Last updated 2026-06-27
Form 41 — Treaty Relief Declaration (India)
Form 41 — Treaty Relief Declaration (India) is the India declaration filed with your broker or payer before tax is withheld, to secure your treaty rate instead of the higher domestic default. It is filed via the Income Tax Department e-filing portal (Form 41), issued by the Income Tax Department (e-filing portal). The deadline is before TDS deduction — once per income stream, per financial year. You will need a certificate of tax residence and your income details.
What is Form 41 — Treaty Relief Declaration (India)?
Form 41 — Treaty Relief Declaration (India) is filed with your India payer before tax is withheld, to secure the treaty rate. Filed before payment to secure the treaty rate instead of the domestic default; replaces Form 10F (Income Tax Act 2025 s.159(8) / Rule 75).
How to file Form 41 — Treaty Relief Declaration (India)
- 1
Confirm your eligibility
File Form 41 — Treaty Relief Declaration (India) before your India broker or payer deducts tax, to secure your treaty rate instead of the higher domestic default.
- 2
Gather your documents
Obtain a certificate of tax residence from your home country and your expected income details for the streams you are declaring.
- 3
Complete Form 41 — Treaty Relief Declaration (India)
Fill in the declaration with your expected income and treaty-rate figures. Tax Reclaim can pre-fill it from your dividend data.
- 4
Submit before payment
File via the Income Tax Department e-filing portal (Form 41). Deadline: before TDS deduction — once per income stream, per financial year.
Frequently asked questions
Is Form 41 — Treaty Relief Declaration (India) an official form I can file directly?
Use this as your reference when completing the e-filing portal or handing the details to your broker/payer via the Income Tax Department e-filing portal (Form 41) — it is not a standalone signable PDF you submit as-is.
What is the deadline for Form 41 — Treaty Relief Declaration (India)?
before TDS deduction — once per income stream, per financial year. Missing the deadline means the over-withheld tax is permanently lost.
Do I need a certificate of tax residence?
Yes. The Income Tax Department (e-filing portal) requires a certificate of tax residence from your home country to grant the reduced treaty rate.
Anything important to watch out for with Form 41 — Treaty Relief Declaration (India)?
Filed before payment to secure the treaty rate instead of the domestic default; replaces Form 10F (Income Tax Act 2025 s.159(8) / Rule 75).
Generate Form 41 — Treaty Relief Declaration (India) pre-filled
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