REITs and InvITs: Despite tax-free dividends, non-resident investors may need to file ITR to claim a refund of TDS

The Taxation and Other Laws (Amendment) Act, 2026 addresses existing dividend tax discrepancies for unitholders by granting unconditional exemptions. Despite this, the established withholding tax regulations for BTs have not been modified, leading to possible inconsistencies. Non-resident investors may need to submit tax returns to retrieve withheld taxes, highlighting the need for a future alignment of withholding practices with the new exemption framework.