NRIs, OCI, PIO Filling Tax in

India if Unable to get Aadhaar

Card

Quoting of Aadhaar made compulsory to file tax – PAN to be linked to Aadhaar In section 139A of the Income-tax Act, a new section has been inserted under finance bill 2017. The Insertion of new section 139AA is in regard to ‘Quoting of Aadhaar number.’ Section 139AA which is newly added stipulates that effective July 1, 2017 Aadhaar number will be required to file income tax returns in India. It will also be mandatory to link your PAN card to your Aadhaar card. PIO, OCI holders, NRIs who do not have Aadhaar Cards Several people living abroad who perhaps have PAN cards but do not possess Aadhaar cards. Non- residents settled abroad, many with foreign nationalities do not have and most are not eligible for Aadhaar cards yet. There were news reports last year of the government of India considering Aadhaar cards for NRIs, OCI and even PIOs. However, so far nothing has been announced in this regard by the authorities that I am aware of. Currently, NRIs, OCI, PIOs and foreigners who reside in India can get Aadhaar cards and many probably have during their visits to India. One of the requirements to get Aadhaar card is that the applicant must be physically present at a authorized Aadhaar enrollment facility so that their biometric data [fingerprint impressions, iris] can be recorded. There is no way to get around this and applicants must be physically present in India to apply for Aadhaar Card. Hence no one can apply for Aadhaar card from abroad. For those non-residents who may be a bit confused and worried that they will be unable to file tax in India without Aadhaar Card. I am posting an excerpt of section 139AA from the Finance bill 2017: As per the amendment 139AA: “Every person who is eligible for an Aadhaar number shall, on or after the 1st day of July 2017, quote Aadhaar number, (i) in the application form for allotment of the permanent account number; (ii) in the return of income”. Hence if you are resident abroad and not eligible for Aadhaar you may perhaps not be effected by this change. Contact the authorities or your accountant to let them know the reason you may not be able to provide Aadhaar card number. THE FINANCE BILL, 2017 Bill No. 12-C of 2017 AS PASSED BY LOK SABHA ON 22.03.2017 Excerpt from ‘The Finance Bill 2017’ After section 139A of the Income-tax Act, the following section shall be inserted, namely:— 139AA. (1) Every person who is eligible to obtain Aadhaar number shall, on or after the 1st day of July, 2017, quote Aadhaar number— (i) in the application form for allotment of permanent account number; (ii) in the return of income: Provided that where the person does not possess the Aadhaar Number, the Enrolment ID of Aadhaar application form issued to him at the time of enrolment shall be quoted in the application for permanent account number or, as the case may be, in the return of income furnished by him. (2) Every person who has been allotted permanent account number as on the 1st day of July, 2017, and who is eligible to obtain Aadhaar number, shall intimate his Aadhaar number to such authority in such form and manner as may be prescribed, on or before a date to be notified by the Central Government in the Official Gazette: Provided that in case of failure to intimate the Aadhaar number, the permanent account number allotted to the person shall be deemed to be invalid and the other provisions of this Act shall apply, as if the person had not applied for allotment of permanent account number. (3) The provisions of this section shall not apply to such person or class or classes of persons or any State or part of any State, as may be notified by the Central Government in this behalf, in the Official Gazette.