Independent guide · Not the Income Tax Department, Protean or UTIITSL · We never ask for your PAN, Aadhaar number or OTP.
Where Is PAN Mandatory, and What Happens If You Don't Give It?
Since 1 April 2026, Rule 159 of the Income-tax Rules, 2026 lists 16 transactions where you must quote PAN. Examples: opening a bank account, cash deposits of ₹10 lakh or more in a year, property over ₹20 lakh and vehicles over ₹5 lakh. Without PAN, tax is usually deducted at a higher rate, and a ₹10,000 penalty can apply.
- Rule
- Rule 159, Income-tax Rules, 2026
- Transactions
- 16 listed
- No PAN?
- Form 97 for 6 of them
- TDS without PAN
- Usually 20% or more
- Penalty
- ₹10,000 per default (s.467)
On this page
In which transactions must you quote PAN?
From 1 April 2026, the list is in Rule 159 of the Income-tax Rules, 2026, made under section 262 of the Income-tax Act, 2025. It covers the same ground as the old Rule 114B, with changes. The table below follows the official rule text. "Over" means more than the amount shown.
The last column matters most if you have no PAN. For some transactions you can sign Form 97 instead. For others you must apply for PAN first.
| No. | Transaction | When PAN is needed | Without PAN |
|---|---|---|---|
| 1 | Applying for a credit card (bank, co-operative bank or other company/institution) | Always | Apply for PAN |
| 2 | Opening a demat account, or an account with a custodian or SEBI-registered intermediary (e.g. a broker) | Always | Apply for PAN |
| 3 | Paying RBI to buy its bonds | Over ₹50,000 | Apply for PAN |
| 4 | Paying a mutual fund to buy units | Over ₹50,000 | Apply for PAN |
| 5 | Buying or selling securities other than shares | Over ₹1,00,000 per transaction | Apply for PAN |
| 6 | Cash deposits with a bank, co-operative bank or post office | ₹10 lakh or more in a financial year | Apply for PAN |
| 7 | Cash withdrawals from a bank, co-operative bank or post office | ₹10 lakh or more in a financial year | Apply for PAN |
| 8 | Buying or selling a motor vehicle that needs registration (not a tractor), including motorcycles | Over ₹5 lakh | Apply for PAN |
| 9 | Buying or selling shares of an unlisted company | Over ₹1,00,000 per transaction | Apply for PAN |
| 10 | Paying a company or institution for its debentures or bonds | Over ₹50,000 | Apply for PAN |
| 11 | Buying, selling, gifting, or a joint development agreement for immovable property (land, house, flat) | Price or stamp duty value over ₹20 lakh | Form 97 up to ₹45 lakh; over ₹45 lakh, apply for PAN |
| 12 | Opening a bank or co-operative bank account (not a time deposit, not a Basic Savings Bank Deposit account) | Always | Form 97 |
| 13 | Time deposit (fixed deposit) with a bank, co-operative bank, post office, Nidhi or RBI-registered NBFC | Over ₹50,000 at once, or over ₹5 lakh in total in a financial year | Form 97 |
| 14 | Starting an account-based relationship with an insurance company (life or other insurance) | Premium over ₹50,000 in a financial year | Form 97 |
| 15 | Cash payment of a hotel, restaurant, convention centre, banquet hall or event manager bill | Over ₹1,00,000 in cash at one time | Form 97 |
| 16 | Any other sale or purchase of goods or services (e.g. jewellery, appliances, travel) | Over ₹2,00,000 per transaction | Form 97 |
The other side (bank, registrar, seller, hotel) must check your PAN, or take a proper Form 97. They record it and may report the deal to the tax department.
Rule 159 is not the only PAN rule. Under section 262, you must apply for PAN if your income is above the tax-free limit, or your business turnover is likely to cross ₹5 lakh in a year. You also need one if you must file an income-tax return. Not sure what you need? Try our PAN wizard.
The 2026 list is not the same as the old one. Debit cards, bank drafts and cash for foreign travel are no longer separate items. A big foreign trip or jewellery purchase can still fall under row 16 if it is over ₹2 lakh in one transaction.
Thresholds count the value of the transaction, not just the cash part, except rows 6, 7 and 15, which are about cash. Paying by card or UPI doesn't remove the PAN rule for property, vehicles or row 16.
What are you doing: do you need PAN or Form 97?
Pick what you're about to do. The finder tells you whether Rule 159 asks for PAN, allows Form 97, or doesn't apply.
| What you're doing | Result |
|---|---|
| Credit card, demat account, cash ₹10 lakh+ a year, vehicle over ₹5 lakh, property over ₹45 lakh, mutual funds/bonds over ₹50,000 | Must quote PAN; apply if you have none |
| Normal bank account, FD over ₹50,000, property ₹20–45 lakh, insurance premium over ₹50,000, cash hotel bill over ₹1 lakh, goods over ₹2 lakh | PAN, or Form 97 if eligible |
| Basic Savings Bank Deposit account | Not needed under Rule 159; KYC still applies |
| Small mutual fund purchase | Rule 159 may not apply; SEBI KYC usually needs PAN |
| Anything below the limits | Rule 159 doesn't ask; check TDS and KYC |
Who doesn't need to quote PAN?
Rule 159 itself names a few exceptions:
- Governments and consulates: the Central Government, State Governments and consular offices don't have to quote PAN.
- Non-residents: they are excused only for rows 1 (credit card), 3 (RBI bonds), 15 (hotel and event cash bills) and 16 (other goods and services).
- Minors: a minor with no taxable income quotes the PAN of a parent or guardian. A child can also have their own PAN; see PAN for minors.
- Basic Savings Bank Deposit accounts: these are left out of row 12.
- IFSC banking units: some non-residents and foreign companies with no taxable income in India get relief for deals with banks in an International Financial Services Centre.
Companies and firms generally can't use Form 97 (the only exception is a narrow IFSC case for foreign companies). A company or firm doing these transactions needs its own PAN; see PAN for companies and firms.
What is Form 97, and when can't you use it?
Form 97 is a declaration for people who don't have PAN. It replaced Form 60 on 1 April 2026. You fill it at the bank, registrar, seller or insurer instead of quoting PAN.
When Form 97 is allowed
- Only for rows 11 to 16: property up to ₹45 lakh, a normal bank account, fixed deposits, insurance, hotel or event cash bills, and other goods or services.
- Only if you are not a company or a firm.
- Only if you truly have no PAN. If you have one, you must quote it.
- Is your estimated income above the tax-free limit? Then the notes on the form (as banks publish it) say you should apply for PAN. Write the application date and acknowledgement number on Form 97.
When Form 97 is not allowed
- For rows 1 to 10 (credit card, demat, bonds, mutual funds over ₹50,000, cash ₹10 lakh+, vehicles over ₹5 lakh, unlisted shares). Rule 159 says you must apply for PAN.
- For property over ₹45 lakh. You must apply for PAN.
What Form 97 asks for
The form, as banks publish it, asks for your name, date of birth, father's name, Aadhaar number, addresses, the transaction details and your ID and address proof. If you have applied for PAN, you can give the application date and acknowledgement number instead of proof. Forms 93–96 for applying are explained in our forms guide.
"You can always use Form 97 instead of PAN." Not true. Form 97 covers only 6 of the 16 transactions, and companies and firms can't use it. If your income is taxable, you should apply for PAN as well. A false statement in it can lead to prosecution.
What happens if you don't give your PAN?
Apart from the transaction rules, the Income-tax Act, 2025 has a separate rule for TDS (tax deducted at source) and TCS (tax collected at source). It is section 397(2), which broadly does the job of the old sections 206AA and 206CC. Anyone who receives income with TDS, or pays an amount with TCS, must give a valid PAN.
| Situation | With valid PAN | Without valid PAN |
|---|---|---|
| TDS on interest, dividends, rent, commission, professional fees and most other payments | Normal rate | The highest of: the normal rate, the rate in force, or 20% |
| TDS by a buyer of goods, or by an e-commerce operator | Normal rate | The highest of the normal rate, the rate in force, or 5% |
| TCS (tax collected by a seller) | Normal rate | Twice the normal rate or 5%, whichever is higher, but not more than 20% |
| Form 121 declaration (old Form 15G/15H) for no TDS | Accepted if you qualify | Invalid under section 397; TDS is deducted at the higher rate |
| Lower-deduction certificate application | Can be granted | No certificate is granted |
| TDS on rent at the higher rate | Normal rate | Capped at one month's rent (for the last month of the year or tenancy) |
Example: your bank deducts TDS on FD interest. If the bank has no valid PAN for you, it deducts at least 20%. A Form 121 you submitted would also be invalid. Extra tax deducted can generally be claimed in your income-tax return, which needs a PAN.
What about an inoperative PAN?
A PAN that is not linked with Aadhaar, when it should be, becomes inoperative. You then get no refund, no interest on refunds for that period, and higher TDS/TCS. Linking with the ₹1,000 late fee makes it operative again within 30 days. Read the full guide: inoperative PAN: effects and reactivation.
Some non-residents are excused from the higher TDS for certain payments, such as interest on some long-term bonds. Ask the payer or a tax adviser before assuming it applies to you.
What is the penalty for not quoting PAN or quoting a wrong one?
Section 467 of the Income-tax Act, 2025 covers failures under section 262 (the PAN section). A penalty of ₹10,000 may be imposed by the Assessing Officer (AO, your tax officer):
- for not following section 262, such as not applying for PAN when you must;
- per default, for not quoting or not authenticating PAN in a document where it is required;
- per default, for knowingly quoting a false PAN or Aadhaar number;
- per default, on the receiver (bank, registrar, seller) who fails to make sure PAN is correctly quoted.
So a seller who skips PAN on several bills over ₹2 lakh could face several penalties. If you get a notice, reply on time and keep your records. Ask a tax adviser or your AO if you are unsure; see find your AO code.
Holding two PANs is not allowed. Quote only the PAN you keep, and surrender the extra one: surrender a duplicate PAN.
What do banks, post offices and investment platforms ask for?
Bank and post office accounts
A normal savings or current account needs PAN or Form 97. Basic Savings Bank Deposit accounts are left out. Banks usually ask to link PAN with existing accounts too; see link PAN with your bank account.
Cash limits
PAN is needed when your cash deposits reach ₹10 lakh or more in a financial year (1 April to 31 March). The same ₹10 lakh test applies to cash withdrawals. The amounts are added up over the financial year, at a bank, co-operative bank or post office. Form 97 is not allowed for these.
Fixed deposits and interest
A time deposit over ₹50,000, or over ₹5 lakh in total in a year, needs PAN or Form 97. Separately, interest above the TDS limit is taxed at the higher rate if your PAN is missing or invalid.
Mutual funds, shares and demat
Opening a demat or broking account always needs PAN under Rule 159. Mutual fund purchases over ₹50,000 need it too. SEBI's KYC rules generally require PAN for investing in securities markets, with only narrow exceptions. Check your status in our PAN KYC status guide.
Big transactions are often reported to the tax department by the bank, registrar or fund. Many of them show up in your Annual Information Statement (AIS) on the e-Filing portal. Check it if you are unsure what was reported against your PAN. The AIS PDF is password-protected; our file unlock tool opens it inside your browser.
What should you check before a big transaction?
Two common hold-ups are an inoperative PAN and a name that doesn't match your PAN record. A few minutes of checks beforehand can save a lot of trouble.
- Check the table: does this deal need PAN?
- Is your PAN operative (linked with Aadhaar)? No: link it with the ₹1,000 fee and wait (inoperative PAN)
- Verify your PAN name and date of birth on e-Filing
- Quote the correct PAN on the form, deed or bill
- Keep the receipt or copy that shows your PAN
- Deal recorded with the right PAN
-
Check whether PAN is needed
Find your transaction in the table above. Note the limit and whether Form 97 is allowed.
You'll know it worked when you know which document to carry: PAN card, e-PAN or a filled Form 97.
-
Confirm your PAN is operative
On the e-Filing portal, use Link Aadhaar Status or Verify PAN Status. If the PAN is inoperative, link it with Aadhaar first. See link PAN with Aadhaar.
If it shows inoperative: pay the ₹1,000 fee and link. The PAN becomes operative again within 30 days of linking, so plan ahead.
-
Match your name and date of birth
The receiver checks your PAN against your name. Use Verify PAN Status on e-Filing; it needs PAN, name, date of birth and mobile, and only shows information. Our verify PAN guide explains the steps.
You'll know it worked when the portal shows your PAN as active and the details match.
If the name differs: fix it before the deal with Form CR-01. See PAN correction. Spelling differs between PAN and Aadhaar? Our PAN vs Aadhaar name checker helps you judge the difference.
-
Quote the correct PAN
Write all 10 characters clearly. Check the 4th letter: P for a person, C for a company, H for an HUF. For a joint purchase, each buyer should usually quote their own PAN.
-
Keep the receipt
Keep the bill, deed or account form showing your PAN. Later, check your AIS on e-Filing to see that the deal appears under your PAN, not someone else's.
You'll know it worked when your TDS appears in Form 26AS or AIS against your PAN.
You don't have PAN yet: what should you do?
If your deal is in rows 1–10, or property over ₹45 lakh, you need a PAN. The fastest route for most adults is Instant e-PAN with Aadhaar, which is free. Otherwise apply on Form 93 (₹107 with a printed card, ₹72 for e-PAN only).
- Check you don't already have a PAN
- Do you have Aadhaar with a linked mobile? No: apply on Form 93 at Protean or UTIITSL (apply)
- Apply for Instant e-PAN with Aadhaar OTP
- Download the e-PAN when allotted
- Quote the new PAN in your transaction
-
Check for an old PAN first
Look at old tax returns, salary slips, bank KYC or Form 16. Applying twice creates a duplicate PAN. Our find your PAN guide shows how to look it up.
-
Apply for Instant e-PAN or on Form 93
With Aadhaar and a linked mobile, use Instant e-PAN. Otherwise follow apply for a new PAN. If the deal can't wait and Form 97 is allowed, you can give your PAN application date and acknowledgement number on Form 97.
If Instant e-PAN fails: it is often an Aadhaar data issue, such as no mobile number linked to Aadhaar. Update your mobile in Aadhaar, or apply on Form 93 instead.
-
Download e-PAN and use it
An e-PAN is a digitally signed electronic PAN and is valid like the card. Give its number to the bank, registrar or seller. See download e-PAN.
You'll know it worked when the receiver accepts the PAN and it appears on your bill or account form.
What can go wrong, and how do you fix it?
| Your situation | What it usually means | What to do |
|---|---|---|
| Bank deducted 20% TDS on FD interest | No PAN on record, or the PAN is inoperative | Give a valid, operative PAN to the bank. Claim the extra TDS in your return. |
| Bank rejected your Form 121 (old 15G/15H) | No valid PAN, or PAN inoperative | Link PAN with Aadhaar and resubmit. Form 121 is invalid without a valid PAN. |
| Sub-registrar won't take Form 97 for a flat | The value is over ₹45 lakh | Apply for PAN; Form 97 is not allowed above ₹45 lakh. |
| Car dealer insists on PAN | The vehicle costs over ₹5 lakh | Quote PAN. Form 97 is not allowed for vehicles. |
| Broker says "PAN not verified" | Name or date of birth doesn't match the PAN database | Check with Verify PAN Status; correct details with CR-01. |
| AIS shows a property or deposit you didn't make | Someone quoted your PAN by mistake or misused it | Give feedback on the transaction in AIS. If it looks like fraud, report it on 1930. |
| Jeweller asks for PAN on a ₹2.5 lakh purchase | Row 16: over ₹2 lakh per transaction | Quote PAN, or sign Form 97 if you have no PAN and are eligible. |
| You quoted a typo in your PAN | TDS or reporting goes to the wrong PAN | Ask the bank or deductor to correct it in their records and TDS statement. |
NRIs and PAN in property and investments
- Rule 159 excuses non-residents only for credit cards, RBI bonds, hotel and event cash bills, and other goods and services (rows 1, 3, 15 and 16).
- Property: buying or selling in India over ₹20 lakh needs PAN. Above ₹45 lakh, you must have PAN. Your buyer deducts TDS on the sale, and without PAN it is usually higher.
- Securities: an NRI demat account always needs PAN. SEBI KYC and bank rules for NRE/NRO investments generally ask for it too.
- The higher TDS rule has narrow exceptions for some payments to non-residents. Check with a tax adviser before relying on one.
- PAN–Aadhaar linking is not required for non-residents. If your PAN shows inoperative, you may need to get your residential status updated in the PAN records. See PAN for NRIs.
Region not right?
PAN misuse and "penalty" scams
- Messages saying "your PAN will be blocked, pay the penalty now" with a link are a red flag. Check any real notice yourself by logging in to the e-Filing portal.
- Treat any call or message asking for an OTP as a red flag. Never share it.
- Don't let a dealer or agent "use your PAN" for someone else's purchase. Their deal will appear in your AIS.
- Give PAN copies only where needed. Write the purpose and date across the copy.
- Lost money or saw unknown deals on your PAN? Call 1930 quickly. PAN fraud guide →
Frequently asked questions
Is PAN mandatory for opening a bank account?
For a normal savings or current account, yes: quote PAN or, if you have none, sign Form 97. Basic Savings Bank Deposit accounts are left out of the Rule 159 list, though KYC still applies.
How much cash can I deposit without PAN?
Under Rule 159, PAN is needed once your cash deposits reach ₹10 lakh or more in a financial year at a bank, co-operative bank or post office. Form 97 is not allowed for this. Your bank may ask for PAN earlier under its own policy.
Is PAN needed for buying gold or jewellery?
Yes, if one purchase is over ₹2 lakh. It falls under row 16, sale or purchase of goods. If you have no PAN and are eligible, you can sign Form 97.
Is PAN required for buying property?
Yes, if the price or stamp duty value is over ₹20 lakh. Between ₹20 lakh and ₹45 lakh, an eligible person without PAN can use Form 97. Above ₹45 lakh, you must apply for PAN.
Do I need PAN to buy a two-wheeler or car?
Only if the vehicle costs over ₹5 lakh. Tractors are not covered. Form 97 is not allowed, so you must apply for PAN if you have none.
Is PAN mandatory for a fixed deposit?
Yes, for a time deposit over ₹50,000, or when your deposits cross ₹5 lakh in a financial year. Without PAN, you can sign Form 97 if eligible, but if the interest crosses the TDS limit, TDS will usually be 20%.
What is Form 97? Is it the same as Form 60?
Form 97 is the declaration for people without PAN under Rule 159. It replaced Form 60 from 1 April 2026. It can be used only for rows 11 to 16, and not by companies or firms. If your income is taxable, apply for PAN and give the application details on the form.
What is the TDS rate if I don't give PAN?
Usually the highest of the normal rate, the rate in force, or 20%, under section 397(2) of the Income-tax Act, 2025. For TDS by buyers of goods and e-commerce operators, the floor is 5%.
Can I submit Form 15G or 15H without PAN?
Forms 15G and 15H have been merged into Form 121. The official Form 121 FAQs list a valid, operative PAN as mandatory. Under section 397, the declaration is invalid without PAN, so TDS is deducted at the higher rate.
What is the penalty for not quoting PAN?
The Assessing Officer may impose ₹10,000 under section 467 of the Income-tax Act, 2025, per default. It also applies for quoting a false PAN, and to receivers who fail to make sure PAN is quoted.
Is PAN needed for a credit card or debit card?
A credit card application always needs PAN under Rule 159. Debit cards are not on the 2026 list, but your bank may still ask for PAN for the account.
Can my child use my PAN?
A minor with no taxable income quotes the PAN of a parent or guardian for these transactions. The child can also get their own PAN if needed.
Bottom line
Check the Rule 159 table before any big deal. Make sure your PAN is operative and matches your name. Use Form 97 only where it's allowed; otherwise get Instant e-PAN first. A missing PAN means higher TDS and a possible ₹10,000 penalty. For PAN help, call Protean on 020-27218080 or e-Filing on 1800 103 0025.
Sources
- Income Tax Department – Rule 159, Income-tax Rules, 2026 (transactions, thresholds, Form 97) (accessed 16 Oct 2026)
- Income Tax Department – Section 397, Income-tax Act, 2025 (higher TDS/TCS without PAN) (accessed 16 Oct 2026)
- Income Tax Department – FAQs on higher rate of TDS under section 397 (accessed 16 Oct 2026)
- Income Tax Department – Section 467, Income-tax Act, 2025 (penalty for failures under section 262) (accessed 16 Oct 2026)
- Income Tax Department – Section 262, Income-tax Act, 2025 (who must apply for PAN) (accessed 16 Oct 2026)
- Income Tax Department – Form 121 FAQs (earlier Forms 15G and 15H) (accessed 16 Oct 2026)
- Income Tax Department – PAN (forms, fees) (accessed 16 Oct 2026)
- Form No. 97 and its notes, as published by a bank for customers (PDF) (accessed 16 Oct 2026)
- Income Tax Department – FAQ under the earlier law (section 206AA): no PAN, can I furnish Form 15G/15H? (accessed 16 Oct 2026)
- SEBI – circular: PAN as the sole identification number for securities market transactions (2007) (accessed 16 Oct 2026)
Page history: 16 Oct 2026, first version.