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Do NRIs need Aadhaar, PAN card? Here's how to apply
An income tax official scrutinises a tax return form at a collection centre in Mumbai.
dubai - PAN Card is required by an NRI if he/she has got a taxable income in India
Do NRIs need to file income tax returns?
A person is considered an Indian resident for a financial year:
Further, income tax return filing is required by NRIs if:
. Short-term capital gain/long-term capital gain on sale of investments or assets.
. Want to claim any refund.
. Want to carry forward any losses.
Do NRIs need a PAN card?
. According to a new rule of the Securities and Exchange Board of India (Sebi), any NRI not having PAN card cannot do share trading by depository or broker.
. PAN is also mandatory for an NRI if he/she would like to invest in mutual funds.
. If an NRI doesn't want to trade but wants to purchase some land or other property in India, then it is mandatory to have a PAN card issued by the government of India.
. A person is required to quote his PAN card while executing many transactions in India, for example opening an NRO bank account, investment in shares, mutual funds, filing return of income, property deals, vehicle deals, investment in bank FDs, etc.
. Section 139A (5B) of the Indian income tax act requires banks in India to mandatorily quote the permanent account number (PAN) in the TDS certificate.
. The Central Board of Direct tax sent a circular on May 13, 2011, stating that from the financial year 2011-2012, all forms 16A will be generated online and address of delivery will be captured from the address on your PAN card application form. If you don't have a PAN card, it could result in the following:
. 1. Non-receipt of Form 16A
. 2. Non-issuance of Form 16A
How can NRIs apply for a PAN card?
Do NRIs need/are eligible for an Aadhaar card?
It is clarified that such mandatory quoting of Aadhaar or Enrolment ID shall apply only to a person who is eligible to obtain Aadhaar number.
As per the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, only a resident individual is entitled to obtain Aadhaar. Resident as per the said Act means an individual who has resided in India for a period or periods amounting in all to 182 days or more in the 12 months immediately preceding the date of application for enrolment. Accordingly, the requirement to quote Aadhaar as per section 139AA of the Income-tax Act shall not apply to an individual who is not a resident as per the Aadhaar Act, 2016. Moreover, filing details of the Aadhaar number while submitting income tax returns from July 2017 does not apply to NRIs.
How can NRIs apply for an Aadhaar card?
. You can go to any authorised Aadhaar enrolment centre anywhere in India with your proof of identity and proof of address documents.
. UIDAI process accepts wide range of PoI (Proof of Identity) and PoA (Proof of Address) documents. Common proofs of identity and address are election photo ID card, ration card, passport and driving licence.
. Photo ID cards like PAN card and Govt ID cards are permissible for identity proof. Address proof documents also include water, electricity and landline telephone bills for the last three months.
In case you do not have above common proofs, certificate of identity having photo issued by gazetted officer/tehsildar on letterhead is also accepted as PoI. Certificate of address having photo issued by MP or MLA/gazetted officer/tehsildar on letterhead or by village panchayat head or its equivalent authority (for rural areas) is accepted as valid PoA.
Even if someone in a family does not have individual valid documents, the resident can still enrol if his/her name exists in family entitlement document. In this case, the head of family in entitlement document needs to be enrolled first with valid PoI and PoA document. The head of the family can then introduce other members in the family while they are enrolling.
Where there are no documents available, resident may also take the help of introducers available at the enrolment centre. The introducers are notified by the registrar.
Does the mandatory linking of the PAN-Aadhaar cards rule apply to NRIs?
As Aadhaar card is not compulsory for NRIs, so they are exempted from mandatory linking. It has now become mandatory for you to link your PAN with Aadhaar with effect from July 1, 2017, as per the income tax laws. However, the government has exempted certain class of individuals from linking these two documents subject to certain conditions.
Even before the Supreme Court Judgement was announced upholding the legality of section 139AA, the Central Board of Direct Taxes (CBDT) had, in its notification dated May 11, 2017, clarified the categories of individuals who are exempted from compulsorily linking their PAN with Aadhaar by exempting them from the purview of Section 139AA of the Income Tax Act.
CBDT has notified that Section 139AA of the Income Tax Act is not applicable to the following individuals:
(i) Those categorised as Non-resident Indians as per the Income Tax Laws
(ii) Not a citizen of India
(iii) Is of age 80 years or more at any time during the tax year
(iv) Residents of the states of Assam, Meghalaya and Jammu and Kashmir
The above-mentioned categories of Individuals are exempted from the purview of section 139AA i.e. exempted from compulsory linking of PAN and Aadhaar, only if they do not possess Aadhaar or Aadhaar Enrolment ID.
How frequently do I need to give my finger prints for Aadhar card?
Finger prints for Aadhaar card is required only once. Your photo, finger prints and iris scan will also be taken as a part of the enrolment. You can review the details you have provided and make corrections during enrolment itself. You will get an acknowledgment slip with an enrolment number and other details captured during enrolment. Any correction in the enrolment data can be done within 96 hours of enrolment by visiting the enrolment centre with the acknowledgement slip.
Children above one year of age can apply for Aadhaar card. Kids' biometrics data, such as finger prints, keep changing frequently upto five years of age. Therefore, no biometric data will be collected for kids below five years. For children below five years, the Aadhaar card will be linked to their guardian/parents. When the child turns five, his/her biometric data will be collected and linked to his/her Aadhaar card.
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