PAN for companies and other entities: Form 94 (Indian) and Form 96 (foreign)

Which form applies?

The Income-tax Rules 2026 split PAN applications into four forms. Forms 93 and 95 are for individuals, Indian and foreign respectively. For businesses, Form 94 covers non-individual Indian entities such as companies, LLPs, firms, trusts, AOPs and HUFs, and Form 96 covers entities incorporated or formed outside India.

The legal basis is section 262 of the Income-tax Act 2025, corresponding to section 139A of the 1961 Act, with the application procedure in rule 158 of the Income-tax Rules 2026, which replaced rule 114 of the 1962 Rules.

How Indian companies get PAN

Most new Indian companies and LLPs never fill Form 94 separately. The MCA incorporation forms act as a common application, and PAN and TAN are allotted along with the certificate of incorporation. Form 94 is needed where that route was not used, for example for older entities without PAN, trusts, firms and AOPs, or where an entity needs a fresh PAN after a change in constitution.

For Form 94 the documents required are proof of identity, proof of address and proof of the date of incorporation, which is typically the certificate of incorporation, registration certificate, partnership deed or trust deed.

PAN for foreign companies

A foreign company needs PAN if it earns income taxable in India, receives payments from Indian customers subject to TDS, or wants to claim treaty benefits. Without PAN, Indian payers may deduct tax at the higher 20% rate unless prescribed alternative details are provided.

Form 96 requires the entity's tax identification number in its home country, which the Department lists as mandatory, along with proof of incorporation and address, usually apostilled or attested. An Indian representative or authorised signatory details may also be needed.

Fees and processing

The Department's FAQ sets the fee at ₹66 for online paperless applications using e-KYC and e-Sign or DSC, and ₹72 at TIN facilitation or PAN centres. Charges for dispatch of a physical PAN card are higher, at ₹107 within India and ₹1,017 outside India. An e-PAN is available if a physical card is not needed.

Applications can be made online through Protean or UTIITSL, or at a PAN centre. Track the application with the acknowledgement number and download the e-PAN once it is allotted, then update bank and GST records.

Common errors and consequences

Common mistakes include applying for a second PAN when the entity already has one, names that differ from incorporation documents, wrong date of incorporation, and choosing an individual form for an entity. Holding two PANs is not allowed and duplicates must be surrendered.

Not having or not quoting PAN when required attracted a penalty of ₹10,000 under section 272B of the 1961 Act, and it leads to higher TDS on receipts and rejection of filings. Refogo's partner professionals can apply for PAN for a fixed fee.

PAN is also the key to every other registration: GST, TAN, bank accounts, import-export code and Udyam all draw on it. Entity names and dates in PAN records should match the incorporation documents exactly, or later registrations will be rejected.

Step by step

1. 1Check for an existing PAN

   Confirm the entity does not already hold a PAN, for example from incorporation.

2. 2Choose Form 94 or 96

   Use Form 94 for Indian entities or Form 96 for foreign entities.

3. 3Fill the online form

   Enter entity name, date of incorporation, address and representative details.

4. 4Upload documents

   Attach incorporation and address proof, and the TIN for foreign entities.

5. 5Pay and sign

   Pay the fee and sign with DSC or e-Sign.

6. 6Download e-PAN

   Track the acknowledgement and download the e-PAN when allotted.