Foreign nationals and foreign companies can hold an Indian PAN, and increasingly need one — to invest, to do business, or simply to avoid punitive tax deduction. Since April 2026 the forms have changed and now separate individuals from entities. Here is which form applies and when a foreigner actually needs a PAN.
| Question | Answer |
|---|---|
| Which form does a foreign citizen use? | Form 95 (which replaced Form 49AA from 1 April 2026). |
| Which form does a foreign company use? | Form 96, the form for non-individual foreign entities. |
| Do OCI holders use Form 95? | Yes — an OCI is a foreign citizen and uses Form 95. |
| When does a foreigner need a PAN? | For taxable income, business or specified transactions in India. |
| Is Aadhaar required? | No — foreign applicants do not need Aadhaar. |
| Do documents need attestation? | Foreign-entity documents must be apostilled or consularised. |
When Does a Foreigner Need an Indian PAN?
A foreign citizen or foreign company needs an Indian PAN under Section 139A of the Income Tax Act when they earn taxable income, carry on business or profession in India, or enter specified financial transactions there.
- Earning income taxable in India, such as fees, royalties or capital gains.
- Setting up or investing in an Indian company, or acting as a director.
- Buying or selling Indian property or securities.
- Avoiding higher TDS — without PAN, tax is deducted at the higher rate under Section 206AA.
Which Form: 95 for Individuals, 96 for Entities
From 1 April 2026, under the Income-tax Rules, 2026, the single old foreign form (49AA) was split into two:
- Form 95 — for individual foreign citizens, including OCI and PIO holders.
- Form 96 — for non-individual foreign entities, such as foreign companies, LLCs, firms and trusts.
As with NRIs, citizenship decides the form: anyone holding a foreign passport uses Form 95, and any entity incorporated outside India uses Form 96. An OCI cardholder, being a foreign citizen, uses Form 95 — not the Indian-citizen Form 93.
Documents for a Foreign Individual
- Proof of identity: a copy of the passport, or OCI/PIO card where applicable.
- Proof of address: passport, overseas bank statement, or a foreign government-issued document.
- Photograph: a recent passport-size colour photo. Aadhaar is not required.
Documents for a Foreign Company or Entity
- Certificate of incorporation / registration of the entity in its home country.
- Tax identification or registration number in the country of incorporation.
- Attestation: documents must be apostilled (for Hague Convention countries) or consularised by the Indian embassy.
- Authorised signatory details for the person filing on the entity’s behalf.
How to Apply
- Pick the right form. Form 95 for an individual foreign citizen; Form 96 for a foreign entity.
- Apply online. Use Protean (formerly NSDL), UTIITSL or the income tax portal.
- Provide attested documents. Foreign-entity documents must be apostilled or consularised before submission.
- Pay the fee and submit. Dispatch to a foreign address carries a higher fee than an Indian address.
- Receive the PAN. An e-PAN is issued by email; a physical card can be sent abroad on request.
Common Mistakes
- OCI using the Indian form — leads to rejection. OCI and foreign passport holders use Form 95.
- Entity using the individual form — invalid application. A foreign company uses Form 96, not Form 95.
- Documents not attested — application fails. Apostille or consularise foreign documents first.
How These Rules Connect
Section 139A creates the obligation to hold a PAN, and Section 206AA makes the consequence of not having one concrete — TDS at a higher rate on Indian-sourced income. The 2026 split into Form 95 and Form 96 simply mirrors the individual-versus-entity distinction the department already applies to residents, so the choice follows from whether the applicant is a person or an organisation.
Key Takeaways
- Foreign individuals use Form 95; foreign companies and entities use Form 96 (both replaced Form 49AA from 1 April 2026).
- Citizenship decides the form — OCI holders use Form 95, not the Indian Form 93.
- A foreigner needs PAN for taxable income, business, investment or specified transactions in India.
- Foreign-entity documents must be apostilled or consularised.
- Without PAN, TDS is deducted at the higher rate under Section 206AA.
Frequently Asked Questions
Do foreigners need a PAN card in India? Yes, when they earn taxable income, do business, invest, or enter specified financial transactions in India. A PAN also prevents higher TDS under Section 206AA.
Which PAN form does a foreign citizen use? Form 95, which replaced Form 49AA from 1 April 2026. It applies to all foreign passport holders, including OCI and PIO cardholders.
Which form does a foreign company use? Form 96, the form for non-individual foreign entities such as foreign companies, LLCs, firms and trusts.
Do OCI holders use Form 95 or Form 93? Form 95. An OCI is a foreign citizen, so the foreign-citizen form applies even though they are of Indian origin.
What documents does a foreign company need? Its certificate of incorporation and tax identification number, apostilled or consularised, plus authorised signatory details.
Is Aadhaar needed for a foreign PAN? No. Foreign applicants do not need Aadhaar and can use overseas documents and address.
Can a foreigner apply for PAN from abroad? Yes. The application is online through Protean, UTIITSL or the income tax portal, with the e-PAN emailed and a physical card available on request.
What happens without a PAN? Specified transactions cannot proceed and TDS on Indian income is deducted at the higher rate under Section 206AA.
Need a PAN for a Foreign Individual or Company?
Foreign-entity applications hinge on getting the attestation and signatory details right. Regikart applies for PANs for foreign citizens and foreign companies. Reach us at +91 70444 94804 or [email protected], or read the companion guide at /blog/pan-card-for-nri.
About the author
CA & CS Team
Regikart at Regikart. Want to discuss this in the context of your business?
