Form 10F retires April 2026. Form 41 takes over. Same six fields, new legal hook.
From 1 April 2026, NRIs claiming DTAA benefits must file Form 41 under Section 159(8) of the Income-tax Act 2025 instead of Form 10F under Section 90(5) of the 1961 Act. The fields are identical. The legal references move. Here's what actually changes mechanically and what doesn't.
TrustNRI Editorial · Reviewed by ICAI-certified Chartered Accountants
Why Form 41 exists
The Income-tax Act 2025 replaces the 1961 Act for FY 2026-27 onward. The new Act renumbers most sections, restructures parts, and consolidates rules. Form 10F was anchored on Section 90(5) of the 1961 Act and Rule 21AB of the 1962 Rules. The corresponding section in the 2025 Act is Section 159(8), and the corresponding rule is Rule 75 of the 2026 Rules. Form 10F renames to Form 41 to track the new legal hooks.
The substance doesn't change. Both forms certify the same six things:
Name of the NRI claiming treaty benefit.
Status (individual, HUF, etc.).
Nationality / country of residence.
Taxpayer identification number in the home country (TIN).
Period of validity.
Address in the home country.
The field count is the same. The form's purpose (self-declaration paired with TRC for DTAA claims) is the same. The treaty mechanics are the same. The change is administrative and legal-anchor, not substantive.
For NRIs, the practical impact is: refile Form 41 once on or after 1 April 2026 with your annual TRC.
The treaty math doesn't change either. A ₹40 lakh NRO FD at 7% earning ₹2.8 lakh annually still pays 30% default Indian TDS without Form 41, dropping to your country's treaty rate (12.5% UAE, 15% UK/US, 10% most others) once you've filed.
We've seen the gap range from ₹49,000 (UAE) to ₹56,000 (UK) per year on this portfolio size, exactly the same as under Form 10F. That's the structural continuity Form 41 is designed to preserve.
What the new Income-tax Act 2025 actually changes
Most of the 1961 Act's provisions carry over to 2025 with renumbered sections. The renaming pattern:
Section 90 (DTAA relief) becomes Section 159 in the 2025 Act. Section 90(5) (which authorised Form 10F) becomes Section 159(8).
Section 195 (TDS for non-residents) becomes Section 263 in 2025.
Section 197 (lower-TDS certificate / Form 13) becomes Section 268 in 2025.
Section 119(2)(b) (condonation) becomes Section 156(2)(b) in 2025.
Section 244A (refund interest) becomes Section 281A.
Section 288 (Authorised Representative) becomes Section 326.
The scheme of taxation, treaty mechanics, and procedural framework are unchanged. The renumbering is for clarity (the 1961 Act had accumulated 60+ years of amendments and was hard to navigate).
For practical NRI work:
Form 10F under Section 90(5) of the 1961 Act, used through 31 March 2026.
Form 41 under Section 159(8) of the 2025 Act, used from 1 April 2026 onward.
Same physical filing portal (incometax.gov.in). Same 5-minute filing experience. Same TRC requirement on the foreign side.
Form 10F vs Form 41 side-by-side
Form 10F (used through 31 March 2026):
Legal basis: Section 90(5) of the Income-tax Act 1961.
Rule basis: Rule 21AB of the Income-tax Rules 1962.
Fields: 6 (name, status, country, TIN, validity, address).
Validity: 1 year from issuance.
Filing: incometax.gov.in e-filing portal.
Language: English.
Form 41 (used from 1 April 2026):
Legal basis: Section 159(8) of the Income-tax Act 2025.
Rule basis: Rule 75 of the Income-tax Rules 2026.
Fields: 6 (same six).
Validity: 1 year from issuance.
Filing: incometax.gov.in e-filing portal (same URL).
Language: English.
The transition is administrative. NRIs filing for FY 2025-26 (deadline 31 July 2026) use Form 10F based on the old Act. NRIs filing for FY 2026-27 (deadline 31 July 2027) use Form 41.
There's no overlap period. Banks and AMCs accept whichever form matches the assessment year. Filing Form 41 for FY 2025-26 or Form 10F for FY 2026-27 will be rejected.
The legal anchor: Section 159(8) + Rule 75
Section 159(8) of the Income-tax Act 2025 says: any non-resident who wants to claim treaty benefits must file a self-declaration in the prescribed form with the prescribed authority. The prescribed form is Form 41; the prescribed rule is Rule 75 of the Income-tax Rules 2026.
The declaration is filed online on incometax.gov.in. The portal issues an acknowledgment number. NRIs use this acknowledgment number when interacting with banks, AMCs, and during ITR filing.
The TRC (issued by the foreign tax authority) is filed alongside Form 41. The TRC must contain the six fields the home authority certifies as its tax-residency confirmation. Without a valid TRC, Form 41 is incomplete and the bank reverts to default Section 263 (the new section number for 195) withholding.
Form 41 has the same 1-year validity. NRIs renew annually before April. Missing the April refile costs treaty rate on the next quarterly TDS cycle.
The transition timeline
Q4 FY 2025-26 (Jan-March 2026):
Form 10F under Section 90(5) is the active form.
File your annual refile by 31 March 2026 if your existing certificate is expiring.
TRC for FY 2025-26 referenced.
April 1, 2026:
Form 10F retires. New filings must be Form 41.
Existing Form 10F acknowledgments remain valid for the FY 2025-26 they were issued for. They do not extend into FY 2026-27.
May-July 2026:
File Form 41 with a fresh TRC for FY 2026-27. Submit acknowledgment to your Indian bank.
Banks have 30 days to update their TDS systems to apply treaty rate.
July 31, 2026:
FY 2025-26 ITR deadline. ITR-2 references Form 10F.
July 31, 2027:
FY 2026-27 ITR deadline. ITR-2 references Form 41.
The two-form world lasts one full assessment cycle (roughly 16 months). After that, only Form 41 exists.
What you do today vs what you do post-April-2026
Today (through 31 March 2026):
File Form 10F at incometax.gov.in citing Section 90(5) + Rule 21AB.
Upload TRC for FY 2025-26.
Submit acknowledgment to your Indian bank.
File ITR-2 for FY 2025-26 by 31 July 2026 referencing Form 10F.
From 1 April 2026 onward:
File Form 41 at incometax.gov.in citing Section 159(8) + Rule 75.
Upload TRC for FY 2026-27.
Submit acknowledgment to your Indian bank.
File ITR-2 for FY 2026-27 by 31 July 2027 referencing Form 41.
The physical experience is identical. Same portal, same 5-minute filing, same 6 fields, same TRC requirement. The legal references move. Banks update their systems to look up the new section reference.
For 95% of NRIs, the transition is a one-time refile. Set a calendar reminder for April 2026 to refile. After that, annual renewal continues as before.
What we actually do
We auto-detect the assessment year you're filing for and produce the correct form. For FY 2025-26 and earlier we generate Form 10F; for FY 2026-27 onward we generate Form 41. Same generator at /tools/form-10f-generator.
For existing TrustNRI clients, we refile Form 41 in April 2026 as part of the annual compliance retainer (₹14,999 per year). For one-off filings, ₹799 flat per refile.
If you have a TRC about to expire and you're unsure which form applies for the renewal year, Book free CA appointment. The 15-minute call confirms the correct form and refile timing for your specific TRC validity period.
No new TRC is required for the transition. Your existing 2025 TRC carries forward into Form 41 if its validity covers the FY 2026-27 calendar year.
Frequently asked questions
Q: My Form 10F was filed in November 2025 with 1-year validity. Does it carry into Form 41?
A: Yes for the period until November 2026. Once your November 2025 Form 10F expires, the next filing must be Form 41. The acknowledgment number changes.
Q: Do I need a new TRC for Form 41?
A: Not necessarily. If your existing TRC has validity extending into FY 2026-27, the same TRC backs Form 41. If your TRC is calendar-year-2025-only, you need a fresh TRC from your foreign authority for the new year.
Q: My bank still asks for Form 10F after April 2026. What do I do?
A: Bank systems need 30-90 days post-1-April-2026 to update. If your bank is still on the old system, file Form 41, attach the acknowledgment showing Section 159(8), and the bank's compliance team will accept it. Some banks may ask for the older Form 10F format temporarily; provide both.
Q: Is Form 41 longer or more complex than Form 10F?
A: No. Same 6 fields, same online portal, same 5-minute filing. Only the legal-reference text on the form changes (Section 159(8) of the Income-tax Act 2025 instead of Section 90(5) of the Income-tax Act 1961).
Q: Will Form 41 acknowledgments work for past-year condonation under Section 156(2)(b)?
A: Yes. The 2025 Act's condonation framework is procedurally identical to the 1961 Section 119(2)(b). Existing past-year applications use Form 10F for the years they cover; new applications for FY 2026-27 onward use Form 41.
Country guides mentioned
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