National rules have been strictly implied to all the remittance of foreign nature which is done to a Non-Resident. There are certain slabs and amounts on which there is taxation. The person making a remittance has to deposit a Form 15CA online. And in the case of Form 15CB, a certificate is required from a chartered accountant. The meaning of Form 15CB is here to determine the tax deduction as per the income tax rules and also avoiding the double tax provision. TDS is again charged in the case when the remittance is taxable. The information provided in Form 15CB mainly includes the details of the remittee, details of the remitter, nature of remittance like royalty, salary, commission as per the agreement between both sides, Tax Residency Certificate and Bank details of the remitter from the remitter in case DTAA (Double Taxation Avoidance Agreement) is applicable. Earlier, the person making a remittance to Non-Resident was required to furnish a certificate in specified format circulated by RBI. Basic purpose was to collect the taxes at a stage when the remittance is made as it may not be possible to collect the tax from the Non-Resident at a later stage. Thus to monitor and track the transactions in an efficient manner, it was proposed to introduce e-filling of information in the certificates.
Section 195 of Income tax act, 1961 mandates the deduction of Income tax from payments made to Non Resident. The person making the remittance to non – resident needs to furnish an undertaking (in form 15CA) accompanied by a Chartered Accountants Certificate in Form 15CB. As per Section 195 of Income tax Act, 1961, every person liable for making a payment to non-residents shall deduct TDS from the payments made to non-residents if such sum is chargeable to Income tax then the withholding tax need to be deducted and form 15CA and 15CB are the declaration for the same. A person making the remittance (a payment) to a Non Resident or a Foreign Company has to submit the form 15CA to the bank. This form is submitted online. In some cases, a Certificate from Chartered Accountant in form 15CB is required after uploading the form 15CA online where TDS is required to be deducted. The furnishing of information for payment to non- resident, not being a company, or to a foreign company in Form 15CA has been classified into 4 parts –
Parts | Particulars |
Part A | Where the remittance or the aggregate of such remittance does not exceed 5 lakh during the F.Y. (whether taxable or not). |
Part B | Where an order /certificate u/s 195(2)/ 195(3)/197 of Income Tax Act has been obtained from the A.O. (Whether Nil rate or Lower rate Certificate). |
Part C | Where the remittance or the aggregate of such remittance exceed 5 lakh during the FY. |
Part D | Where the remittance is not chargeable to tax under Domestic law. |
15CB is the Tax Determination Certificate where the CA examines the remittance with regard to chargeability provisions under Section 5 and 9 of the Income Tax Act along with the provisions of Double Tax Avoidance Agreements. In form 15CB, A CA certifies details of the payment, TDS rate and TDS deduction as per Section 195 of the Income Tax Act, if any DTAA is applicable, and other details of nature and purpose of the remittance.
Upload of Form 15CB is mandatory prior to filling Part C of Form 15CA. To pre-fill the details in Part C of form 15CA, the Acknowledgement Number of e- verified form 15CB should be verified.
Note: Form 15CB is required to be filled only when the remittance exceeds 5 Lakh in the said fiscal under the income tax act 1961.
Form 15CA and Form 15CB for foreign remittances or payment to non-resident: Whenever a person is required to make remittance to a non-resident the remitter is under a legal obligation to deduct income tax thereon. Since the remittance is done by a Bank on behalf of its customer, it is not possible for a bank to ascertain whether tax has been duly deducted or not. To check the compliance, a procedure is adopted to furnish Form 15CA and a certificate of a Chartered Accountant in Form 15CB which enables a bank to remit the amount abroad.
The information in Form 15CA is required to be furnished electronically under digital signature. Prior to this notification of 2015, the digital signature was not mandatory for electronic furnishing of Form 15CA prior to remitting the payment. For TAN Users, DSC is Mandatory to file Form 15CA. However, in certain cases, Form 15CA can be filed without a digital signature. Form 15CA shall be verified by the person responsible for paying to a non-resident who may be the director or any other employee of the company/firm or the assessee himself. Similarly, the certificate by a CA in Form 15CB is also required to be issued electronically unlike manual certificates earlier. The authorized dealers are also required to furnish a quarterly statement for each quarter of the financial year in Form 15CC to the income tax department electronically under digital signature within 15 days from the end of the quarter of the financial year to which such statements relate.
The mechanism of obtaining information in respect of remittances fulfils twin objectives of ensuring deduction of tax at the appropriate rate from taxable remittances as well as identifying the remittances on which the tax was deductible but the payer has failed to deduct the tax. Therefore, obtaining information only in respect of remittances which the remitter declared as taxable defeats one of the main principles of obtaining information for foreign remittances i.e. to identify the taxable remittances on which tax was deductible but was not deducted. In view of this, it the provisions of section 195 of the Act was amended to provide that the person responsible for paying any sum, whether chargeable to tax or not, to a non-resident, not being a company, or to a foreign company, shall be required to furnish the information of the prescribed sum in such form and manner as may be prescribed.
An NRI who earns income in India is credited to his NRO account. An NRI may have interest income from Indian investments, rent income from his house property in India, sale proceeds of immovable properties in India, and many more. Such investments or property might have been acquired while they were in India.
Such NRIs may be interested in taking back the money from India to the foreign country where they are presently residing. Banks allow repatriation of money from their NRO account.
Before repatriation of the amount by an NRI, he has to electronically furnish information in Form 15CA on the e-filing portal of the income tax department. Almost in all cases, banks ask for a copy of furnished Form 15CA with the income tax department.
Confusion prevails for submitting a copy of CA’s certificate in Form 15CB.In many cases, banks do not remit the money until the certificate in Form 15CB is provided.
As stated earlier, Form 15CB is not required when the single or aggregate amount remittance does not exceed 5,00,000 during a financial year. In this case, only Form 15CA is required. Form 15CB is also not required if a lower TDS certificate is received from the Assessing Officer under Section 197.
Both the Form 15CA and Form 15CB are not required for remittance which does not require RBI approval under its Liberalized Remittance (LRS) Scheme. In this case, Part-D of Form 15CA is required to be filled.
Further, where the nature of payment is covered by the Specified List or exemption list, then also no Form 15CA or Form 15CB is required. For example, in case of remittance by non-residents out of his savings or income in India towards family maintenance and savings (S1301) or remittance towards personal gifts and donations (S1302) is covered in the specified list. In case remittances are of these listed nature, then there is no requirement to furnish Form 15CA or Form 15CB in terms of exemption granted under Rule 37BB(3)(ii) of Income Tax Rules 1962.
Thus Form 15CB is required where only when the amount of remittance out of India is taxable in India and exceeds 5,00,000.
From the present Rule 37BB, it is clear that Form 15CB is required only when the amount of remittance is taxable in India. No Form 15CB is required if the same in the non-taxable transfer. However, due to frequent changes in the regulations and confusions, many banks even demand a certificate in Form CB before remitting the amount of the NRI. In many cases, even banks insist on filling a particular Part in Form 15CA with which the NRI remitter may differ.
Hence, any remittance of funds by an NRI from his NRO account to NRE account and remittance of even non-taxable funds may require the remitter to provide a certificate from a Chartered Accountant in Form 15CB along with Form 15CA. In practice, some banks may insist for providing Form 15CA and/or Form 15CB with or without additional documents to substantiate that income tax thereon has been duly paid in India before the funds are being remitted.
List of payments (33 items) mentioned in Rule 37BB which does not require compliances and reporting through the submission of 15CA and 15CB. Those natures of remittance are as under:
1 | S0001 | Indian investment abroad – in equity capital (shares) |
2 | S0002 | Indian investment abroad – in debt securities |
3 | S0003 | Indian investment abroad- in branches and wholly owned subsidiaries |
4 | S0004 | Indian investment abroad – in subsidiaries and associates |
5 | S0005 | Indian investment abroad – in real estate |
6 | S0011 | Loans extended to Non-Residents |
7 | S0101 | Advance payment against imports |
8 | S0102 | Payment towards imports- settlement of invoice |
9 | S0103 | Imports by diplomatic missions |
10 | S0104 | Intermediary trade |
11 | S0190 | Imports below 5,00,000- (For use by ECD offices) |
12 | S0202 | Payment- for operating expenses of Indian shipping companies operating abroad. |
13 | S0208 | Operating expenses of Indian Airlines companies operating abroad |
14 | S0212 | Booking of passages abroad -Airlines companies |
15 | S0301 | Remittance towards business travel. |
16 | S0302 | Travel under basic travel quota (BTQ) |
17 | S0303 | Travel for pilgrimage |
18 | S0304 | Travel for medical treatment |
19 | S0305 | Travel for education (including fees, hostel expenses etc.) |
20 | S0401 | Postal Services |
21 | S0501 | Construction of projects abroad by Indian companies including import of goods at project site |
22 | S0602 | Freight insurance – relating to import and export of goods |
23 | S1011 | Payments for maintenance of offices abroad |
24 | S1201 | Maintenance of Indian embassies abroa |
25 | S1202 | Remittances by foreign embassies in India |
26 | S1301 | Remittance by non-residents towards family maintenance and savings |
27 | S1302 | Remittance towards personal gifts and donations |
28 | S1303 | Remittance towards donations to religious and charitable institutions abroad |
29 | S1304 | Remittance towards grants and donations to other Governments and charitable institutions established by the Governments. |
30 | S1305 | Contributions or donations by the Government to international institutions |
31 | S1306 | Remittance towards payment or refund of taxes. |
32 | S1501 | Refunds or rebates or reduction in invoice value on account of exports |
33 | S1503 | Payments by residents for international bidding. |
Sr. No. | Nature of Income | Taxability |
1. | Business Income | Taxable if direct or indirect business connection in India or property or asset or source in India or transfer of a capital asset situated in India. |
3 | S0003 | Indian investment abroad- in branches and wholly owned subsidiaries |
2. | Capital Gain | Taxable if Shares/Property is situated in India or derives its value substantially from assets in India. |
3. | Salary Income | If earned in India. |
4. | Interest Income | If sourced in India (if payer is Resident). |
5. | Royalties | If incurred for business in India irrespective of the residential status of the payer. |
6. | FTS | If incurred for business in India irrespective of the residential status of the payer. |
15CA is a mechanism to collect information by Income Tax Department for payments made abroad. Form 15CA is a Declaration of Remitter and is considered as a tool for collecting information in lieu of payments that are chargeable for tax in the hands of recipient non-resident of India. This is starting of an effective Information Processing System which may be utilized by the Income-tax Department to freely track the foreign remittances and their source to determine tax liability. Financial Institutions are now more vigilant in seeking such Forms before remittance is affected since now as per revised Rule 37BB, a duty is implied on them to furnish Form 15CA received from remitter to an income-tax authority for the uses of any proceedings under the Income-tax Act. Any payments made by a resident to a non-resident have to be reported under the Income Tax Act. The idea behind deduction of the taxes at source and their subsequent reporting is to ensure that taxes are collected on time. Form 15CA is a declaration made by the person remitting the money wherein he states that he has deducted the tax from any payments so made to the non-resident. Income Tax Department has now created online facility to file information. Thus the Form 15CA is required to be filed online with the tax department. After that, proof of online submission should be printed out. This copy is required to be given to the Bank as a proof of tax clearance from the tax department.
How Form 15CA is Important?Yes, the form is required to be filled for any non-resident but for some certain conditions if prevailed. Those conditions can be easily understood by the following sentence: - “(To be filled up if the remittance is chargeable to tax and does not exceed fifty thousand rupees and the aggregate of such remittances made during the financial year does not exceed two lakh fifty thousand rupees)” Therefore it appears clear that Form 15CA is not required to be filled if the remittance/ payment to a non-resident are not chargeable to tax.
Easy Submission Process of New 15CA & 15CB FormsIncome-tax Department has come up with a fully new re-engineered Form 15CA and Form 15CB consent process based on Multiple feedbacks provided by diverse corporate and experts and across India. This alteration will clarify the preparation; assignment, submission, and verification process indulge in the complete filing cycle of the Form.
Form 15CA is available online on the government’s official income tax e-filing portal. The form is electronically submitted to concerned authorities. Here is the step-wise guidance to file Form 15CA:
Step 1- Visit the official E-filing portal at https://incometaxindiaefiling.gov.in/ and log in by using the valid credentials.
Step 2– Select “E-file” from the menu placed at the top of the page and then click on Income Tax Forms.
Step 3– The PAN details of the taxpayer is pre-filled. Choose “Form 15CA” from the drop-down list named “Form Name”.
Step 4– Select your required section from “Select relevant part from the down “
Step 5– Fill the selected part of Form 15CA and click on the “submit” button.
Step 6– Fill in the details in the verification portion of the respective part of Form 15CA.
Please Note– Form 15CB needs to be uploaded before you fill Part C of Form 15CA as the acknowledgement number of Form 15CB is required while filing the respective part. Once the form is successfully filled, a notification “successfully submitted” will pop up on the screen along with a confirmation email sent to the registered email account.
15CB is a certification by Chartered Accountant for authenticity of data filled and to prevent evasion of Tax. Form 15CB, however, is not a declaration, but a certificate issued by a Chartered Accountant ensuring that the provisions of the Double Taxation Avoidance Agreement and the Income Tax Act have been complied with in respect of tax deductions while making the payments. It includes the following:
Form 15CB liability can be ascertained and certified by obtaining the Certificate from a Chartered Accountant in Form no. 15CB. This certificate has been prescribed under Section 195(6) of the Income-tax Act and is an alternate channel of obtaining Tax clearance apart from the Certificate from the Assessing Officer.
Chartered Accountant Can Fill in Form 15CB by the Below-Mentioned ProcedureAs soon as you press the submit button you will receive a success notification along with an email sent to your registered email ID.
Note: Digital Signature Certificate is the crucial document while filing Form 15CB.
Prescribed form No. 15CC for Quarterly statement to be furnished by an authorized dealer in respect of foreign remittances made by it.
If an assessee who is required to file Form 15CA 15CB fails to furnish the same before making remittance to a non resident, then he has shall be liable to penalty provisions under section 271I of the Income Tax Act, 1961. Such penal provision shall be attracted even if the person furnished inaccurate information. The amount of penalty which the assessing officer may ask the assessee to pay for Non compliance is 1lakhs. Penalty of 1 lakh for each default of non-filing for forms 15CA/CB will be applicable. An option for withdrawal of Form 15CA shall be available before payment. Form 15CA can be withdrawn within 7 days of submission of the online form.
Form 15CA - The forms can be found on the Income Tax e-filing website.
Generate Signatures with the DSC Management Utility provided by the Income Tax Department and USB token / pfx file for each Form for submitting FORM 15CA.
Where a person is already registered on the site, he must log in with the accurate credentials, usually the PAN number and the password. If he is not yet registered, he must click on the “Register” option on the page and then proceed to fill in all the necessary details and fields in order to complete the registration on the site.
Once login has taken place successfully, the “e-file” option is to be clicked on, wherein a dropdown list shall appear. The “Prepare and Submit Online Form (Other than ITR)” button is to be selected.
Next ‘Form 15CA’ option is to be selected from the dropdown list and click on ‘Continue’. Click on “Form 15CA” tab and Select the appropriate part (“PART-A”, “PART-B”, PART-C” or “PART-D”) based on the remittances as applicable.
Upon submission, a pop-up window appears wherein the Part of the Form 15CA is to be selected based on the most suited to the present scenario.
Based on which part of the Form 15CA is selected, the relevant fields will need to be filled. The common fields in the Form 15CA include:
If the person is unable to finish the form immediately, there is a “Save Draft” option that throws a lifeline in that regard, so as to not inconvenience the person of filling up all the details again.
On completion of the form, the “Submit” button is to be selected. Errors, if any, will be shown on the right panel of the Form.
The next page will have the “Success” message provided the form is submitted successfully.
View and Withdrawal of Form 15CA:
View Form 15CA – Click on “My Account” and then on “View Form 15CA”→ Select the Acknowledgement No. and print
Withdrawal – While on the View page, under the Status column, there will be a “Withdraw Form 15CA” option. This option is exercisable only within 7 days of the submission of the form before payment.
Form 15CB- The “Add CA” requisite has to be completed first in case of taxable income from foreign remittances exceeds 5 lakhs.
Under the “My Account” tab, the “Add CA” option is to be selected.
Here, the Membership Number of the CA has to be entered
The Form number is to be entered next as 15CB.
Since the CA has now been added successfully, the rest of the process may be completed by the CA himself.
The user account of the CA must be registered on the site as a CA and not as a regular account.
On the “Downloads” page, the Form 15CB Utility has to be downloaded. This is because the .xml file needs to be uploaded for the successful submission of the Form 15CB.
Once the download is complete, the .xml file has to be prepared offline and ready for upload.
On the site, under the “e-File” option, click on the “Upload Form” button and enter the following details:
Next, the prepared .xml file is to be uploaded and generated through the Utility. The DSC Management Utility has to be downloaded as well. This is beneficial in uploading the Digital Signature File in order for the submission to be complete in all respects.
Click on the “Submit” button and await the Success page.
View the form:
Once the Form 15CB has been uploaded and successfully submitted by the CA, the assessee may then log in and view the form under the “Worklist” tab by selecting the “For Your Information” button.
The status of the Form will be displayed as the case may be.
The submission of forms such as these, in reality, isn’t as complicated and tedious as they are normally believed to be. Moreover, the option of withdrawing the form presents the opportunity to retract the form when necessary.
The income tax department has revised the rules relating to preparation & submission of Form 15CA and Form 15CB. The revised rules became effective from 1st April 2016. The significant changes are as follows –
A person responsible for making a payment to a non-resident or to a foreign company has to provide the following details –
When payment made is below 5 lakh
When payment made exceeds 5 lakh
When the payment made is not chargeable to tax under IT Act
The information in Form No. 15CA shall be furnished,—
An income-tax authority may require the authorized dealer to furnish the signed printout of Form No.15CA referred to in clause (ii) of sub-rule (4) for the purposes of any proceedings under the Act. The certificate in Form No. 15CB shall be furnished and verified electronically in accordance with the procedures, formats and standards specified by the Principal Director-General of Income-tax (Systems) under sub-rule (8).
The authorized dealer shall furnish a quarterly statement for each quarter of the financial year in Form No.15CC to the Principal Director General of Income-tax (Systems) or the person authorized by the Principal Director General of Income-tax (Systems) electronically under digital signature within fifteen days from the end of the quarter of the financial year to which such statement relates in accordance with the procedures, formats and standards specified by the Principal Director General of Income-tax (Systems) under sub-rule (8). The Principal Director General of Income-tax (Systems) shall specify the procedures, formats and standards for the purposes of furnishing and verification of Form 15CA, Form 15CB and Form 15CC and shall be responsible for the day-to-day administration in relation to the furnishing and verification of information, certificate and quarterly statement in accordance with the provisions of sub-rules (4), (6) and (7). Explanation.— For the purposes of this rule 'authorized dealer' means a person authorized as an authorized dealer under sub-section (1) of section 10 of the Foreign Exchange Management Act, 1999 (42 of 1999).]
The furnishing of information for payment to Non-Residents not being a Company, or to a Foreign Company in Form 15CA has been classified into 4 parts. Depending upon the case, you will need to fill the relevant part.
As per Rule 37BB, any person responsible for paying to a Non-Resident, not being a Company, or to a Foreign Company shall furnish such information in Form 15CA.
No, it is not mandatory to submit Form 15CB. Form 15CB is an event-based form to be filled only when the remittance amount exceeds 5 lakh during a financial year and you are required to furnish a certificate from an accountant defined as per Section 288.
No, there is no option to withdraw Form 15CA. This option is exercisable only within 7 days of the submission of the form before payment.
In accordance with sub-rule (3) of Rule 37BB, information in Form 15CA is not required to be furnished in case of following transactions:
This form can be e-Verified using DSC or EVC. You need to e-Verify using DSC if DSC is registered. Refer to the How to e-Verify user manual to understand the step-by-step process for e-Verification.
This form can be filed in both online and offline modes. The Offline Utility service enables you to file Form 15CA in the offline mode. No time limit is prescribed for filing this form. However, it should be filed before the remittance is made.
If an assessee who is required to file Form 15CA 15CB fails to furnish the same before making remittance to a non resident, then he has shall be liable to penalty provisions under section 271I of the Income Tax Act, 1961. Such penal provision shall be attracted even if the person furnished inaccurate information. The amount of penalty which the assessing officer may ask the assessee to pay for Non compliance is 1 lakhs.
As per RBI Instructions, foreign payments cannot be processed without 15CA 15CB.
With effect from 1 April 2016, changes are brought in by Finance ministry to exempt 15CA for non taxable services.
Documents Required for 15CA and 15CB
A person making the remittance (a payment) to a Non Resident or a Foreign Company has to submit the form 15CA to the bank and a Certificate from Chartered Accountant in form 15CB is required after uploading the form 15CA online in some cases where TDS is required to be deducted.