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

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

  1. Sachin says:

    Dear taxguru

    Can you please confirm if there is anything like form 15CA,CB expiry within 30 days or so?

    Regards
    Sachin

  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. GARIMA says:

    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.

  9. Prakash says:

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

  10. Rupali says:

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

  11. 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

  12. R Patel says:

    I require fillable form 15ca
    Thank you.

  13. 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

  14. vishal says:

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

  15. AVINASH GORE says:

    For Repatriation whether CA Certificates is required

  16. adigouda says:

    pls tell what is 15CA & 15CB form

  17. 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

  18. 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

  19. 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

  20. naveen says:

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

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