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
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
I require fillable form 15ca
Thank you.
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
what is to be done if Form 15CA Wrongly submitted twice ? kindly please advice
For Repatriation whether CA Certificates is required
pls tell what is 15CA & 15CB form
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
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
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
Dear sir
If we filed wrong 15 CA .then is there is any procedure to correct it with our filling 15 CB
What shall I do if I have to remit aud2000 for living exp to my son studying at Australia. Urgent pl.
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!
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.
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
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.
Is Form 15CB if we buy a train ticket and air ticket in foreign currency
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
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??
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 ?
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
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
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
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.?
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
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
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?
Is Chartered accountant Stamp is compulsory in 15 CB certificate
dear sir,
hello thanks because i get form 15ca 15cb.
Dear sir,
As a auditor what should I check in foreign exchange in bank audit
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
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 ?
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
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
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
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.
I want more information on the concept of Foreign remittance made to foreign companies – the TDS applicability and the DTAA give to explain
I want more information on the concept of Foreign remittance made to foreign companies – the TDS applicability and the DTAA.
Regards,
Tejashwini
Whether the Central govt. departments are also liable to submit for 15cb and 15a for the payment of foreign exchange outside India.
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.
Form 15CA, 15CB…Any new provision in the current Budget 2012-13?
Is there any new provision in the current budget for the Form 15CB by a CA?
I wanted to know how to upoad forms 15ca & 15cb.
After Obtaining 15CB certificate and filing 15CA online, with in howmany days the actual remittance is to be made to the non-resident ?
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
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
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.
I wanted to know how to upoad forms 15ca & 15cb…………..but could not know.
pls tell what is 15CA & 15CB form
I want excel base utility to upload bulk 15ca as per format given by nsdl
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…