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Form 41 replaces Form 10F from FY 2026-27: what NRIs claiming DTAA benefits need to know

Form 10F is the one-page form you file to claim your treaty (DTAA) tax rate instead of the default 30%. From April 2026 it has a new name: Form 41. Same form, new number. Here's which one to file, and how.

Last reviewed: 4 July 20263 min readBy Vipul Sharma, Founder · reviewed by Preetesh Maloo, CA

For Gulf NRI

You're viewing this as Gulf NRI. Your country guide has the treaty position and the rates that apply to you.

Key takeaways

  • Form 10F is renamed Form 41 from 1 April 2026. Same form, new number and legal citation.
  • Which one you file depends on the income period: FY 2025-26 income uses Form 10F, FY 2026-27 onward uses Form 41.
  • It only works alongside a Tax Residency Certificate from your home country, renewed every year.
  • No PAN means a flat 20% under Section 206AA, so get a PAN first (Form 49A/93, or 49AA/95 on a foreign passport).

The math, in one example

Your bank credits ₹1,00,000 of NRO interest, and your treaty rate is 12.5%.

Default TDS at 30%₹30,000
With Form 41 and a TRC, at 12.5%₹12,500
You keep, every year₹17,500

Sources · checked 4 July 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

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.

Form 10F is now Form 41

Form 10F is now Form 41. Same one-page form, new name under the 2025 tax law. How you file it hasn't changed.

What it does: it gets your Indian income taxed at your lower treaty rate instead of the high default (30% on NRO interest, 20% on dividends).

It's worth the effort. The gap between the 30% default and your treaty rate is money you keep every year, and all it takes is this form plus a Tax Residency Certificate (TRC), once a year.

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

If your bank's form still says "Form 10F" for a 2026 payment, that's just old wording. Ask if they take Form 41.

How to file it

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. The form asks which treaty article covers your income: interest is 11, dividends 10, capital gains 13.

5. Upload the TRC and submit.

6. Send the acknowledgement number to your bank. One filing covers every bank and fund, and your lower rate starts from 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. You're taxed at a flat 20%, even when your treaty rate is lower. There's a workaround for interest and dividends (Rule 37BC) if you give your bank a TRC and your foreign tax ID, but a PAN is far less hassle. Apply with Form 49A on an Indian passport, or Form 49AA on a foreign one or OCI, now called Forms 93 and 95.

An out-of-date TRC. A 2025 certificate won't cover income from FY 2026-27. Renew it before you file.

Filing too late. File in April, before your first interest credit lands. Miss it and the bank cuts the full rate on that payment.

Frequently asked questions

Common questions about Form 41 replaces Form 10F from FY 2026-27: what NRIs claiming DTAA benefits need to know

Yes. Your TRC has to cover the same year as your Form 41, so a 2025 one won't work for FY 2026-27. Renew it before April.

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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 July 2026; treaty positions can change via protocol amendments and CBDT notifications.