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Form 10F's new name is Form 41: the difference, and which one NRIs file

Form 10F's new name is Form 41. It is the treaty-information form, renumbered under the Income-tax Act 2025 from 1 April 2026, and supports a treaty-relief claim where you meet the relevant conditions. File Form 10F for income up to 31 March 2026 and Form 41 for income from 1 April 2026. Bank already cut the full rate? Check whether you can claim eligible excess withholding in your Indian return; the steps are below.

Last reviewed: 9 October 20265 min readBy Vipul Sharma, Founder · reviewed by Preetesh Maloo, CA

For UAE NRI

Default Indian TDS 30% · listed treaty rate 12.5%. We can review whether this rate applies to you and whether any eligible excess withholding can be claimed.

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Key takeaways

  • Form 10F is replaced by Form 41 for the new-law tax year. Check the current form and portal instructions.
  • Which one you file depends on the income period: FY 2025-26 income uses Form 10F, FY 2026-27 onward uses Form 41.
  • Treaty documentation includes a Tax Residency Certificate covering the relevant period. Check the payer's current requirements.
  • Bank deducted at the full rate? Reconcile the tax credit with your liability and check whether an eligible excess can be claimed in your return.
  • No PAN? Check whether higher-withholding rules apply and whether a permitted exception covers your income and documents. Do not assume treaty relief is automatically unavailable.

The math, in one example

Illustration: ₹1,00,000 of NRO interest, assuming you qualify for a 12.5% treaty rate.

Default TDS at 30% (before cess)₹30,000
At an eligible treaty rate of 12.5%₹12,500
Illustrative difference before cess, not a promised refund₹17,500

Form 10F new name: it is now Form 41

Form 10F is now Form 41. It is the treaty-information form under the new law, filed online.

What it does: it supplies information supporting a treaty-relief claim. The benefit depends on the relevant treaty, income and eligibility conditions.

A form and TRC support the claim; they do not guarantee a reduced rate or a refund.

Which one do you file? It depends on when the income was earned:

Income earnedFile this
Up to 31 March 2026Form 10F
From 1 April 2026Form 41

For income governed by the new Act, ask the bank whether a checklist still labelled Form 10F needs the current Form 41 acknowledgement. Keep the old form for the applicable old-law year.

Tip

already had the full rate cut because you didn't file it? Check whether the deduction exceeds your final tax liability. The steps are further down this page.

Form 10F and Form 41: what is the difference?

Use the form for the relevant tax year. Form 10F applies to old-law years; Form 41 is the treaty-information form under the new law. Both support a treaty claim alongside a TRC covering the relevant period.

The current Form 41 collects applicant and tax-residence details. Check the official Form 41 manual before filing. A return filed in 2026 for FY 2025-26 does not become a new-law return merely because of its filing date.

How to file Form 41 online

You file it online, once a year:

1. Get your TRC from your home country's tax office (see below).

2. Log in at incometax.gov.in with your PAN.

3. Open e-File, then Income Tax Forms, and search "Form 41".

4. Fill it in. Complete the applicant and tax-residence details for the relevant year and TRC period.

5. Upload the TRC and submit.

6. Send the acknowledgement number to your bank. Check each payer's document requirements and ask when any accepted withholding change will take effect. Do not assume it starts with the next payout.

The TRC you need first

Form 41 only works with a Tax Residency Certificate (TRC), the document that proves you're a tax resident of your country. Get it before you file, make sure it covers the same year, and renew it yearly (aim for March).

CountryWho issues itCovers
UAEFederal Tax Authority (tax.gov.ae)a one-year period you pick
USAIRS Form 6166, via Form 8802the calendar year
UKHMRC (certificate of residence)the period you ask for
SingaporeIRAS (mytax.iras.gov.sg)the calendar year
Saudi ArabiaZATCAthe period you ask for
CanadaCRA (Certificate of Residency)the period you ask for
AustraliaATO (Certificate of Residency)the period you ask for

Watch out for these

No PAN. Check the applicable higher-withholding rules and any permitted exception with the payer. The documents required depend on the income and year.

TRC period. Check that the certificate covers the period for which you claim treaty relief. Do not rely only on the year printed on a checklist.

Timing. Give the payer the relevant documents in advance. Ask when an accepted change can apply; filing the form does not guarantee relief on the next credit or payment.

Bank already cut the full rate? How to get the extra back

Tax deducted at the full rate is not automatically lost, but it is not automatically refundable either. Check treaty eligibility, the relevant year and the tax credit before making a claim.

1. Prepare the treaty evidence. Use the form applicable to the year and a TRC covering the relevant period.

2. Reconcile your return. Compare the bank's deduction records with the credit available on the tax portal. Calculate the tax due and claim only any eligible excess.

3. Check refund interest separately. For eligible excess-TDS refunds, interest is generally 0.5% for each month or part of a month. It normally starts on 1 April after the income year for an on-time return, or on the filing date for a late return, and runs to the refund grant date. Section 244A applies to old-law years; Section 437 applies under the Income-tax Act 2025. The refund-size threshold, taxpayer-caused delays and other statutory exclusions can reduce or eliminate interest.

4. Check the filing route for that year. A missed filing window can require a condonation application. Approval is discretionary, and CBDT Circular 11/2024 excludes interest on belated refund claims covered by it. Do not assume an updated return can be used to create or increase a refund.

The example above illustrates a rate difference; it is not a minimum annual refund. For the wider NRO picture, see the NRO TDS guide.

Country-by-country tax-after-DTAA

Your effective rate depends on where you live

Same product, 31 different post-treaty outcomes. Sorted by lowest effective Indian tax first. Source: India's notified DTAAs and CBDT TDS rate chart, cross-checked country-by-country.

CountryDefault TDSTreaty rateSaving
Mauritius30%7.5%22.5%
Oman30%10%20%
Saudi Arabia30%10%20%
Qatar30%10%20%
Germany30%10%20%
Netherlands30%10%20%
Kuwait30%10%20%
France30%10%20%
Ireland30%10%20%
Switzerland30%10%20%
Malaysia30%10%20%
Japan30%10%20%
South Korea30%10%20%
Hong Kong30%10%20%
New Zealand30%10%20%
South Africa30%10%20%
Kenya30%10%20%
Sweden30%10%20%
Norway30%10%20%
Thailand30%10%20%
Indonesia30%10%20%
Portugal30%10%20%
Luxembourg30%10%20%
Austria30%10%20%
Poland30%10%20%
Finland30%10%20%
China30%10%20%
Vietnam30%10%20%
Israel30%10%20%
Sri Lanka30%10%20%
Tanzania30%10%20%
Uganda30%10%20%
Nepal30%10%20%
Cyprus30%10%20%
Malta30%10%20%
Bangladesh30%10%20%
Russia30%10%20%
Mexico30%10%20%
Ukraine30%10%20%
Taiwan30%10%20%
Lithuania30%10%20%
Czech Republic30%10%20%
Romania30%10%20%
Hungary30%10%20%
Kazakhstan30%10%20%
Georgia30%10%20%
Estonia30%10%20%
Uzbekistan30%10%20%
Belarus30%10%20%
Albania30%10%20%
Serbia30%10%20%
Bhutan30%10%20%
Kyrgyzstan30%10%20%
Iceland30%10%20%
Latvia30%10%20%
Slovenia30%10%20%
Croatia30%10%20%
Armenia30%10%20%
North Macedonia30%10%20%
Montenegro30%10%20%
Myanmar30%10%20%
Fiji30%10%20%
Tajikistan30%10%20%
Morocco30%10%20%
Jordan30%10%20%
Colombia30%10%20%
Chile30%10%20%
Trinidad & Tobago30%10%20%
Zambia30%10%20%
Mozambique30%10%20%
Botswana30%10%20%
Uruguay30%10%20%
Iran30%10%20%
Ethiopia30%10%20%
Namibia30%10%20%
Syria30%10%20%
Sudan30%10%20%
Turkmenistan30%10%20%
UAE30%12.5%17.5%
US30%15%15%
UK30%15%15%
Singapore30%15%15%
Canada30%15%15%
Australia30%15%15%
Denmark30%15%15%
Philippines30%15%15%
Italy30%15%15%
Spain30%15%15%
Belgium30%15%15%
Brazil30%15%15%
Türkiye30%15%15%
Bulgaria30%15%15%
Slovakia30%15%15%
Mongolia30%15%15%
Nigeria30%no DTAA,
Bahrain30%no DTAA,
Greece30%no DTAA,
Egypt30%no DTAA,
Libya30%no DTAA,
Guyana30%no DTAA,
Suriname30%no DTAA,
Maldives30%no DTAA,
Jamaica30%no DTAA,
DR Congo30%no DTAA,
Madagascar30%no DTAA,
Malawi30%no DTAA,
Panama30%no DTAA,
Brunei30%no DTAA,
Seychelles30%no DTAA,
Grenada30%no DTAA,
Sierra Leone30%no DTAA,
Zimbabwe30%no DTAA,
Afghanistan30%no DTAA,
Macao30%no DTAA,
Bahamas30%no DTAA,
Lebanon30%no DTAA,
Jersey30%no DTAA,
Argentina30%no DTAA,
Cayman Islands30%no DTAA,
Gibraltar30%no DTAA,
Yemen30%no DTAA,
Isle of Man30%no DTAA,
Guernsey30%no DTAA,
BVI30%no DTAA,
Bermuda30%no DTAA,
Monaco30%no DTAA,
Liechtenstein30%no DTAA,
San Marino30%no DTAA,
Belize30%no DTAA,
Liberia30%no DTAA,
Marshall Islands30%no DTAA,
Samoa30%no DTAA,
St Kitts and Nevis30%no DTAA,
St Vincent30%no DTAA,

Default TDS includes 4% Health and Education Cess. Treaty rate reflects the headline DTAA rate (cess and surcharge add on per the taxpayer's slab). The Bahrain “no DTAA” row reflects the fact that India and Bahrain have only a Tax Information Exchange Agreement (TIEA) signed 2012, no comprehensive treaty.

Work out your exact deposit TDS

Sources · checked 9 October 2026

  • Income-tax Act 2025 (Act 30 of 2025): in force 1 April 2026, replacing the Income-tax Act 1961
  • Section 159(8) and Rule 75, Income-tax Rules 2026: Form 41, the renamed Form 10F
  • CBDT Notification 22/2026, G.S.R. 198(E) dated 20 March 2026: the Income-tax Rules 2026
  • Section 90(5) / 90A(5) and Rule 21AB, Income-tax Rules 1962: Form 10F under the old regime (Section 90(4) requires the TRC)
  • DGIT (Systems) Notification 3/2022: online e-filing of Form 10F
  • Section 244A, Income-tax Act 1961: interest on refunds (Section 437 of the Income-tax Act 2025)
  • Section 139(4) (Section 263(4) of the Income-tax Act 2025): belated return; Section 139(8A): an updated return cannot increase a refund
  • Section 119(2)(b) and CBDT Circular 11/2024: condonation of delay in refund claims, within five years

Each figure and section is verified against the primary sources on every review: the Income-tax Act and Rules (incometax.gov.in), RBI and FEMA (rbi.org.in), and the relevant tax-treaty texts.

Frequently asked questions

Common questions about Form 10F's new name is Form 41: the difference, and which one NRIs file

Form 41 is the treaty-information form under the Income-tax Act 2025, replacing Form 10F for the new-law tax year. Both support a treaty-relief claim alongside a TRC. Use the form applicable to the year; check the current portal fields rather than assuming the old form is unchanged.

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Related guides

If this was useful, these go deeper on the same theme

The Income-tax Act 2025: what changed for NRIs (old vs new forms and sections)

From 1 April 2026, Form 10F is Form 41, 15CB is 146 and Form 13 is 128.

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Disclaimer: This page is for educational purposes only. The data shown is sourced from public AMFI / RBI / Income Tax Department / CBDT publications. We are not a SEBI-registered Investment Adviser and do not make product recommendations. For personalised tax or investment advice, please consult a qualified Chartered Accountant or SEBI-registered Investment Adviser. The country-by-country DTAA rates are based on India's notified treaties as of October 2026; treaty positions can change via protocol amendments and CBDT notifications.

The exceptions that change the answer

Where the general rule stops applying to you

Every rule below has a carve-out, a cut-off date or a condition that flips the answer. These are the ones that decide real cases.

Interest on income-tax refunds

Right now: 0.5% per month or part month

Where it works differently

The return was filed late
Interest runs from the date of filing, not from the start of the assessment year.
s.244A(1)(a) proviso.
The refund is under 10% of the tax determined
No interest is payable.
s.244A(1).
Interest is received
It is itself taxable as income from other sources in the year of receipt.
Standard treatment, routinely missed on multi-year NRI refunds.

Commonly got wrong

  • Refund interest is tax-free. It is taxable.Say so, and note the year of receipt.

Condonation of delay window for refund and loss claims

Right now: 5 years from the end of the assessment year

Where it works differently

The claim arises from a court order
Different limitation applies. The period the matter was pending is generally excluded.
Para in Circular 11/2024.
Deciding authority
Tiered by claim amount across Principal Commissioner, Chief Commissioner and CBDT.
Circular 11/2024 monetary limits.

Commonly got wrong

  • The condonation window is six years. Circular 9/2015 was superseded on 1 October 2024.Five years, per Circular 11/2024.

Belated return deadline

Right now: 31 December of the assessment year

Where it works differently

The 31 December date is missed
The only remaining routes are ITR-U (which cannot claim a refund) or a s.119(2)(b) condonation application within five years.
This fork decides most NRI refund cases.
Losses are to be carried forward
A belated return forfeits the carry-forward of business, speculation and capital losses (house-property loss and unabsorbed depreciation still carry forward). The original must be within s.139(1).
s.80.

Commonly got wrong

  • You can file a belated return up to 31 March. The deadline moved to 31 December from AY 2021-22.A belated return is due by 31 December of the assessment year.
  • Belated and revised returns share the same 31 December deadline. From AY 2026-27 the Finance Act 2026 moved the revised-return window to 31 March; only the belated return stays at 31 December.A belated return is due by 31 December; a return can be revised until 31 March of the assessment year, with a fee if revised after 31 December.

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