All about Form 15CA-Part-D-What? When? How?

Any foreign remittance made by any person (whether resident or non-resident) is hit by the provision of Sec. 195 of the Act. Sec. 195 casts withholding tax obligation on the payer to deduct tax at appropriate rate and deposit into Govt account before making payment to non-resident, if such payment is income liable to tax in India in hands of non-resident. On failure, payer would be consider as assesse in default. Whether every such payment, constitute income in hands of non-resident or not, in itself is vast area of litigation. However, in this article I would like to discuss requirement of Form 15CA particularity Part –D, which is most common Form issued by the consultants.

As per Rule 37BB, the person responsible for paying to a non-resident, not being a company, or to a foreign company, any sum chargeable under the provisions of the Act, shall furnish Form 15CA (which is self-attested certificate) which would accompany by 15CB (certificate issued by Chartered Accountant) , if needed.

Form 15CA contain four parts. Part-A, Part-B, Part –C and Part –D.

When to file Form -15CA-Part-D?

Before selecting which part is to be selected for Form -15CA, one needs to make sure, whether such income is taxable in India in hands of non-resident. If yes, then one is needed to file either Part-A or B or Part-C as per the circumstance of each case.

If no, that is if income of non-resident is NOT TAXABLE under the income tax by virtue the provision of Sec. 5 rws 9, then and only then, payer is required to file Form 15CA- Part –D for such payment. Here it is worth to note that; if such payment is taxable in India in India under the Act but due to any treaty benefit, it becomes non-taxable then payer is required to choose either Part-A or B or C and NOT Part –D.

Before coming to such conclusion, payer is needed to extra cautious.  As afterwards, if is found that such payment is taxable receipt in hands of non-resident, then assesse would be considered as assessee being payer would be considered as assessee–in-default and may liable to penal consequences.

The most common foreign remittance where Form-15CA-Part-D is issued is Sales Commission paid by the Resident Assessee to Non-Resident agent outside India for procuring business outside India on their behalf. In such case, since such non-resident performs his services outside India, it is safe to say that; he does not have any “Business Connection” in India.

Consultant can ask for following documents from his client to check taxability of such payment. By no means is the list exhaustive. It solely depends on fact and circumstance of the each case.

• Contract/ Agreement with the Vendor
• Tax Residency Certificate of the country of which Vendor is resident
• Form -10F

The details required to file Form 15CA-Part –D are very basic such as name, address, PAN of remitter and receiver, the sum in Indian and Foreign Currency to be remitted and bank details of remitter. Sample  of Form 15CA is enclosed.

Both Form 15CA- CB are filed electronically using digital signature. However, nowadays banks are accepting manual forms due to ongoing glitches of New IT Portal.

I want to conclude by saying that: many times clients ask for Form 15CA –CB in hurry in order to make quick payment, but being consultant it is our responsibility to look thoroughly into each payment and issue required certificates as per the law.

Part A

(To be filled up if the remittance is chargeable to tax under the provisions of the Income- tax Act,1961 and the remittance or the aggregate of such remittances, as the case may be, does not exceed five lakh rupees during the financial year) 

VERIFICATION

I/We*, ________________________ (full name in block letters), son/daughter of                                     in the capacity of                                        (designation) solemnly declare that the information given above is true to the best of my knowledge and belief and no relevant information has been concealed. I/We* further undertake to submit the requisite documents for

enabling the income-tax authorities to determine the nature and amount of income of the recipient of the above remittance as well as documents required for determining my liability under the Income-tax Act as a person responsible for deduction of tax at source.

Place: ……………………

…………………………………….

Signature of the person responsible for paying to non-resident

……………………………………

Date: ………………

Name and Designation of the person responsible for paying to non-resident

* Delete whichever is not applicable.

1. Write 1 if company, write 2 if firm, write 3 if individual and write 4 if

2. In case of company, write 1 if domestic company, write 2 if foreign company, in case of person other than company, write 3 if resident, write 4 if non-resident

3. In case of non-availability of PAN, provisions of section206AA shall be applicable

4. If available 5.If available

Part B

(To be filled up if the remittance is chargeable to tax under the provisions of the Income- tax Act,1961 and the remittance or the aggregate of such remittances, as the case may be, exceeds five lakh rupees during the financial year and an order certificate u/s 195(2)/ 195(3)/ 197 of Income-tax Act has been obtained from the Assessing Officer.) 

VERIFICATION

I/We*,                                                (full     name     in     block     letters),     son/daughter     of in the capacity of                                                        (designation) solemnly declare that the information given above is true to the best of my knowledge and belief and no relevant information has been concealed. I/We* certify that a certificate/order under section 195(2)/195(3)/197 of the Income-tax Act, 1961 has been obtained, particulars of which are given in this Form. I/We* further undertake to submit the requisite documents for enabling the income- tax authorities to determine the nature and amount of income of the recipient of the above remittance as well as documents required for determining my liability under the Income-tax Act as a person responsible for deduction of tax at source.

Place: ……………………

…………………………………….

Signature of the person responsible for paying to non-resident

……………………………………

Date: ………………

Name and Designation of the person responsible for paying to non-resident

* Delete whichever is not applicable.

1 In case TAN is applied for, please furnish acknowledgement number of the application. 2 Write 1 if company, write 2 if firm, write 3 if individual and write 4 if others.

2 In case of company, write 1 if domestic company, write 2 if foreign company, in case of person other than company, write

3 if resident, write 4 if non-resident.

4 In case of non-availability of PAN, provisions of section206AA shall be

5 If available

6 If available.

Part C

(To be filled up if the remittance is chargeable to tax under the provisions of Income-tax Act, 1961 and the remittance or the aggregate of such remittances, as the case may be, exceeds five lakh rupees during the financial year and a certificate in Form No. 15CB from an accountant as defined in the Explanation below sub-section (2) of section 288 has been obtained)

–

____

____

VERIFICATION

 I/We*,                  (full name in block letters), son/daughter of                                in the capacity of                                (designation) solemnly declare that the information given above is true to the best of my/our* knowledge and belief and no relevant information has been concealed. I/We* certify that a certificate has been obtained from an accountant, particulars of which are given in this Form, certifying the amount, nature and correctness of deduction of tax at source. In case where it is found that the tax actually deductible on the amount of remittance has not been deducted or after deduction has not been paid or not paid in full, I/We* undertake to pay the amount of tax not deducted or not paid, as the case may be, along with interest due. I/We* shall also be subject to the provisions of penalty for the said default as per the provisions of the Income-tax Act, 1961. I/We* further undertake to submit the requisite documents for enabling the income-tax authorities to determine the nature and amount of income of the recipient of the above remittance as well as documents required for determining my/our liability under the Income-tax Act, 1961 as a person responsible for deduction of tax at source.

Place: ………………

………………………………….

Signature of the person responsible for paying to non-resident

…………………………………

Name and Designation of the person responsible for paying to non-resident

Date: …………

* Delete whichever is not applicable.

1In case TAN is applied for, please furnish acknowledgement number of the application. 2 Write 1 if company, write 2 if firm, write 3 if individual and write 4 if others.

3 In case of company, write 1 if domestic company, write 2 if foreign company, in case of person other than company, write 3 if resident, write 4 if non-resident.

4In case of non-availability of PAN, provisions of section 206AA shall be applicable. 5 Write 1 if company, write 2 if firm, write 3 if individual and write 4 if others.

6Accountant shall have the meaning as defined in Explanation below sub-section (2) of section 288 of the Income- tax Act, 1961.

7Please fill the serial number as mentioned in the certificate of the accountant.

Part D

[To be filled up if the remittance is not chargeable to tax under the provisions of the Income-tax Act, 1961 {other than payments referred to in rule 37BB(3)} by the person referred to in rule 37BB(2)] 

2. I certify that I have reason to believe that the remittance as above is not chargeable under the provision of Income-tax Act 1961 and is not liable for deduction of tax at source.

VERIFICATION

I/We*,                       (full name in block letters), son/daughter of                                    in the capacity of                                    (designation) solemnly declare that the information given above is true to the best of my/our* knowledge and belief and no relevant information has been concealed. In a case where it is found that the tax actually deductible on the amount of remittance has not been deducted or after deduction has not been paid or not paid in full, I/We* undertake to pay the amount of tax not deducted or not paid, as the case may be, along with interest due. I/We* shall also be subject to the provisions of penalty for the said default as per the provisions of the Income-tax Act, 1961. I/We* further undertake to submit the requisite documents for enabling the income-tax authorities to determine the nature and amount of income of the recipient of the above remittance as well as documents required for determining my/our* liability under the Income-tax Act as a person responsible for deduction of tax at source.

…………………………………………….

Signature of the person responsible for paying to non-resident

Place: ………………

………………..………………………………

Name and Designation of the person responsible for paying to non- resident

Date: ………………

* Delete whichever is not applicable.

1 Write 1 if company, write 2 if firm, write 3 if individual and write 4 if

2 In case of company, write 1 if domestic company, write 2 if foreign company, in case of person other than company, write 3 if resident, write 4 if non-resident.

3 If

4 If