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Notices & Litigation

Being taxed through your agent in India, as a non-resident

A relative, tenant or manager in India has been treated as your agent and assessed on your Indian income, or you fear they might be.

You live abroad, but someone in India connected to you, a relative who manages your affairs, a tenant, a business associate, has received a notice treating them as your agent and seeking tax on your Indian income from them. Or you are the person in India worried about being roped in for an NRI's tax. This is a real and often surprising power: the tax office can assess a non-resident's income through a representative in India rather than chasing the non-resident abroad. It comes with limits and protections, though, and knowing them changes how you respond.
Last reviewed: 26 July 20266 min readReviewed by Preetesh Maloo, CA

The short answer

The tax office can assess a non-resident's Indian income through a person in India connected to them, the non-resident's agent, and hold that person liable for the tax. Under Section 163 that agent can be someone employed by the non-resident, anyone with a business connection to them, anyone from or through whom the non-resident receives income, such as a tenant or a manager, or a trustee. But there are protections: the person must be given a chance to be heard before being treated as an agent, and once they pay the tax they have a statutory right to recover it from the non-resident or retain it from the non-resident's money they hold. The department can tax either the non-resident directly or the agent, but not both for the same income.

References on this page

  • Section 163: who can be treated as a non-resident's agent (employee, business connection, person through whom income is received, trustee)
  • Section 160(1)(i) makes the agent a representative assessee; Section 161 makes them liable for the non-resident's income
  • Safeguard: no one is treated as agent without an opportunity of being heard
  • Section 162: the agent can recover the tax from the non-resident or retain it from their money; the department taxes one, not both (Section 166)

Who can be treated as your agent

The reach of this power surprises people. Under Section 163, a person in India can be treated as the agent of a non-resident if they are employed by or on behalf of the non-resident, have any business connection with them, are a person from or through whom the non-resident receives any income, or are a trustee of the non-resident. Someone in India who has bought a capital asset from the non-resident can also be roped in. So a tenant paying you rent, a manager handling your Indian property, or a business partner through whom your Indian income flows can all fall within it.

Once treated as your agent, that person is a representative assessee under Section 160 and is made liable, under Section 161, for tax on your Indian income in the same way you would be, assessed in their own name but in that representative capacity. It is how the department reaches a non-resident's income without having to pursue someone abroad, and it is used, in particular, against Indian tenants and managers of NRI landlords.

The protections that matter

The power is not unchecked, and the protections are the whole of the defence. First, no person can be treated as the agent of a non-resident without being given an opportunity of being heard by the officer on whether they should be so treated. So an agent cannot simply be fixed with the liability out of the blue; they get to contest it. And the person must genuinely fall within one of the tests, and the principal must actually be a non-resident in that year, so if the alleged principal was resident that year, the section cannot be invoked at all.

Second, and importantly, the agent is not left out of pocket. Under Section 162, an agent who pays the tax has a statutory right to recover it from the non-resident, and to retain, out of any money of the non-resident's in their hands, an amount equal to the tax, and can get a certificate from the officer fixing that amount if there is a dispute. So a tenant or manager made to pay can lawfully keep back the equivalent from the non-resident's funds. Finally, the department must choose, it can assess the non-resident directly or the agent, but not both for the same income.

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What's involved

What the CA actually does

  1. 1

    We test whether the section even applies

    We check that the person genuinely falls within Section 163 and that the principal was a non-resident that year, since otherwise the agent cannot be fixed at all.

  2. 2

    We use the right-to-be-heard

    We make the case, at the hearing the law requires, on why the person should not be treated as agent, before the liability is fixed.

  3. 3

    We protect the agent's recovery

    We secure the agent's statutory right to recover the tax from the non-resident, or to retain it from the non-resident's money they hold.

  4. 4

    We stop double assessment

    We ensure the same income is not taxed on both the non-resident and the agent, and align it with the non-resident's own return.

What to have ready

Documents you'll typically need

  • The notice treating the person as agent
  • The relationship between the person and the non-resident
  • The income and any of the non-resident's money the person holds
  • The non-resident's residency for the relevant year

Your destination country can change the details

Requirements differ from one consulate, university and visa route to the next — how recent the figures must be, how long funds must have been held, and which certificates are mandatory. We assemble the documents around the exact checklist you're applying under. To see how India's tax treaty with your country of residence affects related filings, set your country below or compare all 31 countries.

Frequently asked questions

Common questions

Someone in India treated as your agent?

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