GLOSSARY · VISA-HOLDER FINANCE
Lower or nil TDS certificate (India)
A certificate from the Indian tax officer that lets a payer withhold tax at a lower rate, or none, so that what is withheld matches the tax actually expected. Under the Income-tax Act, 2025 the payee applies for it under section 395(1) in Form 128 (formerly section 197 and Form 13, as the Income Tax Department pairs them); for a payment to a non-resident the payer can instead ask the officer to fix the chargeable part (section 395(2)). A non-resident seller of property applies before the sale, because the application cannot be processed once the withholding transaction is complete. As read on 2 October 2026; check with a Chartered Accountant.
Also called: lower deduction certificate, Form 128, Form 13, section 395 certificate, section 197 certificate
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CHAPTER · TAXES ON BOTH SIDES · STRATEGIESFiling in India as an NRICHAPTER · TAXES ON BOTH SIDES · STRATEGIESIndian Property: Buying, Renting and SellingRELATED TERMS
SOURCES
- Income-tax Act, 2025, section 395: certificates (read 2 October 2026). Income Tax Department, Government of India.
- Income-tax Rules, 2026, rule 213: application in Form No. 128. Income Tax Department, Government of India.
- Form No. 128 (earlier Form No. 13): FAQs. Income Tax Department, Government of India.