How to File Form 15CA and Form 15CB: A Step-by-Step Guide
When making payments or remittances to non-residents, it is crucial for banks to verify whether the applicable tax has been paid.
Key Points to Remember:
1. Tax Deduction Requirement:
- Under Section 195 of the Income Tax Act, tax must be deducted on any sum that is taxable. Banks must confirm that the tax has been paid before processing the remittance. If tax is not paid, verification from a Chartered Accountant or the Assessing Officer is required.
2. Form Requirements:
- Form 15CA/15CB Submission:
- For most foreign remittances, Form 15CA and Form 15CB are required.
- However, there are 28 types of foreign remittances where submission of Form 15CA or Form 15CB is not necessary.
3. Form 15CE:
- If the remittance or the total remittance in a financial year does not exceed Rs 5 lakh, Form 15CE needs to be filled out.
4. Tax Implications:
- Foreign remittances can have significant tax implications, which taxpayers may sometimes overlook. Ensure all tax-related requirements are met to avoid compliance issues.
This version makes the requirements and processes clearer and more straightforward.
What is Form 15CA?
Form 15CA is a declaration used to report payments made to non-residents that are subject to tax. It helps the Income Tax Department track foreign remittances and assess tax liability.
Banks and authorized dealers now require Form 15CA before processing international payments, as per revised Rule 37BB. This form must be filed online with the Income Tax Department, and a printed proof of submission should be provided to the bank as evidence of tax clearance.
What is Form 15CB?
Form 15CB is a certification issued by a Chartered Accountant that verifies the accuracy of tax details for payments to non-residents. It ensures the correct tax has been paid and provides key information required for completing Form 15CA.
Typically, Form 15CA is not needed if the payment to a non-resident is not subject to tax. However, as of October 2013, certain foreign remittances are exempt from reporting in Forms 15CA and 15CB under Rule 37BB.
Understanding the Applicability of Form 15CA and Form 15CB
Form 15CA and Form 15CB are essential when making foreign remittances under the Income Tax Act, 1961. The requirement for these forms depends on the type and amount of the remittance.
Form 15CA
Form 15CA is an online declaration by the remitter confirming that the payment made outside India has been properly taxed in India.
Purpose: This form helps track foreign payments and ensures compliance with the Income Tax Act, verifying that the correct taxes have been paid.
Applicable For: It is required for various payments to non-residents, including royalties, dividends, interest, salaries, professional fees, and technical fees.
Applicability of Form 15CA
Form 15CA is required for payments made to non-residents or foreign companies, regardless of the tax status of the remittance. This applies whether the remitter is an individual or a company, either resident or non-resident.
According to Section 5 of the Income Tax Act, 1961, Form 15CA must be filed when the income arises, accrues, or is deemed to be received in India.
Form 15CA includes four sections:
- Part A: For taxable remittances up to ₹5 lakhs.
- Part B: For taxable remittances exceeding ₹5 lakhs when an order or certificate under Section 195(2)/195(3)/197 is obtained from the Assessing Officer.
- Part C: For taxable remittances over ₹5 lakhs, accompanied by a certificate in Form 15CB from a Chartered Accountant.
- Part D: For payments to NRIs that are not chargeable to tax under the Income Tax Act, 1961.
When is Form 15CA Not Required?
1. Specified Payments: Form 15CA is not needed for remittances listed in Rule 37BB of the Income Tax Rules.
2. No RBI Approval Needed: If the remittance does not require prior approval from the RBI under Section 5 of the Foreign Exchange Management Act (FEMA), 1999.
Form 15CB Overview
Form 15CB is a certificate issued by a Chartered Accountant (CA) under Section 195(6) to ensure compliance with tax provisions, including the Double Taxation Avoidance Agreement (DTAA) and the Income Tax Act.
Purpose: This certificate verifies that the payment complies with relevant tax laws, helping to avoid tax disputes and penalties.
Applicability of Form 15CB
- Issued by CA: Required to be completed by a Chartered Accountant.
- Taxable Remittances: Necessary for payments to non-residents or foreign companies that are subject to tax.
- Exceeds ₹5 Lakhs: Mandatory for remittances over ₹5 lakhs.
- No AO Order: Required when there is no specific order from the Assessing Officer (AO).
When is Form 15CB Not Required?
1. Non-Taxable Remittance: Form 15CB is not required if the remittance is not taxable in India.
2. Taxable in Recipient's Country: If the income is taxable in the recipient's country of residence, and the remittance is sent there, Form 15CB is not needed.
3. Payments ≤ ₹5 Lakhs: Form 15CB is not required if "Part A" of Form 15CA is used, which applies when payments do not exceed ₹5 lakhs in a financial year.
4. Below RBI Limit for Foreign Tours: If the remittance is for a foreign tour or purchase of foreign assets and does not exceed the RBI's prescribed limit, Form 15CB is not needed.
5. Education Abroad: Form 15CB is not required for remittances for education abroad, provided the amount does not exceed the RBI's limit.
6. AO Certificate Obtained: Form 15CB is not necessary if a certificate from the Assessing Officer (AO) under Section 197 or 195(2)/(3) has been obtained.
Mandatory Information for Filing Form 15CA and 15CB
Details of the Remitter
1. Name of the remitter
2. Address of the remitter
3. PAN of the remitter
4. Principal place of business of the remitter
5. E-mail address and phone number of the remitter
6. Status of the remitter (firm/company/other)
Details of the Remittee
1. Name and status of the remittee
2. Address of the remittee
3. Country of the remittee (country to which remittance is made)
4. Principal place of business of the remittee
Details of the Remittance
1. Country to which remittance is made
2. Currency in which remittance is made
3. Amount of remittance in Indian currency
4. Proposed date of remittance
5. Nature of remittance as per agreement (invoice copy required from client)
Bank Details of the Remitter
1. Name of bank of the remitter
2. Name of branch of the bank
3. BSR Code of the bank
Other Information
1. Father’s name of the signing person
2. Designation of the signing person
Documents from the Remittee
1. Form 10F duly filled by the authorized person of the remittee
2. Tax residency certificate from the remittee (showing tax registration in the country where the remittee is registered)
3. Certificate that the remittee does not have a permanent establishment in India
Procedure to File Form 15CA and 15CB Online
How to e-file Form 15CA
1. Log in to the e-filing portal.
2. Select the ‘e-File’ tab, then ‘Income Tax Returns’, and choose ‘File Income Tax Forms’.
3. Choose ‘Others’ and select Form 15CA. Alternatively, search for the Form using the search box.
4. Click ‘Let’s get started’ on the Instructions page.
5. Enter Filing Type (Original/Revised), Financial Year, and click ‘Continue’.
6. Choose the appropriate Part:
- Part A: Remittance below Rs 5 lakh/year. No Form 15CB required.
- Part B: Remittance with AO approval under sections 195(2), 195(3), or 197. No Form 15CB required.
- Part C: Remittance above Rs 5 lakh/year requiring Form 15CB from a CA. Click ‘Assign to CA’, then check and accept or reject Form 15CB after CA uploads it.
- Part D: Non-taxable remittance. Complete e-Verification through DSC or EVC and note down the transaction ID and acknowledgement number.
How to e-file Form 15CB
1. Add CA: Go to ‘My Account’, enter CA details under ‘Add CA’.
2. Download and prepare the ‘Form 15CB Utility .xml file’.
3. Upload the .xml file:
- Go to ‘Upload Form’, enter PAN details of Assessee and CA, select Form name and Filing Type.
- Click ‘Submit’.
4. Check status of Form 15CB under ‘For Your Information’ on the Worklist tab.
Details Required for Filing Forms
1. PAN of the remitter and remittee
2. Amount of the remittance
3. Nature and purpose of the remittance
4. Bank details
5. Certificate from a Chartered Accountant (Form 15CB)
- Form 15CA: Declaration by the remitter about foreign remittance.
- Form 15CB: CA’s declaration confirming compliance with the Income Tax Act and Double Taxation Avoidance Agreement.
- Invoice, tax residency certificate, agreement, and Form 10F.
- Yes, Form 15CB is required for Part C to ensure compliance.
- Details of the remitter, remittee, remittance, AO approval, Form 15CB, and CA details.
- Penalty of up to Rs 1 lakh or the remittance amount under Section 271-I of the Income Tax Act.
- For remittances over Rs 5 lakh/year, which are taxable and where AO approval is not obtained.
- It is required if the remittance exceeds Rs 5 lakh/year and an accountant’s certificate is needed.
- Yes, Form 15CA can be withdrawn within 7 days from submission. A withdrawal link is available on the Assessee’s website.
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This structured format ensures that users can quickly locate the information they need for filing Form 15CA and Form 15CB, understand the procedure, and find answers to common questions.
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