Income-tax Act, 2025: New Forms & Compliance Statements from 1 April 2026
PAN, TAN, Form 121, Form 145/146, Form 26, Form 104 and Other Key Compliance Changes Explained
The Income-tax Act, 2025 has introduced a new structure for India’s direct tax law from 1 April 2026. While the basic tax policy has largely been retained, many statutory forms and compliance statements have been renumbered, simplified, merged or restructured under the Income-tax Rules, 2026.
For taxpayers, businesses, NRIs, employers, deductors, banks, charitable trusts and professionals, the practical question is:
Which form should be used after 1 April 2026 — the old form or the new form?
This article explains the key changes in PAN application, TAN application, Form 60/61, lower TDS certificate, Form 15G/15H, salary arrears relief, foreign remittance forms, tax audit report and charitable trust registration under the Income-tax Act, 2025.
For return filing support, you may also refer to our dedicated page on ITR Filing Services for AY 2026-27.
1. Basic Transition Rule: Old Year, Old Form — New Year, New Form
The most important principle is simple:
| Transaction / Compliance | Applicable Law | Form to be Used |
|---|---|---|
| Compliance relating to FY 2025-26 or earlier | Income-tax Act, 1961 | Old forms |
| Compliance relating to Tax Year 2026-27 onwards | Income-tax Act, 2025 | New forms |
| Applications pending as on 31 March 2026 | Old Act continues, unless specifically provided otherwise | Fresh filing not required merely due to transition |
| Fresh applications on or after 1 April 2026 | Income-tax Act, 2025 | New prescribed forms |
This is important because many filings may be made after 1 April 2026, but they may still relate to FY 2025-26. In such cases, the relevant year of transaction or compliance must be checked carefully.
2. PAN Application: Form 49A / 49AA Replaced by New Category-Specific Forms
Under the old system, Form 49A was used by Indian applicants and Form 49AA was used by foreign applicants for PAN application.
Under the Income-tax Act, 2025 framework, these have been split into separate forms:
| Applicant Category | Old Form | New Form |
|---|---|---|
| Indian individual | Form 49A | Form 93 |
| Indian company / entity | Form 49A | Form 94 |
| Foreign individual | Form 49AA | Form 95 |
| Foreign entity | Form 49AA | Form 96 |
This restructuring makes the forms more specific and easier to fill, because each form will contain only the fields relevant to that applicant category.
Practical point: Existing PAN numbers will continue. The new forms are relevant for fresh PAN applications filed on or after 1 April 2026.
3. TAN Application: Form 49B Split into Form 134 and Form 135
The old Form 49B for TAN application has also been split into two new forms:
| Applicant Category | Old Form | New Form |
|---|---|---|
| Government entities | Form 49B | Form 134 |
| Other than Government entities | Form 49B | Form 135 |
This is relevant for companies, firms, LLPs, employers, government bodies, statutory authorities and other deductors required to deduct or collect tax at source.
For businesses requiring support in payroll, accounting, TDS and compliance systems, refer to our Virtual CFO and Accounting Outsourcing Services.
4. Form 60 Becomes Form 97 — Declaration Where PAN is Not Available
Under the Income-tax Act, 1961, where PAN was required but the person did not have PAN, Form 60 was used.
Under the Income-tax Act, 2025:
| Purpose | Old Form | New Form |
|---|---|---|
| Declaration where PAN is not available | Form 60 | Form 97 |
A person who does not have PAN may submit Form 97 for specified transactions covered under the new rules.
This is important for banks, financial institutions, registrars, property transaction handlers and other reporting entities dealing with specified high-value transactions.
5. Form 61 Becomes Form 98 — Half-Yearly Statement of Declarations
Earlier, persons receiving Form 60 declarations were required to submit a half-yearly statement in Form 61.
Under the new framework:
| Purpose | Old Form | New Form |
|---|---|---|
| Half-yearly statement of declarations received | Form 61 | Form 98 |
The due dates are:
| Declaration Period | Due Date for Form 98 |
|---|---|
| April to September | 31 October of the financial year |
| October to March | 30 April of the next financial year |
Reporting entities should update their internal compliance checklist so that Form 98 is filed correctly under the new framework.
6. Lower / Nil TDS Certificate: Form 13 Becomes Form 128
A lower or nil TDS certificate allows a taxpayer to receive income after deduction of tax at a lower rate or at nil rate, where the taxpayer’s estimated total income justifies such relief.
| Purpose | Old Provision / Form | New Provision / Form |
|---|---|---|
| Lower / nil TDS certificate | Section 197 / Form 13 | Section 395(1) / Form 128 |
A certificate issued under Section 197 of the Income-tax Act, 1961 may remain valid for payments or credits made on or after 1 April 2026, if it was issued for lower or nil deduction in respect of projected receivables for Tax Year 2026-27.
This is particularly important for NRIs, property sellers, contractors, professionals, consultants and taxpayers expecting excess TDS.
For NRI property sale, NRO repatriation and lower TDS certificate support, refer to our NRI Tax Consultant in Dwarka, Delhi page.
7. Form 15G and Form 15H Merged into New Form 121
Under the Income-tax Act, 1961:
| Old Form | Used By |
|---|---|
| Form 15G | Resident individual below 60 years / eligible persons, subject to conditions |
| Form 15H | Resident senior citizens aged 60 years or more |
Under the Income-tax Act, 2025, both forms are merged into one form:
| Purpose | Old Forms | New Form |
|---|---|---|
| Self-declaration for no TDS | Form 15G / Form 15H | Form 121 |
This is a useful simplification because taxpayers often get confused between Form 15G and Form 15H. The new Form 121 creates a unified declaration format.
Another important improvement is the single UIN system. Earlier, each payer or deductor generated a separate Unique Identification Number for each Form 15G / 15H. Under the revised framework, a single UIN will be allotted by the Department for each PAN for a given tax year, and declarations submitted to multiple payers will be linked to that UIN.
8. Salary Arrears Relief: Form 10E Becomes Form 39
Taxpayers receiving salary arrears, advance salary, gratuity, pension commutation, retrenchment compensation or similar receipts may be eligible for tax relief to reduce the impact of bunching of income.
| Purpose | Old Form | New Form |
|---|---|---|
| Relief for salary arrears / advance salary etc. | Form 10E | Form 39 |
Under the Income-tax Act, 2025, this relief is linked with Section 157, and the assessee will be required to file Form 39on or before the due date of return filing under Section 263(1)(c).
Important transition rule: For AY 2026-27, which relates to FY 2025-26, Form 10E will continue to be used. Form 39 applies from Tax Year 2026-27 onwards. Use below calculator to calculate Income Tax Relief.
Income Tax Relief Calculator — Section 89 & Form 10E
For return filing with salary arrears, Form 10E / Form 39 support and AIS reconciliation, refer to our Income Tax Return Filing Services.
9. Foreign Remittance: Form 15CA / 15CB Replaced by Form 145 / 146
This is one of the most important changes for NRIs, foreign companies, businesses and persons making payments to non-residents.
| Purpose | Old Form | New Form |
|---|---|---|
| Declaration by remitter for foreign remittance | Form 15CA | Form 145 |
| CA certificate for foreign remittance | Form 15CB | Form 146 |
Under the old Act, these forms were linked with Section 195(6). Under the Income-tax Act, 2025, the corresponding requirement is under Section 397(3)(d).
The official e-filing portal describes Form 145 as the form for furnishing information for payments to a non-resident or foreign company before remittance, and also confirms that in some cases a CA certificate in Form 146 is required. (Income Tax India) Form 146 is the accountant’s certificate for taxable payments to a non-resident or foreign company where the payment or aggregate payments exceed ₹5 lakh in the tax year. (Income Tax India)
For professional support, refer to our CA Certificate for Foreign Remittance page and our local service page on Form 145 and Form 146 Filing in Delhi.
10. Structure of Form 145: Four-Part Reporting Framework
Form 145 has four parts:
| Part | When Applicable |
|---|---|
| Part A | Remittance is taxable and aggregate amount does not exceed ₹5 lakh during the tax year |
| Part B | Remittance is taxable, exceeds ₹5 lakh, and AO certificate under Section 395(1) / 395(2) has been obtained |
| Part C | Remittance is taxable, exceeds ₹5 lakh, and CA certificate in Form 146 has been obtained |
| Part D | Remittance is not taxable under the Act, except specified excluded payments |
A useful relief in the new framework is that where Part B is filed on the basis of an AO certificate, Form 146 is not required. This reduces duplication, professional cost and compliance burden for remitters.
11. UDIN Verification in Form 146
Form 146 introduces UDIN-based verification through ICAI systems. This is intended to ensure that only genuine CA certificates are accepted and to reduce the risk of fake certificates in foreign remittance transactions.
For NRIs and businesses, this means better reliability, stronger documentation and smoother bank-level processing.
12. Remittance in April 2026 for Liability Accrued Before 31 March 2026
A practical issue may arise where liability accrued in FY 2025-26, but the foreign remittance is actually made in April 2026.
The broad approach is:
| Issue | Applicable Law |
|---|---|
| Taxability of underlying income | Law applicable to year of accrual, i.e., Income-tax Act, 1961 if income accrued before 31 March 2026 |
| Procedural reporting form | Law in force on date of remittance, i.e., Form 145 / 146 if remittance is made on or after 1 April 2026 |
This distinction is important in NRI remittance, royalty, fees for technical services, dividend, interest and other cross-border payment cases.
13. Tax Audit: Form 3CA / 3CB / 3CD Merged into Form 26
Under the Income-tax Act, 1961, tax audit reports were filed in:
| Old Form | Purpose |
|---|---|
| Form 3CA | Audit report where accounts are audited under another law |
| Form 3CB | Audit report in other cases |
| Form 3CD | Statement of particulars |
Under the Income-tax Act, 2025, these forms have been merged into one unified form:
| Purpose | Old Forms | New Form |
|---|---|---|
| Tax audit report | Form 3CA / 3CB / 3CD | Form 26 |
For FY 2025-26 / AY 2026-27, the tax audit report will still be filed in Form 3CA / 3CB / 3CD. For Tax Year 2026-27, the tax audit report will be filed in Form 26.
For tax audit filing and review, refer to our dedicated page on Tax Audit under Section 44AB and our broader Audit and Assurance Services.
14. Key Features of New Form 26 for Tax Audit
The new Form 26 is not merely a change in numbering. It is a structural consolidation of tax audit reporting.
Key features include:
- Form 3CA, Form 3CB and Form 3CD are consolidated into one form.
- Audit clauses are aligned with the ITR framework to reduce mismatch between audit report and return of income.
- Reporting of disallowable expenditure is streamlined.
- Separate schedules have been inserted for losses, depreciation, deductions, prior period items, receipts, income and expenses.
- Auditor’s membership number, firm registration number and UDIN disclosure are mandatory.
- Dedicated reporting fields exist for capital receipts and deemed incomes not routed through the Profit & Loss Account.
This makes tax audit reporting more structured, digital and data-driven.
15. Charitable Trust Registration: Form 10A Becomes Form 104
For charitable and religious institutions, provisional registration under the old framework was applied through Form 10A.
Under the Income-tax Act, 2025:
| Purpose | Old Form | New Form |
|---|---|---|
| Provisional registration of charitable trust / institution | Form 10A | Form 104 |
Existing approvals or registrations granted under the Income-tax Act, 1961 generally continue, provided they are not inconsistent with the Income-tax Act, 2025. This continuity flows from the repeal and savings framework of Section 536.
If an application was filed during FY 2025-26 and remained pending on 31 March 2026, it will be disposed of under the Income-tax Act, 1961. A fresh application is not required merely because the new Act has commenced.
For trust, society, RWA and charitable institution audit support, refer to our RWA, Society, CGHS and Trust Audit Services.
16. Consolidated Mapping of Old Forms and New Forms
| Purpose | Old Form | New Form under Income-tax Rules, 2026 |
|---|---|---|
| PAN application — Indian individual | Form 49A | Form 93 |
| PAN application — Indian company / entity | Form 49A | Form 94 |
| PAN application — foreign individual | Form 49AA | Form 95 |
| PAN application — foreign entity | Form 49AA | Form 96 |
| TAN application — Government | Form 49B | Form 134 |
| TAN application — other than Government | Form 49B | Form 135 |
| Declaration where PAN is not available | Form 60 | Form 97 |
| Half-yearly statement of declarations | Form 61 | Form 98 |
| Lower / nil withholding certificate | Form 13 | Form 128 |
| Self-declaration for no TDS | Form 15G / Form 15H | Form 121 |
| Relief for salary arrears | Form 10E | Form 39 |
| Foreign remittance information | Form 15CA | Form 145 |
| CA certificate for foreign remittance | Form 15CB | Form 146 |
| Tax audit report | Form 3CA / 3CB / 3CD | Form 26 |
| Provisional registration of charitable trust | Form 10A | Form 104 |
17. Practical Compliance Checklist
Before filing any form after 1 April 2026, taxpayers and businesses should check:
- Whether the transaction relates to FY 2025-26 or Tax Year 2026-27.
- Whether the form is being filed for an old Assessment Year or a new Tax Year.
- Whether any application was already pending as on 31 March 2026.
- Whether accounting, payroll, ERP and TDS software have been updated with new form numbers.
- Whether the correct PAN / TAN / TDS / remittance form has been selected.
- Whether foreign remittance documents are supported by Form 145, Form 146 or AO certificate, as applicable.
- Whether Form 26 applies, or the older tax audit forms still apply.
- Whether trust registration and approval records under the old Act have been preserved properly.
18. Common Mistakes to Avoid
Taxpayers should avoid the following mistakes during transition:
- Filing old form where new form is applicable.
- Filing new form for AY 2026-27 where old law still governs.
- Treating existing PAN or TAN as invalid.
- Filing fresh trust registration where old application is already pending.
- Using old Form 15CA / 15CB terminology for remittances made after 1 April 2026.
- Missing UDIN verification in Form 146.
- Assuming Form 26 applies to FY 2025-26 tax audit.
- Selecting wrong year on the e-filing portal.
Correct year selection and correct form selection will be critical during the transition phase.
FAQs
1. Are existing PAN and TAN numbers invalid after 1 April 2026?
No. Existing PAN and TAN numbers continue to remain valid. The new forms apply only for fresh applications after 1 April 2026.
2. Which form replaces Form 15G and Form 15H?
Form 121 replaces both Form 15G and Form 15H under the Income-tax Act, 2025 framework.
3. Which forms replace Form 15CA and Form 15CB?
Form 145 replaces Form 15CA, and Form 146 replaces Form 15CB.
4. Which form should be used for tax audit of FY 2025-26?
For FY 2025-26 / AY 2026-27, Form 3CA / Form 3CB / Form 3CD will continue to be used.
5. Which form should be used for tax audit of Tax Year 2026-27?
For Tax Year 2026-27, the new Form 26 will be used.
6. Is Form 146 required if an AO certificate is available?
No. Where Form 145 Part B is filed on the basis of an AO certificate, Form 146 is not required.
7. Which form replaces Form 10E?
Form 39 replaces Form 10E for salary arrears relief and similar relief claims under the Income-tax Act, 2025.
8. Which form replaces Form 10A for charitable trust provisional registration?
Form 104 replaces Form 10A for fresh applications filed under the new framework.
Conclusion
The transition from the Income-tax Act, 1961 to the Income-tax Act, 2025 is not merely a change in section numbers. It also changes the form structure for several routine and high-value compliances.
The key takeaway is:
For AY 2026-27 and earlier years, old forms will generally continue. For Tax Year 2026-27 onwards, new forms under the Income-tax Rules, 2026 will apply.
Businesses, NRIs, salaried employees, banks, deductors, professionals, tax audit assessees and charitable institutions should update their compliance systems early to avoid wrong-form filings, portal validation errors, TDS mismatches, remittance delays and audit-reporting issues.
For professional assistance, you may connect with CA Alok Kumar for ITR Filing, Tax Audit, CA Certificate for Foreign Remittance, NRI Tax Advisory and Audit & Assurance Services.
ITR Filing Services for AY 2026-27
Virtual CFO and Accounting Outsourcing Services
NRI Tax Consultant in Dwarka, Delhi
Income Tax Return Filing Services
CA Certificate for Foreign Remittance
Form 145 and Form 146 Filing in Delhi
Tax Audit under Section 44AB
Audit and Assurance Services
RWA, Society, CGHS and Trust Audit Services
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