Tax Waiver Letter Template for India

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Key Requirements PROMPT example:

Tax Waiver Letter

"I need a Tax Waiver Letter for my IT services company seeking relief from double taxation for software services provided to our US-based clients during the financial year 2024-25, based on the India-US Double Taxation Avoidance Agreement."

Document background
A Tax Waiver Letter is a crucial document used in Indian tax practice when seeking relief from tax obligations under specific circumstances. This document is typically required when a taxpayer needs to request exemption from tax payments, reduction in tax rates, or relief from double taxation under applicable laws and agreements. The letter must be drafted in compliance with Indian tax regulations, particularly the Income Tax Act, 1961, and should include comprehensive details about the tax liability, grounds for seeking waiver, and supporting documentation. It's commonly used in scenarios involving international transactions, double taxation situations, or special economic circumstances where tax relief is permitted under Indian law. The effectiveness of a Tax Waiver Letter often depends on its precise drafting and the strength of the supporting documentation provided.
Suggested Sections

1. Sender Details: Complete details of the individual/entity requesting the tax waiver, including PAN/TAN numbers

2. Recipient Authority Details: Specific tax authority or officer to whom the letter is addressed

3. Subject Line: Clear indication that this is a tax waiver request with relevant reference numbers

4. Tax Details: Specific details of the tax type, amount, and assessment year for which waiver is sought

5. Grounds for Waiver: Detailed explanation of the reasons and legal basis for requesting the tax waiver

6. Request Statement: Formal request statement clearly stating the specific relief sought

7. Declaration: Statement confirming the truthfulness of information provided

8. Signature Block: Signature, name, and designation of the authorized signatory

Optional Sections

1. DTAA Reference: Required when the waiver request is based on Double Taxation Avoidance Agreement provisions

2. Previous Communications: Include when there have been prior communications with tax authorities on this matter

3. Legal Precedents: References to relevant case laws or previous rulings supporting the waiver request

4. Undertaking: Additional commitments or assurances, if required by the tax authority

Suggested Schedules

1. Calculation Annexure: Detailed calculations showing the tax amounts and basis for waiver request

2. Supporting Documents List: Index of all supporting documents attached with the waiver request

3. Power of Attorney: If the letter is being filed through an authorized representative

4. Tax Payment History: Statement showing history of tax payments and compliance

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Banking and Financial Services

Information Technology

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Retail

Healthcare

Real Estate

Infrastructure

Telecommunications

Professional Services

Energy and Utilities

E-commerce

Education

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Automotive

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Relevant Teams

Finance

Legal

Tax

Treasury

Compliance

Corporate Affairs

International Business

Accounts

Risk Management

Corporate Governance

Relevant Roles

Chief Financial Officer

Tax Manager

Financial Controller

Tax Consultant

Legal Counsel

Finance Director

Accounts Manager

Tax Compliance Officer

Corporate Finance Manager

International Tax Specialist

Finance Manager

Company Secretary

Treasury Manager

Tax Attorney

Financial Planning Manager

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