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TAX FORUM: QUESTIONS & ANSWERS
Self-declaration forms available for NRIs
Please refer to your column under the title “Self-declaration of non-liability by non-resident Indians” in The Hindu dated October 29, 2007. I wish to draw your attention to the remarks
that the forms 15G and 15H do not contain the declaration that the declarant is resident. This appears to be incorrect, since Item No. 6 in Form 15H requires to disclose information where the assessee is a resident or non-resident.
The reader is right that Paragraph 6 requires information, whether the declarant is resident or non-resident in India. In fact, there is a similar column in Paragraph 6 in Form 15G as well. But the point sought to be made in The Hindu dated October 29, 2007, is that it is not necessary that the assessee should be a resident in order to qualify for non-deduction of tax at source by filing this declaration. The comparison is with earlier Form prior to amendment to Sec. 197A inserted with effect from June 1, 1992, in respect of payment of interest under Sec. 194A, later extended to include Sec. 193 and 194K, enabling any person other than a company or a firm, to avail the facility of self-declaration, where there is no tax liability.
The earlier Form required declarant to affirm that he is a resident so that the non-resident was not eligible to file the same. The present form wants only information, whether “resident/ non-resident”. In fact, this makes it clear, that the declarant whether he is a resident or non-resident, can file Form 15G or 15H, as the case may be.
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