• Mar
  • 14
  • 2012

Form 15CA,15CB for remittance of payments to non-resident or foreign company

Article ID 4291 | Posted In Income Tax | , | 59 Comments » Print Friendly and PDF

Currently, remittances to non-residents are allowed by banks if the person making the remittance furnishes an undertaking, accompanied by a certificate from a Chartered Accountant (“CA”) certifying the rate for withholding tax as per section 195 of the Act. The banks then forward the certificates to the Reserve Bank of India (“RBI”), which in-turn forwards it to the Income tax department.

Finance Act, 2008 inserted a new sub section (6) to section 195 effective from April 1, 2008, which requires the person responsible for making payment to a non-resident to furnish information relating to such payments in forms to be prescribed. The Central Board of Direct Taxes (“CBDT”) has now, by notification No 30/2009 dated March 25, 2009, prescribed a new rule 37BB in the Income Tax Rules, 1962 (“the rules”) prescribing Form 15CA and Form 15CB to be filed in relation to remittances to non-residents under section 195(6) of the Income Tax Act, 1961 (“the Act”). This new rule is effective from July 1, 2009 and shall apply to all remittances being made after July 1, 2009. The process that will have to be followed, before any remittance can be made, is as under—

Step 1 : Obtain a certificate from a Chartered Accountant in Form No 15CB

Step 2:Furnish the information in Form No15CA

Step 3:Electronically upload Form 15CA on the designated website

Step 4:Take Print out of Form 15CA and file a signed copy

Step 5:Remit money to the Non Resident

Please note that all the above steps have to be undertaken before remittance of money to the non-resident.

Notification no. 30/2009 is as below:-

In exercise of the powers conferred by section 295 read with sub-section (6) of section 195 of the Income-tax Act, 1961, the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:-

1.    (1) These rules may be called the Income-tax (Seventh Amendment) Rules, 2009.

(2) They shall come into force with effect from 1st July, 2009.

2.    In the Income-tax Rules, 1962, after rule 37BA, the following rule shall be inserted, namely:-

“Furnishing of information under sub-section (6) of section 195.

37BB. (1) The information under sub-section (6) of section 195 shall be furnished by the person responsible for making the payment to a non-resident, not being a company, or to a foreign company, after obtaining a certificate from an accountant as defined in the Explanation to section 288 of the Income-tax Act, 1961.

(2) The information to be furnished under sub-section (6) of section 195 shall be in Form No. 15CA and shall be verified in the manner indicated therein and the certificate from an accountant referred to in sub-rule (1) shall be obtained in Form No. 15CB.

(3) The information in Form No. 15CA shall be furnished electronically to the website designated by the Income-tax Department and thereafter signed printout of the said form shall be submitted prior to remitting the payment.

(4) The Director-General of Income-tax (Systems) shall specify the procedures, formats and standards for ensuring secure capture, transmission of data and shall also be responsible for the day-to-day administration in relation to furnishing the information in the manner specified.

FORM NO. 15CA- Download

FORM NO. 15CB- Download


  • JAISON JACOB T

    Sir,

    For 15CA there is part A and part B. Please clarify the below queries on that.

    1. For part A, amount of remittance does not exceeds Rs 50000. Is it means Rs 50000 of payment to a particular non resident or Rs 50000 payment by the remitter.

    2. Also the aggregate amount does not exceeds Rs 250000. Is it means Rs 250000 of payment to a particular non resident or Rs 250000 payment by the remitter.

  • CA Kiran Kakad

    Respected Sir,

    I have following queries on the subject.I would be obliged if you throw light on the same-
    Whether 15CA is required to be uploaded to IT site? Is it before Crediting the amount to the NR in the books of accounts or after Crediting the same in the books of accounts but before actual payment of the same to him or after actual payment of the same to NR and before its repatriation to foreign destination by the NR from his own NRO A/c or NRE A/c in a situation when payment is made to NR in INR and the same got deposited by him in NRO or NRE A/c? The words used in R 37BB (2) are “………….prior to remitting the payment.”
    What the CA should write in the Form 15CB in the boxes B 1,10 and 12 which ask for information in foreign currency in a case where payment is made to NR in INR and the same is credited by the NR in his NRO/NRE a/c?
    Your response is eagerly awaited.

    CA Kiran L.Kakad
    Mumbai
    7738378851

  • N Krishnamurthy

    Dear Sir

    We are importing materials from outside India from Company and no individuals are involved. We pay advance of 20% against sales contract and balance 80% based on copy of Bill of Lading and other commercial documents. Both the payments are direct by swift. We received a circular from our bank to submit form 15AC and Form 15CB or A certificate from the AO u/s 197 of IT Rules or An order from AO u/ss (2) or ss (3) of s 195 of I T Rules for every payments. Are these mandatory for importing materials? Kindly advise.

  • Pradeep Sharma

    Dear Sir/Madam

    my client has to refund a booking amount of a tour booked by a non resident foreign national as per agreed terms. Is any tds liability arise as per section 195. 15CA & 15CB required? please reply.thanks

  • Pradeep Sharma

    Dear Sir/Madam

    my client has to refund a booking amount of a tour booked by a non resident foreign national as per agreed terms. Is any tds liability arise as per section 195. 15CA & 15CB required? please reply.

  • gajendran

    i have foreign remittance ( Raw Material & other then raw material )made at the time Form 15 Ca & Cb must to be file compulsary

  • GARIMA

    there is nothing we can do in case of any incorrect 15CA. its better to ignore the previous 15CA and to file a new 15CA.

  • Prakash

    Is form 15CB need to be submitted for payment through Credit Cards and Psy pal?

  • Rupali

    If i want to cancel wrong 15 ca from site then what is the procedure

  • mehul chheda

    Sir,
    Tax Authorities from Oct 2013 introduced mandatory submission of form 15CA and 15CB for forex remittances made for import of goods/services.
    When there is no interest portion is involved and banks make payment of invoice raised by foreign supplier, we do not see any reason for importers to submit the above two forms to banks. Do you think that improters are subjected to submission of these two forms /

    Your reply will certainly provide us a great deal of comfort.

    Regards
    Mehul

  • R Patel

    I require fillable form 15ca
    Thank you.

  • Ramesh Singh

    Sir,

    Tax Authorities from Oct 2013 introduced mandatory submission of form 15CA and 15CB for forex remittances made for import of goods/services.

    When there is no interest portion is involved and banks make payment of invoice raised by foreign supplier, we do not see any reason for importers to submit the above two forms to banks. Do you think that improters are subjected to submission of these two forms /

    Your reply will certainly provide us a great deal of comfort.

    Regards

  • vishal

    what is to be done if Form 15CA Wrongly submitted twice ? kindly please advice

  • AVINASH GORE

    For Repatriation whether CA Certificates is required

  • adigouda

    pls tell what is 15CA & 15CB form

  • Sriganesh

    I have uploaded the 15ca form and got an ackowledgement for the same but later realized that at one point i have made amistake and wrongly considered taxability of income tax section, how do i edit it as i cannot fill a new form again

  • narendra Tanna

    Pl inform that – foreign commission paid in $ / Euro – period from – 01-04-2010 to 31-03-2011
    Commission agent – Business office Not in india – say citizen of brazil , dubai , usa et…. TDS to be deducted or not required to deduct TDS . if TDS Deduction @ what % & if not require to deduct TDS what evidence require

  • naveen

    dear sir
    We had filled wrong 15 CA without filling 15 CB . is there is any liability to us. But we had deposited the TDS . please advise us if there is any penalty or fine on this matter

  • naveen

    Dear sir
    If we filed wrong 15 CA .then is there is any procedure to correct it with our filling 15 CB

  • Girish Jani

    What shall I do if I have to remit aud2000 for living exp to my son studying at Australia. Urgent pl.

  • NM

    Couple of questions:

    1. How can my supplier claim for the TDS deducted in India if s/he lives in foreign country?

    2. In my business, we are required to make part payments at times. In such cases, would I need to follow the TDS procedure along with 15CA/15CB for each part payment? If so, then that would be unfair, wouldn’t it as you end up deducting more than once and therefore, more than needed?

    3. Most suppliers don’t quite care about TDS that we are to deduct here and want the full amount. But the government wants us to deduct TDS. So in effect, we end up paying taxes on their behalf and paying the supplier in full. Can we claim refund of this TDS that we’ve paid or is it taken for granted that its government money after that?

    4. What is the TDS tax slab that needs to be deducted and who decides?

    5. After what amount is this TDS and 15CA/15CB valid and required? Do I have to do this for paying someone $100 also?

    Need answers asap as I need to make payments and these rules are actually resulting in eating away all my profits.

    Thanks!

  • Rahul

    Hi All !

    I have one querry. If i made a payment to local party against EEFC invoice through EEFC A/c. Its required the 15CA & 15CB form…?

    We deal with various shipping lines.

  • Dev Chopra

    I am wondering what advice you gave on the following question to Mr. Varun Gupta on July 2010.

    There is a big flaw on the online for as on 03 July 2012. Or maybe we have not been able to understand it properly.
    In part 2 of the bank, there is a field that states – “Name of the bank *”, which is a required field, and the user has to select from a droplist. The list has a couple of options. What if the user has to transfer to a bank that is not there in this list. There is no Others option. Let’s say the user wants to transfer to Intesa Sanpaolo. There is no option. There are hundreds of big banks which are not there in this dropdown. Does this mean that an Indian resident cannot transfer to a business or individual who has an account in the banks which are not listed in this droplist?

    Best wishes,
    Varun Gupta

  • Nitin

    Hi,

    Can you please tell if forms 15CA, 15CB would be required to pay about 36000 dollars for a year to a university abroad via Demand Draft or Telegraphic Transfer. Please reply immediately.

    Thanks.

  • Usha

    Is Form 15CB if we buy a train ticket and air ticket in foreign currency

  • ankit

    IF i have to make Interest payment for buyer credit on two different dates then i have to take two different certificate or one certificate is enough

  • SUMEET

    I WANT TO KNOW CAN PART PAYMENT BE DONE ??? RPLY ASAP ITS URGNT AND IF YES THN HOW MUCH TDS TO BE DEDUCTED??? ON FULL OR ON HALF??

  • H.RASID

    son is a NRI who sold a flat under STG and paid adv tax.NRO A/C TO CONVERTED AS NRE A/C.who will sign Form 15ca or who will trat as REMITTER AND REMITTANCE? Father have any right to sign on 15CA ?

  • jignesh

    sales proceeds of Immovable property, partially invested in capital gain tax bonds,now matured after three years.

    wether entire sales proceeds alongwith interest on matured capital gain tax bond can be remitted by NRI.

    There is no TDS provision applicable, how proceeds for 15ca & 15cb

  • jayasri

    If a deposit is kept in nro account for one year and on maturity renewed for further two years and at the end of three years, the depositor want to transfer the funds abroad, what details are to be given in 15ca and 15cb.Interest only for the last deposit, or interest for the previous one also?
    and also, what r the dates to given in the form as date of tas deduction?
    please clarify. thanks

  • vandana shinde

    I have uploaded the 15ca form and got an ackowledgement for the same but later realized that at one point i have made amistake and wrongly added a zero to one of the figures how do i edit it as i cannot fill a new form again

  • anubhav

    what are the consequences if anyone has not files either of two forms 15CA &15CB.?
    AND as an auditor what are the rbi circular’s & fedai rules to be gone through in regard to remittances outside india and remittances in india.?

  • Harish

    Can someone tell me the step by step procedure to transfer funds from indian NRO account to NRE account? I understand as per recent RBI decision this convention is possible. Anyone’s assistance will be highly appreciated. 
    Harish

  • MEENAXI

    I have uploaded the 15ca form and got an ackowledgement for the same but later realized that at one point i have made amistake and wrongly added a BANK DETAIL how do i edit it as i cannot fill a new form again

  • AMIT SURANA

    The clause say CA certificate is required for such remittance to Foreigner.

    But how can CA verify that the beneficiary of the remittance is really a Non Residence, and they doesnt have any office / branch in India or has PAN number in India.

    Is there a process to verify it or CA just need to give the certificate to its client just because he is our client.?

    Doesnt it involve responsibility to CA? or is this just a matter of formalities?

  • Sujit Jha

    Is Chartered accountant Stamp is compulsory in 15 CB certificate

  • asha damor

    dear sir,
    hello thanks because i get form 15ca 15cb.

  • Abhishek Kala

    Dear sir,

    As a auditor what should I check in foreign exchange in bank audit

  • Janardan Pandya

    If Form 15CA/15CB reqd for family remittances whether TDS applicable ? What’s rate ? What’s procedire for Refund as Income is below Taxable limit
    PAN is oK for TDS agst having NO TAN Pl clarify all confusing situations

  • Janardan Pandya

    Whether F 15CA/15CB reqd for remittances made from NRO/NRE bank a/c to :
    1 To original a/c holder i.e to him/herself for maintenance in abroad say Canada/Uk ?
    2 To spouse/children/parents residing abroad say Canada/USA/UK ?

  • Amit Bhatia

    Dear greeting’s,
    any payment made out of india requires Certificate from CA’s or there are list of payment to whom certificate is required ..?
    like if “Mr.X” pays out of india as Fees for his Child whether MR. X also requires Certificate from CA?
    please reply at your earliest ,
    thanks,
    AMIt Bhatia

  • ca K H Mahajan

    Sir, should I hv to file 15CA & 15 CB , for remitting money approx Pound 4000 to my son in
    U.K. The money which I will be remitting is his own money of PPF a/c in India, which is now
    maturing. The PPF a/c was opened by him when he was in India,i.e. before 1995, when he was
    medical college student. Thanks . pl guide. Ca K H Mahajan Mobile 9669910648

  • Varun Gupta

    There is a big flaw on the online for as on 03 July 2012. Or maybe we have not been able to understand it properly. 
    In part 2 of the bank, there is a field that states – “Name of the bank *”, which is a required field, and the user has to select from a droplist. The list has a couple of options. What if the user has to transfer to a bank that is not there in this list. There is no Others option. Let’s say the user wants to transfer to Intesa Sanpaolo. There is no option. There are hundreds of big banks which are not there in this dropdown. Does this mean that an Indian resident cannot transfer to a business or individual who has an account in the banks which are not listed in this droplist? 

    Best wishes,
    Varun Gupta

  • Soorya kumar

    I have filed form 15CA and issued a certificate. But for certain reasons as per that particular bank`s rules the assessee was not allowed to transfer the same. As the assessee was in need of money abroad he wants to transfer the same from a different bank. So how do I cancel the certificate issued earlier.

  • VINOTH KUMAR .K

    I want more information on the concept of Foreign remittance made to foreign companies – the TDS applicability and the DTAA  give to explain 

  • Tejashwini

    I want more information on the concept of Foreign remittance made to foreign companies – the TDS applicability and the DTAA.

    Regards,

    Tejashwini

  • NARESH KR JAIN

    Whether the Central govt. departments are also liable to submit for 15cb and 15a for the  payment of foreign exchange outside India.

  • Krishna Nand Chaubey

    I am very surprise that still the definition of “Accountant” section 288 of Income Tax Act 1961’ recognising only Chartered Accountant. Currently the standing committee of finance suggested to wide definition of “Accountant” and that will be good signal for professional and business community.

  • JAYENDRAKUMAR

    Form 15CA, 15CB…Any new provision in the current Budget 2012-13?

  • JAYENDRAKUMAR

    Is there any new provision in the current budget for the Form 15CB by a CA?

  • amish

    I wanted to know how to upoad forms 15ca & 15cb.

  • S. N.S. Anil Kumar

    After Obtaining 15CB certificate and filing 15CA online, with in howmany days the actual remittance is to be made to the non-resident ?

  • CYRUS

    I have uploaded the 15ca form and got an ackowledgement for the same but later realized that at one point i have made amistake and wrongly added a zero to one of the figures how do i edit it as i cannot fill a new form again

  • naresh

    I am working in pvt .ltd company. I want to make payment to malaysia. Since two weeks I trying to get Form no. 15CA on internet. But acknowledgement is not generating plz help me

  • Mukesh

    If an individual make payment to NRi against purchase of their immovable property. should he deducte tds & deposit the same with concern authority. But how can it is possible if the person who is buying propety have no Tan No.

  • Mohammed Ariff Billa

    I wanted to know how to upoad forms 15ca & 15cb…………..but could not know.

  • priyanka

    pls tell what is 15CA & 15CB form

  • paresh s

    I want excel base utility to upload bulk 15ca as per format given by nsdl

  • Nancy

    My company has supported a transaction between two foreign parties as a liasoner. Actually, we had arranged sale to one of them from other. We are going to give expenses bill to that party as liasoning expnse.

    1. Wherher the service here can be said to done in india?

    2. Is service tax to be charged on such bill?

    3. I have heard that” the term “Liasoning” is not covered under service tax ? is it trur

    Please if any one has idea …can reply me and plz give the relevant section also…