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

From 1 April 2026, India runs on a new Income-tax Act. The residence test is the same, but most of the forms and section numbers you know were renumbered. Here is the plain old-to-new map, what genuinely changed, and why your FY 2025-26 filing still uses the old forms.

Last reviewed: 21 June 20268 min readBy Vipul Sharma, Founder · reviewed by Preetesh Maloo, CA

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Is the Income-tax Act 2025 actually in force?

Yes. It received the President's assent on 21 August 2025 (Act 30 of 2025) and came into force on 1 April 2026, replacing the Income-tax Act, 1961. The forms you actually file are set by the Income-tax Rules, 2026, which CBDT notified on 20 March 2026 (Notification 22/2026). So the new form and section numbers are live law, not a proposal.

The catch most NRIs miss: the new Act applies to income earned from 1 April 2026 onward. The new "Tax Year 2026-27". Your income for FY 2025-26 is still taxed under the old 1961 Act, on the old forms, even though you file that return after April 2026. The return you file in July 2026 is an old-Act return. A savings clause (Section 536) keeps old circulars, certificates and Tax Residency Certificates valid through the changeover.

In one line: old forms for old years, new forms from Tax Year 2026-27.

The forms NRIs use: old to new

Most NRI paperwork was renumbered when the Income-tax Rules, 2026 took over. The form does the same job; only the number changed. These are the ones worth knowing:

Old form (until FY 2025-26)New form (from 1 Apr 2026)What it does
Form 10FForm 41Self-declaration a non-resident files (with the TRC) to claim a DTAA rate, Rule 75 / Section 159(8)
Form 10FAForm 42Application by a person resident in India for a tax residency certificate to use abroad, Rule 75(3) (formerly Rule 21AB) / Section 159
Form 10FBForm 43The tax residency certificate the Assessing Officer issues on that application, Rule 75(4); no statutory time limit to issue
Form 15CAForm 145Remitter's declaration for a foreign remittance out of India
Form 15CBForm 146Chartered Accountant's certificate for a taxable foreign remittance (over ₹5 lakh)
Form 13Form 128Application for a certificate for lower or nil TDS, now under Section 395 (was Section 197)
Form 49AForm 93PAN application, individuals who are citizens of India (incl. NRIs on an Indian passport)
Form 49AAForm 95PAN application, individuals who are NOT citizens of India (OCI / foreign passport); Form 96 is for a foreign entity
Form 26QBForm 141Challan-cum-statement a buyer files for TDS on property bought from a RESIDENT seller (Section 393(1), was 194-IA). From 1 October 2026 its new Schedule E also covers a resident individual or HUF buying from a NON-RESIDENT under Section 393(2), without a TAN (Income-tax (Fifth Amendment) Rules 2026, Notification 121/2026)
Form 27QForm 144TDS return the buyer files on a payment to a non-resident (e.g. buying property from an NRI)
Form 16AForm 131TDS certificate (non-salary), what the buyer/payer issues to the NRI for tax withheld
Form 26ASForm 168Your annual tax statement (TDS credited against your PAN), renumbered, not abolished
Form 67Form 44Foreign Tax Credit statement, now needs a CA certificate where foreign tax is ₹1 lakh or more (Rule 76, Income-tax Rules 2026)
Form 10EEForm 40Election for Section 158 (was Section 89A) relief on a foreign retirement account
Form 3CEBForm 48Accountant's report on international / specified domestic transactions, filed under Section 172 (was Section 92E)
Form 26AForm 149Accountant's certificate that the payee reported the income and paid the tax, so the payer is not in default (Section 398(2), was the first proviso to Section 201(1))
Form 26BForm 139Deductor's refund claim for TDS paid in excess or by mistake, filed on TRACES; not maintainable once the deductee has been allowed the credit

Two things to flag, because the popular blogs get them wrong. First, the PAN forms split: the old Form 49A (Indian citizens) is now Form 93, and the old Form 49AA (foreign citizens) became Form 95 for an individual and Form 96 for an entity: so an OCI applying for a PAN uses Form 95, not 96. Second, several online mapping tables list 15CA as "131" and 27Q as "140"; both are wrong. The correct successors are Form 145 and Form 144, confirmed on the income-tax department's own form pages.

The sections NRIs run into: old to new

The Act renumbered most sections, but not all. Residence (Section 6) and the "income deemed to arise in India" rule (Section 9) kept their numbers, which is why you will still see them quoted the same way.

Old section (1961 Act)New section (2025 Act)What it covers
Section 6Section 6Residential status (the day-count test), number unchanged
Section 9Section 9Income deemed to accrue or arise in India, number unchanged
Section 90 / 90ASection 159DTAA / treaty relief, now expressly needs a TRC + Form 41 to claim (Section 159(8))
Section 195Section 393(2)TDS on payments to a non-resident, substance and rates unchanged
Section 206AA / 206CCSection 397(2)Higher-rate TDS/TCS where PAN is not furnished or is inoperative. The two old sections merge into Section 397(2) ('Compliance and reporting'). NOT a flat 20%: for deduction it is the higher of the specified rate, the rate in force, 5% for the section 393(1) cases listed there, or 20% in any other case; for collection it is twice the specified rate or 5%, capped at 20%. This is the rule that bites an NRI whose PAN went inoperative, and new Rule 162(3)(iii) cross-refers to it by name
Section 139A / 139AASection 262PAN: allotment, quoting, and the Aadhaar link. Section 262 consolidates both old sections. The Aadhaar-intimation duty whose breach makes a PAN inoperative is Section 262(6), the old Section 139AA(2). Non-residents remain outside the mandatory-linking class
Rule 114AAA (Income-tax Rules, 1962)Rule 162 (Income-tax Rules, 2026)Consequences of an inoperative PAN. Same substance: no refund and no interest on refund while it is inoperative, and TDS/TCS at the higher rate, but Rule 162 now cross-refers to Section 397(2) and Section 262(6), and reactivation stays at 30 days from intimating Aadhaar after the Rule 158 fee (old Rule 114)
Section 197Section 395Certificate for lower / nil TDS (Form 128). ⚠ The NEW Section 197 is now long-term capital gains
Section 54 / 54EC / 54FSection 82 / 85 / 86Capital-gains exemptions on a property sale (reinvest in a house / 54EC bonds)
Section 111A / 112 / 112ASection 196 / 197 / 198Capital-gains tax rates (STCG, LTCG non-equity, LTCG equity)
Section 89ASection 158Relief on a foreign retirement account (Form 10EE to Form 40)
Section 2(22)(c)Section 2(40)(c)Deemed dividend on a distribution to shareholders in a liquidation, to the extent of accumulated profits
Section 46Section 68Capital gains on assets distributed by a company in liquidation. ⚠ The NEW Section 68 is NOT the old Section 68 (unexplained cash credits), so check which Act a cited 'section 68' belongs to
Section 92ESection 172Duty to obtain and furnish a transfer-pricing accountant's report (Form 3CEB to Form 48)
Section 271AASection 442Penalty (2% of transaction value) for failing to maintain/furnish transfer-pricing documentation
Section 50CSection 78Stamp-duty value deemed the full value of consideration on a sale of land or building, with the same 110% tolerance and agreement-date option
Section 201 / 201(1A)Section 398Deductor who fails to deduct or pay TDS is an assessee in default; interest 1% a month for not deducting, 1.5% a month for deducting and not paying (Section 398(3))
Section 234ESection 427Late fee for a TDS statement: Rs 200 a day, capped at the tax deductible, paid before the statement is filed
Rule 37BC (Income-tax Rules, 1962)Rule 217 (Income-tax Rules, 2026)No higher Section 397(2) rate for a non-resident without a PAN (interest, royalty, technical fees, dividend, payment on transfer of a capital asset) who gives the payer name, email, phone, foreign address, TRC and foreign tax number
Section 195ASection 393(10)Grossing up where, under an agreement or arrangement, the payer bears the payee's tax
Rule 31 (Income-tax Rules, 1962)Rule 215 (Income-tax Rules, 2026)TDS certificate to the deductee (Form 16A, now Form 131), issued within 15 days of the quarterly statement's due date
Section 199Section 390Credit for tax deducted at source, given to the person whose income it is, per the deductor's statement (Section 390(5) and (6))
Section 203Section 395(4)Deductor's duty to issue the TDS certificate (Form 16A, now Form 131)
Section 269SSSection 185No loan, deposit or specified sum (including money for a property transfer) of Rs 20,000 or more except by account-payee cheque, draft or electronic transfer
Section 271DSection 450Penalty on the person who accepts cash in breach of Section 185 (formerly 269SS), equal to the amount accepted
Section 271CSection 448Penalty equal to the tax not deducted or not paid
Section 271HSection 461Rs 10,000 to Rs 1 lakh for a late or incorrect TDS statement; no penalty for delay if filed within one month of the due date with tax, fee and interest paid
Section 272A(2)(g)Section 465(2)Rs 500 a day for failing to issue a TDS certificate, capped at the tax deductible
Section 273BSection 470No penalty where the person proves reasonable cause for the failure
Section 276BSection 476Prosecution for failure to pay tax deducted; not where paid by the due date of the TDS statement
Section 49(1)Section 73(1)Cost of an inherited or gifted asset is the previous owner's cost
Section 2(42A)Section 2(101)Short-term capital asset; holding period includes the previous owner's
Section 55(2)(b)Section 90(9)FMV as on 1 April 2001 in place of cost (capped at stamp-duty value, s.90(10))
Section 288BSection 516Tax rounded to the nearest ten rupees
Section 139(1)Section 263(1)(a)Return of income by the due date
Section 139(4)Section 263(4)Belated return, within nine months of the tax year's end
Section 139(5)Section 263(5)Revised return
Section 143(1)Section 270(1)Processing of the return and the intimation
Section 154Section 287Rectification of a mistake apparent from the record
Section 244ASection 437Interest on refunds
Section 234ASection 423Interest for a late return
Section 234BSection 424Interest for default in advance tax
Section 234CSection 425Interest for deferring advance-tax instalments
Section 234FSection 428Fee for a late return
Section 70Section 108Set-off of a loss within the same head
Section 71Section 109Set-off of a loss against another head
Section 72Section 112Carry-forward of a business loss
Section 74Section 111Carry-forward of a capital loss
Section 24(a)Section 22(1)(a)30% standard deduction on house property
Section 24(b)Section 22(1)(b)Home-loan interest on house property
Section 140ASection 266Self-assessment tax
Section 211Section 408Advance-tax instalments
Section 87ASection 156Rebate for a resident individual

Watch one trap. The old Section 197 was the lower-TDS certificate. Under the new Act that certificate moved to Section 395 (and the application is now Form 128, was Form 13), while the number 197 has been reused for long-term capital gains. So "Section 395, formerly Section 197" means two completely different things depending on which Act someone is citing. When in doubt, ask which Act they mean.

What actually changed (not just the numbers)

A renumbering on its own is just admin. A few changes have teeth for NRIs:

DTAA claims are stricter. To claim a treaty rate you now expressly need a valid Tax Residency Certificate plus Form 41 (the old Form 10F), filed under Section 159(8). No TRC, no treaty rate. Your bank withholds the full domestic rate until it is on file.

Foreign Tax Credit asks for a CA sign-off at scale. The FTC statement is now Form 44 (was Form 67), and where the foreign tax you are claiming is large (reported as ₹1 lakh or more), a Chartered Accountant's certificate goes with it.

The remittance gate is unchanged in substance. Sending money out of India still runs on the remitter declaration (now Form 145) and a CA certificate (now Form 146) for a taxable remittance over ₹5 lakh, same gate, new numbers.

Everything else for a typical NRI. The residence day-count, how Indian-source income is taxed, the DTAA rates themselves, carries over unchanged. The Act tidied the rule book; it did not rewrite your tax position.

What this means for you right now

If you are dealing with FY 2025-26 (the return you file in 2026): use the old forms, Form 10F, Form 15CA / 15CB, the ITR as before. Nothing to relearn for this filing.

If it is income from 1 April 2026 onward: it is the new forms. Filing Form 41 for your DTAA rate, selling property and applying for a lower-TDS certificate on Form 128, or remitting funds on Form 145 / 146. Those are the numbers your bank and CA will ask for.

If you are reading an older article or a bank email that still says "Form 10F" or "Section 197", it is not necessarily wrong, check which year and which Act it is talking about before you act on it.

Can you do this yourself?

Do it yourself

  • Work out which set applies: income up to 31 March 2026 uses the old forms; income from 1 April 2026 uses the new ones.
  • File Form 41 (the old Form 10F) yourself online to claim your DTAA rate. It is a short self-declaration on the income-tax portal.
  • Get your Tax Residency Certificate from your home country's tax authority; you need it on file before the treaty rate applies.
  • Check your annual tax statement, now Form 168 (the old Form 26AS), for the TDS credited against your PAN.

Where you need a CA

  • The remittance certificate (Form 146, old Form 15CB). By law a Chartered Accountant must certify a taxable foreign remittance. This one cannot be self-filed.
  • A lower-TDS certificate on a property sale (Form 128, old Form 13, under Section 395). The application turns on a capital-gains computation and supporting proof the assessing officer will scrutinise.
  • Foreign Tax Credit on Form 44 (old Form 67). Where the foreign tax is large the form needs a CA certificate, and the credit has to line up with your home-country return.
  • Matching an old notice or certificate to the new section numbers. An assessment for an earlier year runs under the old Act while new proceedings use the new one, and the numbers collide (old 197 versus new 197).

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Sources · checked 21 June 2026

  • Income-tax Act, 2025 (Act 30 of 2025), in force 1 April 2026, repealing the Income-tax Act, 1961
  • Income-tax Rules, 2026. CBDT Notification 22/2026, G.S.R. 198(E), 20 March 2026
  • Section 159(8) + Rule 75, Form 41 (DTAA self-declaration, formerly Form 10F)
  • Section 395, certificate for lower or nil TDS (Form 128, formerly Form 13 under Section 197)
  • Section 393, TDS on payments to non-residents (formerly Section 195)
  • Section 536, repeal and savings (old circulars, TRCs and certificates stay valid)

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

For FY 2025-26 and earlier, yes, Form 10F is the form. From 1 April 2026 (Tax Year 2026-27) it is replaced by Form 41, filed online under Section 159(8) and Rule 75 of the Income-tax Rules, 2026. Same purpose: a self-declaration, filed with your Tax Residency Certificate, to claim your DTAA rate.

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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 June 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.

Form 15CB requirement threshold

Right now: Rs 5,00,000 in the financial year, where the remittance is chargeable to tax

Where it works differently

The remittance is not chargeable to tax
Part D of Form 15CA only. No 15CB.
Rule 37BB structure.
The remittance falls in the specified exempt list
No Form 15CA at all.
Rule 37BB(3) specified list.

Commonly got wrong

  • Every outward remittance needs Form 15CB. Only where chargeable to tax and above Rs 5 lakh in the year.Form 15CB is needed only where the remittance is chargeable to tax AND exceeds Rs 5 lakh in the financial year. Otherwise Part D of Form 15CA is enough.

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