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. While 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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In an increasingly globalized economy, the mobility of skilled professionals across borders has become a defining feature of modern business. Multinational enterprises routinely deploy employees across jurisdictions, giving rise to the concept of expatriates—individuals working outside their country of residence. In the Indian context, expatriates may either be inbound (foreign nationals working in India) or outbound (Indian residents working abroad). The taxation of such individuals presents unique challenges due to the interplay between domestic tax laws and international tax treaties.
The Indian tax system, primarily governed by the Income-tax Act, 2025 adopts a source and residence based approach. Therefore, the taxation of expatriates hinges significantly on their residential status, the source of income and applicable Double Taxation Avoidance Agreements (DTAAs).
The determination of residential status is central to expatriate taxation in India. An individual may be classified as:
This classification is based primarily on physical presence in India during the financial year and preceding years
The tax implications vary accordingly:
Thus, accurate determination of residential status is critical, especially for expatriates who frequently move across borders
Salary constitutes the primary source of income for expatriates and is taxed based on where services are rendered. Under Indian law, salary for services performed in India is taxable in India irrespective of where the payment is made or received.
The definition of salary is comprehensive and includes:
Expatriate compensation structures often include additional benefits:
Such components require careful valuation and compliance with prescribed tax rules.
Cross-border employment can result in the same income being taxed in multiple jurisdictions. To address this, India has entered into DTAAs with over 90 countries.
These treaties provide relief through:
One of the most significant benefits for expatriates is the short-stay exemption, typically available if:
To claim treaty benefits, expatriates must obtain a Tax Residency Certificate (TRC) and comply with procedural requirements such as filing Form 41 (easier 10F).
Apart from income tax, expatriates must also navigate social security obligations. In India, the Employees’ Provident Fund (EPF) provisions require:
However, exemptions may apply under Social Security Agreements (SSAs) through a Certificate of Coverage.
Additional regulatory considerations include:
Expatriates must ensure strict compliance with Indian tax procedures:
Non-compliance may result in penalties, interest and additional scrutiny.
Further, expatriates who qualify as ROR must disclose foreign assets and income under the Black Money Act, 2015, failing which severe penalties may apply.
Form 41 is not optional under the Income‑tax Act, 2025
Expatriate taxation involves several practical complexities:
Expatriate taxation in India is a multifaceted domain requiring a nuanced understanding of tax laws, treaty provisions and regulatory frameworks. With evolving global mobility patterns and frequent legislative changes, expatriates and employers must adopt a proactive approach to structuring assignments and ensuring compliance.
A comprehensive and well-planned tax strategy taking into account residential status, income structuring, treaty benefits and compliance requirements can significantly mitigate tax risks and enhance efficiency in cross-border employment arrangements.
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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.