If you’re an NRI or OCI who has set up a business in India, we know you are totally confused. The few questions that come to your mind are: does your company need its own PAN, or is your personal PAN enough? The answer is simple — a Company PAN Card for NRI- or OCI-owned business is issued in the company’s own name, separate from the personal PAN of its owners, directors, or shareholders. Your NRI or OCI status doesn’t change this rule; it only affects which form and process your company follows.
This article provides you with a complete guide on who needs a company PAN, how NRI/OCI ownership fits into the picture, which application form applies in 2026, what documents you’ll need, and the step-by-step process — along with common mistakes to avoid.
Do NRI and OCI Need a Separate PAN for an Indian Company?
Yes. Both NRI and OCI holders need a company’s PAN to be issued in the company’s own name, not the name of any individual associated with it. Whether the shareholders or directors are Indian residents, NRIs, or OCIs makes no difference — the company is treated as a separate legal and tax entity.
So an NRI or OCI who owns or runs a business in India will typically need two different PANs:
- Personal PAN: Used for individual income, investments, and personal tax filings (Read our guide on the personal PAN card application process for OCI).
- Company PAN: Used for the business’s tax filings, banking, GST registration, and other compliance requirements.
Important Note: The two PANs should never be treated as interchangeable.
Can an NRI or OCI Own a Company in India?
Yes, both NRIs and OCIs can be shareholders or directors of an Indian company, subject to applicable FDI guidelines for NRI investments and company law provisions. This is fairly common — many NRIs and OCIs set up private limited companies , LLPs, or invest as directors in existing Indian businesses.
What matters for PAN purposes is not the citizenship of the owner but the legal identity of the company itself — specifically, whether the company is incorporated in India or outside India. Keep this distinction in mind before moving to the application stage, since it determines which form and document set apply.
Company PAN Card for NRI and OCI: Which Application Form Applies?
From 1 April 2026, the Income Tax Department replaced the older PAN forms (49A and 49AA) with four category-specific forms — 93, 94, 95, and 96 — under the Income-tax Act, 2025 and the Income Tax Rules, 2026. For companies with NRI or OCI involvement, the relevant distinction is:
- Form 94: For entities incorporated in India, including companies, LLPs, partnership firms, trusts, and other Indian entities, regardless of whether their shareholders or directors are NRIs or OCIs.
- Form 96: For entities incorporated outside India (foreign companies, LLCs, or other foreign business structures) that need a PAN for Indian tax or transaction purposes.
In short, it’s the place of incorporation — not the citizenship of the owners — that decides which form your company must use. Applications made before 31 March 2026 on the older forms remain valid; only new applications must use the updated forms.
Documents Required for Company PAN for NRI and OCI
The document list depends on whether the company is registered in India or outside India. Here is a complete List of documents:
1. For an Indian Company
- Certificate of Incorporation/registration certificate
- Company details such as registered office address and date of incorporation
- Authorized signatory’s identity and address proof
- Any other supporting registration documents as prescribed
2. For a Foreign Company / Entity
- Proof of incorporation or registration in the country of origin
- Indian registration or approval documents, where the entity has an Indian presence (such as a branch or liaison office)
- Apostille or consular attestation of documents, where required
- Tax Identification Number issued in the entity’s home country, where applicable
Note: This document list is specific to the company’s PAN application. It should not be confused with the personal documents (like passport or OCI card) an individual NRI or OCI would submit for their own personal PAN.
How to Apply for a Company PAN as an NRI or OCI (Step-by-Step)
Here is the process Given Below:
Step 1: Identify the company/entity type.
Confirm whether the business is an Indian-incorporated entity or a foreign entity, since this determines the entire application path.
Step 2: Select the correct PAN application form.
Use Form 94 for Indian entities or Form 96 for foreign entities, in line with the 2026 rules.
Step 3: Keep company documents ready.
Gather the incorporation certificate and other supporting documents listed above before starting the application.
Step 4: Enter company details correctly.
This includes the legal company name, registration number, date of incorporation, and registered address — errors here are a common cause of rejection.
Step 5: Add authorized signatory details.
Someone needs to sign and submit the application on the company’s behalf; their identity details must be entered accurately.
Step 6: Submit and complete verification.
Submit the application along with the supporting documents through the applicable channel.
Step 7: Track the PAN application.
Use the acknowledgement or reference number generated at submission to track the status until the PAN is issued.
Applications can be submitted through the authorised PAN service providers (Protean, formerly NSDL, and UTIITSL), and domestic companies and LLPs can also apply through the applicable MCA common application route at the time of incorporation.
Indian Company vs Foreign Company PAN Card for NRI/OCI
| Factor | Indian Company | Foreign Company |
|---|---|---|
| Incorporation | India | Outside India |
| PAN Category | Indian entity (Form 94) | Foreign entity (Form 96) |
| Main Documents | Indian registration documents | Foreign registration + applicable supporting documents |
| Additional Authentication | As applicable | Apostille/consular authentication may apply |
| PAN Requirement | Based on Indian tax/transaction requirements | Based on Indian tax/transaction requirements |
Common Mistakes to Avoid When Applying for Company PAN Card for NRI
- Assuming the owner’s personal PAN can substitute for the company’s PAN.
- Selecting the wrong entity type or the wrong form (Form 94 vs Form 96).
- Company name mismatches between the application and incorporation documents.
- Entering incorrect registration numbers or incorporation details.
- Skipping apostille/attestation for foreign company documents where required.
- Errors in the authorized signatory’s details.
- Using the old Form 49A/49AA instead of the applicable 2026 form.
Frequently Asked Questions About Company PAN Card for NRI and OCI
1. Can an NRI own an Indian company and obtain a company PAN?
Yes. NRIs can own or co-own an Indian company, and the company applies for its own PAN as a separate legal entity, using Form 94.
2. Does an NRI need both a personal PAN and a company PAN?
Yes, if they have personal tax obligations in India as well as a company they own or direct. The two PANs serve different purposes and are applied for separately.
3. Can an OCI holder be associated with an Indian company?
Yes. OCI holders can be shareholders or directors of an Indian company, subject to applicable investment regulations. The company’s PAN application is unaffected by the OCI holder’s citizenship.
4. Which PAN form is used for an Indian company in 2026?
Indian-incorporated companies, LLPs, and similar entities use Form 94, regardless of whether their owners are NRIs or OCIs.
5. What documents are required for a company PAN?
Primarily the certificate of incorporation, registered address proof, and authorized signatory details. Foreign entities also need proof of foreign registration and, where applicable, apostille authentication.
6. Can an NRI apply for company PAN while living outside India?
Yes. The application can be filed from outside India through the authorised PAN service providers, and a foreign address is accepted where relevant.
A company’s PAN and its owner’s personal PAN are two different things, and NRI or OCI involvement doesn’t change the rules that apply to the entity itself. What matters is correctly classifying the company as Indian or foreign, choosing the right form (94 or 96), and submitting accurate, properly authenticated documents. Foreign company applications generally involve more documentation than Indian ones, so it helps to prepare these in advance.
