations, and documented the conclusion. Only then was the application made. The engagement produced a certificate consistent with a written residence position, which is what made it useful to the foreign payer rather than one more document in a disagreement.

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Case study 7

Whether the Year Made Someone an NRI

Indian residence is decided by presence tests applied to the financial year, and a single trip can change the answer for the whole of it. The status is established before any return or exemption is considered.

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Case study 8

An Indian Company Paying a Foreign Supplier

Payments abroad carry deduction at source and a certification filed before the money moves. Whether the treaty reduces the rate depends on what is being bought, and the classification is the decision the whole filing rests on.

Read how this one runs

All case studies — every published engagement in one place.

Core International & Cross-Border Tax Services

International Tax Planning & Advisory

Strategy and compliance for income, assets and families spread across borders.

One coordinating team: filings on every side of the border are sequenced so treaty relief and foreign tax credits are claimed once — and in the right country.

U.S. & Cross-Border Tax Returns

Dual filers: U.S. citizens in Canada and Canadians with U.S. income run two parallel systems — we prepare both, in the right order, every year.

Expat & Emigration Tax

The move year is its own project: the elections and valuations filed that year decide the next decade of both countries’ returns.

Non-Resident Canadian Tax

Default withholding is 25% of gross: elective returns routinely turn over-withheld rent and pensions into refunds.

Transfer Pricing & BEPS

Documentation prepared with the return is the cheapest insurance in international tax; reconstructing it during an audit is the most expensive.

Cross-Border Estates & Trusts

Wills drafted for one country routinely misfire in the other — deemed disposition here, estate tax there, credits in between.

Cross-Border Corporate Tax

Expansion raises the same four questions every time — entity, PE, repatriation, payroll. We answer them before the tax authorities do.

India Tax for NRIs & Returning Residents

The deduction is taken on the sale price, not the gain — which is why an NRI property sale strands cash unless the certificate is applied for before closing.

Canadian Tax with a Foreign Element

Residency is decided on facts, not on a form — and the year you arrive or leave is the one where the largest amounts turn on the smallest details.

UAE Tax for Expats & Their Home Country

A zero-tax country is only half the answer — the question that decides the bill is whether the country you came from still treats you as resident.

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Cross-Border Real Estate

Foreign property income and sales are taxed in both countries by default; Section 216, FIRPTA and treaty credits are the standing toolkit.

Property is taxed where it sits, which is the one rule no treaty overrides. What the treaty does decide is the credit, the rate on the rent and what happens on the sale — and the clearance certificate on a disposition is applied for before closing, not after the buyer has already held the money back.

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Asked next about Form 10FA / 10FB

Who files Form 10FA and who issues Form 10FB?

The resident taxpayer files Form 10FA; the Indian tax authority issues Form 10FB. That split is worth holding on to, because people ask for help with filing Form 10FB and there is no such filing. Form 10FA is the application, made by the Indian resident who needs to prove Indian residency in order to claim treaty relief in another country. Form 10FB is the certificate that comes back. A foreign payer will generally want the certificate rather than the application, so the work is not finished when the application goes in.

Do I need Form 10FB before my foreign client can reduce its withholding?

In practice, yes. A payer abroad applies its own domestic rate to a non-resident unless it holds evidence that a reduced treaty rate applies, and the certificate is the evidence its compliance function is looking for. An application in progress is not evidence. This is why the timing runs the other way from how most people plan it: the certificate has to be in the payer hands before the payment is made, not before the year is filed, because once the deduction has been taken it becomes a recovery problem in the payer own country.

Can a company apply on Form 10FA or is it only for individuals?

An Indian resident taxpayer applies, and that includes a company. The certificate has to name the person whose residency is being certified, and that person has to be the recipient of the foreign income. A certificate in a director personal name does not help a company that is invoicing abroad, and a foreign payer comparing the certificate against its contract and its invoice will say so. Decide who the contracting party is, and therefore whose income the receipt is, before the application is made rather than after it has been refused.

Which income year should my Form 10FA application cover?

The year the foreign income arises in. The application has to match that year, and the commonest error is to apply for the year in which you happen to be making the application. Where fees are paid across a boundary between years, or where a contract runs over more than one year, the answer may be several certificates rather than one covering a convenient span. Work back from the dates the foreign payments are expected on, and treat those dates as the thing the application is built around.

I am an Indian resident with Canadian rental income, do I need Form 10FB?

If you want a treaty rate applied at source in Canada, you need to be able to evidence your Indian residency, and the certificate is how that is done. A Canadian payer or agent withholds at the domestic non-resident rate on rent unless it is satisfied a reduced rate applies. Note that a treaty does not always reduce the rate on every kind of income, so the first question is whether there is relief to claim at all. If there is, the certificate has to reach the withholding agent before the rent is remitted.

Does Form 10FB prove I am not resident anywhere else?

No, and assuming it does causes trouble. The certificate says that India treats you as resident for the period stated. It does not decide a competing claim by another country, and a foreign authority that considers you resident under its own law will not drop that view because India has certified its own. Dual residence is resolved by the tie-breaker in the relevant treaty, on facts such as a permanent home and the centre of your personal and economic relations. Settle that question first, because an application made while it is open can produce a certificate that answers nothing.

What happens if two countries both say I am resident?

The treaty tie-breaker resolves it to one residence, applied in order: where your permanent home is, then your centre of vital interests, then your habitual abode, then nationality, with a competent-authority referral if all of those fail. It is an evidence exercise rather than an election — you document the home and the life around it. Getting a single residence settled is what makes every other position in both returns consistent. See the residency tie-breaker.

What is DTAA?

DTAA — a Double Taxation Avoidance Agreement — is India's term for a tax treaty. It allocates taxing rights between India and the other country, caps withholding on cross-border payments, and gives relief for income taxed twice by either exempting it or crediting the foreign tax. Relief is claimed, and from the Indian side that normally means a tax residency certificate, Form 10F and Form 67. See DTAA relief.

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