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.

Section 195(6) 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”) prescribed 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 rule is applicable 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—

A person making a payment to a Non Resident or a Foreign Company has to submit Form 15CA. Depending on amount and taxability of payment, specific parts of Form 15CA need to be filled:

Part Description
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)
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, does not exceed 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.
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
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)

Registration process for Filing Form 15CB Pre-requisite

In order to file Form 15CB, Taxpayer must Add CA. To add CA, please follow the below steps.

Step 1 – Login to e-Filing Portal, Navigate to “My Account -> Add CA”.

Step 2 – Enter the Membership Number of the CA.

Step 3 – Select 15CB as Form Name and Click Submit.

Once the taxpayer adds the CA, the CA can file Form 15CB in behalf of the Taxpayer. In order to file Form 15CB, Chartered Accountant must follow the below steps.

Step 1 – User should be registered as “Chartered Accountant” in e-Filing. If not already registered, user should click the link Register Yourself in the homepage.

Step 2 – Select “Chartered Accountants” under Tax Professional and click Continue.

Step 3 – Enter the mandatory details and complete the registration process.

Filing process of Form 15CB

Step 1 – Download FORM 15CB utility from Downloads page and prepare the XML File.

Step 2 – Login to e-Filing, Go to e-File  -> Upload Form, Enter PAN/TAN of assesse, PAN of CA, Select Form Name as 15CB, Select Filing Type as Original.

Step 3 – Upload the XML generated from the downloaded utility. Upload the signature file generated using DSC Management Utility for the XML.

Note: DSC is Mandatory to file Form 15CB.

Step 4 – On Successful Validation, Form 15CB is uploaded in e-Filing Portal. Success message is displayed.

Filing process of Form 15CA

Step 1 – Logon to ‘e-Filing’ Portal www.incometaxindiaefiling.gov.in

Step 2 – Go to the ‘e-File’ menu located at upper-left side of the page ⇒ Click ‘Prepare and Submit Online Form (Other than ITR)’

Step 3 – Select ‘Form 15CA’ from the dropdown list ⇒ Click Continue

Step 4 – Generate signature for the zip file using DSC Management Utility (available under Downloads) and upload the generated signature file.

Note – Upload of Form 15CB is mandatory prior to filling Part C of Form 15CA. To prefill the details in Part C of Form 15CA, the Acknowledgment number of e-Filed Form 15CB should be provided.

Step 5 – Fill in all the mandatory details and click “Submit”.

Step 6 – On successful submit, the user will be redirected to Success page.

Republished with Amendments

More Under Income Tax

63 Comments

  1. APP says:

    I am a foreign national working in India for last few years. I want to remit my post tax paid salary to my own foreign bank account (of my home country). What is the right mechanism for this? Is it LRS or is it using From 15 CA / 15CB?

  2. JAISON JACOB T says:

    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.

  3. CA Kiran Kakad says:

    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

  4. N Krishnamurthy says:

    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.

  5. Pradeep Sharma says:

    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

  6. Pradeep Sharma says:

    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.

  7. gajendran says:

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

  8. mehul chheda says:

    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

  9. Ramesh Singh says:

    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

  10. Sriganesh says:

    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

  11. narendra Tanna says:

    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

  12. naveen says:

    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

  13. NM says:

    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!

  14. Rahul says:

    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.

  15. Dev Chopra says:

    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

  16. Nitin says:

    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.

  17. ankit says:

    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

  18. H.RASID says:

    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 ?

  19. jignesh says:

    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

  20. jayasri says:

    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

  21. vandana shinde says:

    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

  22. anubhav says:

    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.?

  23. Harish says:

    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

  24. MEENAXI says:

    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

  25. AMIT SURANA says:

    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?

  26. Janardan Pandya says:

    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

  27. Janardan Pandya says:

    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 ?

  28. Amit Bhatia says:

    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

  29. ca K H Mahajan says:

    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

  30. Varun Gupta says:

    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

  31. Soorya kumar says:

    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.

  32. VINOTH KUMAR .K says:

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

  33. Tejashwini says:

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

    Regards,

    Tejashwini

  34. NARESH KR JAIN says:

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

  35. Krishna Nand Chaubey says:

    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.

  36. S. N.S. Anil Kumar says:

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

  37. CYRUS says:

    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

  38. naresh says:

    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

  39. Mukesh says:

    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.

  40. Nancy says:

    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…

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