Manager - Direct Tax
With the increasing globalization of businesses and workforce mobility, cross‑border income has become common. In such cases, the same income may be taxed in both India and the taxpayer’s country of residence. The Income‑Tax Act, 2025, which comes into force from 1 April 2026, replaces the old Income‑Tax Act, 1961. The new law broadly preserves India’s treaty framework, it introduces procedural changes and new compliance requirements for claiming DTAA benefits, most notably the replacement of Form 10F with Form 41 for non‑residents
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The Income‑Tax Act, 2025, which comes into force from 1 April 2026, replaces the old Income‑tax Act, 1961. While the new law broadly preserves India’s treaty framework, it introduces procedural changes and new compliance requirements for claiming DTAA benefits, most notably replacing Form 10F with Form 41 for non‑residents.
DTAA Framework under the Old Law (Income‑Tax Act, 1961)
Under the Income‑Tax Act, 1961:
Failure to file Form 10F often resulted in higher withholding tax under domestic law, including application of Section 206AA rates in certain cases, despite DTAA entitlement
DTAA Provisions Under the Income‑Tax Act, 2025
The Income‑Tax Act, 2025 does not dilute treaty protection, but it re‑codifies and modernises compliance.
Particulars | Old Law | New Law |
Governing Sections | Sections 90 & 90A | Section 159(8) |
Declaration Form | Form 10F | Form 41 |
Rules | Rule 21AB (IT Rules, 1962) | Rule 75 (IT Rules, 2026) |
Filing Mode | Electronic | Electronic only |
Applicability | DTAA relief | DTAA relief |
Form 41 is now a mandatory, digital self‑declaration for non‑residents seeking DTAA benefits.
Form 41 is a statutory self-declaration prescribed under Section 159(8)(b) of the Income Tax Act 2025, to claim DTAA benefits such as:
Key Features:
Form 41 is required to be filed by:
It applies typically to income such as:
Documents Required for Claiming DTAA Benefits
To validly claim DTAA relief under the 2025 Act, the following are essential:
PAN is not mandatory where treaty protection applies and documentation is complete.
Step 1: Determine Residential Status
Confirm whether the taxpayer is a non‑resident under Indian tax law.
Step 2: Identify Applicable DTAA
Check the DTAA between India and the taxpayer’s country of residence.
Step 3: Obtain TRC
Secure a valid TRC for the relevant tax year.
Step 4: File Form 41
Step 5: Share Acknowledgment with Deductor
Provide Form 41 acknowledgment to the Indian payer for applying DTAA rates.
Step 6: Claim Benefit in Return (if applicable)
Where a return is filed, DTAA relief must align with Form 41 details.
The Income‑Tax Act, 2025 ushers in a simplified but stricter compliance regime for claiming DTAA benefits. While India continues to respect treaty supremacy, procedural discipline has been significantly enhanced through Form 41. Non‑resident taxpayers and Indian payers must adapt quickly to avoid denial of treaty relief and unnecessary tax costs.
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In exercise of the powers conferred by Rule 158(I2) of the Income-tax Rules, 2026, the Director General of Income-Tax (Systems), specifies the following Application Forms in respect of the correction of PAN along with related procedure and guidelines, as under:
This order shall apply with effect from 0 1.04.2026.
In the notification of the Government of India, Ministry of Finance, Department of Revenue (Central Board of Direct Taxes), published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i), vide number G.S.R. 226(E), dated 30th March, 2026:
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The Income-tax Act, 2025, a landmark reform in India’s direct tax framework, represents a comprehensive effort to simplify and modernise the country’s income-tax law, replacing the six-decade-old Income-tax Act, 1961. It marks a shift towards greater clarity and ease of compliance through simple language, a streamlined structure and a reader-friendly presentation, without altering the underlying tax policy.
The Bill was passed by the Parliament on 12th August, 2025, and received the assent of the Hon’ble President of India on 21st August, 2025, thereby becoming the Income-tax Act, 2025. (Gazette Notification – Income-tax Act, 2025)
The Income-tax Rules, 2026 were notified by the Central Board of Direct Taxes on 20th March, 2026 to operationalise the provisions of the new Act. (Gazette Notification – Income-tax Rules, 2026).
The corresponding new Forms have also been notified. The Forms have been simplified, standardized and process re-engineered to make compliance simpler.
With its coming into force from 1st April, 2026, the Income-tax Act, 2025 marks a new chapter in India’s tax administration and an important step towards Viksit Bharat.
Whereas, the Memorandum of Understanding for Assistance in Collection of taxes, as the Mode of Application of Article 26A of the Convention between the Government of the Republic of India and the Government of Japan for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, was signed at Tokyo on the 30th June, 2025 and at New Delhi on the 8th July, 2025 as set out in the Annexure appended to this notification (hereinafter referred to as the said Memorandum);
And whereas paragraph 21 of the said Memorandum provides that the provisions of the said Memorandum shall apply in respect of any request for collection of taxes made after the later of the dates of signature by two competent authorities;
And whereas, the date of entry into force of the said Memorandum being the date of signature in India, which is the later of the dates of signature of the two competent authorities, that is, the 8th day of July, 2025, the said Memorandum shall have effect in India in respect of any request for collection of taxes made after the 8th July, 2025;
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 90 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby notifies that all the provisions of the said Memorandum of Understanding as set out in the Annexure here to, shall be given effect to in the Union of India.
NOTIFICATION S.O. 1715(E) [NO. 56/2026/F. NO. 500/22/2022-FT&TR-V], DATED 2-4-2026
In the notification of the Government of India, Ministry of Finance, Department of Revenue (Central Board of Direct Taxes), published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section
(i), vide number G.S.R. 227(E), dated 30th March, 2026:–
(i) | At page number 46, in row B(5)(e) of schedule CG, for figures and letters “6c – 6d”, figures and letters “5c – 5d” shall be substituted; |
(ii) | At page number 49, in schedule-CG, in the marginal heading of row E, words and figures “B12a” shall be substituted by words and figures “B11a”; |
(iii) | At page number 50, in schedule-CG, in table F grey colour of the blank cells shall be removed; |
(iv) | At page number 50, in schedule-112A, column (1b) shall be omitted; |
(v) | At page number 51, in schedule-115AD(1)(b)(iii) proviso, column (1b) shall be omitted; |
(vi) | At page number 53, in schedule OS, in row 2(d), for the words “dxx”, the words “dxxi” shall be substituted; |
(vii) | At page number 55, in schedule OS, in row 10(3b), the grey colour of the blank cells under column “upto 15/6” and “from 16/6 to 15/9” shall be removed; |
(viii) | At page number 58, row xi of schedule CFL, for the figures and letters “2xv”, figures and letters “2xiv” shall be substituted; |
(ix) | At page number 68, row 11 of part B-TI, for the letter “w”, letter “v” shall be substituted; |
NOTIFICATION G.S.R. 263(E) [NO. 58/2026/F. NO. 370142/6/2026-TPL], DATED 10-4-2026
In the notification of the Government of India, Ministry of Finance, Department of Revenue (Central Board of Direct Taxes), published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i), vide number G.S.R. 233(E), dated 30th March, 2026:
(i) at page number 5, in Part a General Information, in row (A10) and the entries relating thereto, the words “Wrong heads of income chosen” shall be placed in a separate line following the words “Loss not reported correctly (In case of reduction of loss)”.
In the notification of the Government of India, Ministry of Finance, Department of Revenue (Central Board of Direct Taxes), published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i), vide number G.S.R. 231(E), dated 30th March, 2026:
| (i) | At page number 52, in schedule-I, greyed cells under columns (14) and (15) of row 2024-25 shall be interchanged with blank cells under columns (14) and (15) in row 2025-26; |
| (ii) | At page number 64, in schedule CG, row item A(4)(a)(i) and row item A(4)(a)(ii) shall be omitted; |
| (iii) | At page number 65, in schedule CG, under row A, for sub-row (8), the following sub-row shall be substituted, namely, |
| 8 | Pass Through Income/Loss in the nature of Short-Term Capital Gain, (Fill up schedule PTI) (A8a + A8b + A8c) | A8 |
| (iv) | At page number 68, in schedule-CG, under row B9, one sub-row ‘a’ shall be deleted; |
| (v) | At page number 70, in schedule-CG, in row E, letters and figures “B12a” shall be substituted with “B11a”; |
| (vi) | At page number 74, in schedule OS, in row 10(3b), the grey colour of the blank cells under column “upto 15/6” and “from 16/6 to 15/9” shall be removed; |
| (vii) | At page number 78, in schedule-CYLA, in Sl. No. xiv, greyed cells under (4) shall be interchanged with blank cells under column (5); |
| (viii) | At page number 87, in Part B-TI, in part B1, in row 12, for the figures and letters “(total of 2xv, 3xv and 4xv of Schedule CYLA)”, the figures and letters “(total of 2xiv, 3xiv and 4xiv of Schedule CYLA)” shall be substituted; |
| (ix) | At page number 89, in Part B-TI, in part B3, in row 8, for the figures and letters “(total of 2xv, 3xv and 4xv of Schedule CYLA)”, the figures and letters “(total of 2xiv, 3xiv and 4xiv of Schedule CYLA)” shall be substituted. |
NOTIFICATION G.S.R. 267(E) [NO. 62/2026/F.NO. 370142/10/2026-TPL], DATED 10-4-2026
In the notification of the Government of India, Ministry of Finance, Department of Revenue (Central Board of Direct Taxes), published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i), vide number G.S.R. 230(E), dated 30th March, 2026:
| (i) | At page number 100, in Part A – BS, in the vertical heading under column 1, the word “QUITY” shall be substituted by the word “EQUITY”; |
| (ii) | At page number 111, in Part A – P & L, after row 15, the words “DE” shall be substituted by the figure “16”; |
| (iii) | At page number 125, in schedule BP, in row 37, figures and letter “36 + 36x” shall be substituted with figures and letter “35 + 36x”; |
| (iv) | At page number 131, in schedule CG, under row A, for sub-row (8), the following sub-row shall be substituted, namely, |
| 8 | Pass Through Income/Loss in the nature of Short-Term Capital Gain, (Fill up schedule PTI) (A8a + A8b + A8c) | A8 |
| (v) | At page number 132, in schedule CG, row item B(4)(i) and row item B(4)(ii) shall be omitted; |
| (vi) | At page number 134, in schedule CG, in row B(A), words and figures “sl. no. 1aii”, shall be substituted with words and figures “sl. no. 1aiii”; |
| (vii) | At page number 135, in Schedule CG, in Part E, the words and letters “B12a” shall be substituted with words and letters “B11a”; |
| (viii) | At page number 136, in schedule-112A, column (1b) shall be omitted; |
| (ix) | At page number 136, in schedule-115AD(1)(b)(iii) proviso, column (1b) shall be omitted; |
| (x) | At page number 143, in Schedule UD, in row iv, under the columns (4) and (7), for the figures and letters “(3xvi of BFLA)” and “(4xvi of BFLA)”, the figures and letters “(3xv of BFLA)” and “(4xv of BFLA)” shall be substituted; |
| (xi) | At page number 152, in schedule MATC, for rows 5 and 6, the letters “xviii” shall be substituted with “xvii”. |
NOTIFICATION G.S.R. 266(E) [NO. 61/2026/F. NO. 370142/9/2026-TPL], DATED 10-4-2026
In the notification of the Government of India, Ministry of Finance, Department of Revenue (Central Board of Direct Taxes), published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i), vide number G.S.R. 229(E), dated 30th March, 2026:
(i) | At page number 107, in Schedule CG, in row A8, for the words and letters “(A8a A8b + A8c)”, the words “(A8a + A8b + A8c)” shall be substituted; |
(ii) | At page number 119, in Schedule UD, in row v, under the columns (4) and (7), for the figures and letters “(3xvi of BFLA)” and “(4xvi of BFLA)”, the figures and letters “(3xv of BFLA)” and “(4xv of BFLA)” shall be substituted. |
NOTIFICATION G.S.R. 265(E) [NO. 60/2026/F. NO. 370142/8/2026-TPL], DATED 10-4-2026
In the notification of the Government of India, Ministry of Finance, Department of Revenue (Central Board of Direct Taxes), published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i), vide number G.S.R. 228(E), dated 30th March, 2026:
(i) | At page number 104, in Schedule CG, in Part B, in row 9, in sub-row a(iii), for the words and letters “i. Total (ic + ii)”, the words and letters “Total (ic + ii)” shall be substituted; |
(ii) | At page number 106, in Schedule CG, in Part E, the words and letters “B13a” shall be substituted for “B12a”; |
(iii) | At page number 113, in schedule OS, in row 10(3b), the grey colour of the blank cells under column “upto 15/6” and “from 16/6 to 15/9” shall be removed. |
NOTIFICATION G.S.R. 264(E) [NO. 59/2026/F. NO. 370142/7/2026-TPL], DATED 10-4-2026
OECD / Global Developments – BEPS 2.0 and Global Minimum Tax
Countries continued aligning domestic laws with the OECD Pillar Two SbS Package, introducing new safe harbours (SbS, Simplified ETR, and Substance‑Based Incentive Safe Harbours) effective for FYs beginning on or after 1 Jan 2026.
Significant April activity included legislative amendments and guidance in EU and non‑EU jurisdictions.
Making Tax Digital (MTD) for Income Tax Goes Live
From 6 April 2026, self‑employed individuals and landlords with income above £50,000 must maintain digital records and submit quarterly updates to HMRC.
New tax year, new rules: what’s changing this April | Chartered Institute of Taxation
Belgium: Capital Gains Tax
Effective April 3, 2026, Belgium introduced a 33% flat tax on specific capital gains from financial assets realized since January 1, 2026. The tax targets gains from share transfers, excluding those within the “normal management of private estate,” and generally exempts historical gains.