The income of NRIs can be taxable, but how will the tax department keep a track on payments made abroad? Form 15CA & 15CB is the answer! It is mandatory for anyone to file these forms before remitting payments abroad, if certain conditions prevail.
Form 15CA is a Declaration of Remitter and is considered as a tool for collecting information in lieu of payments which are chargeable for tax in the hands of recipient non-resident of India.
Form 15CB is an alternate channel of obtaining Tax clearance, apart from Certificate from Assessing Officer. The chargeability is ascertained and certified by a Chartered Accountant.
Both Form 15CA and 15CB are to be filed online.
When you don’t need to file Form 15CA and 15CB
- When remittance does not require RBI approval under Liberalised Remittance Scheme
- Import below Rs 5,00,000/-
- List of payments specified (Click to know)
When you don’t need to file Form 15CB
- When remittance is not chargeable to tax
- Aggregate of remittances during the financial year does not exceed Rs 5,00,000
- Order/certificate of lower /no deduction is taken from the Jurisdictional Assessing Officer u/s 195(2), 195(3), 197 of the Income Tax Act,1961.
There are 4 parts of Form 15CA for different kinds of remittances:
Part A: Where the remittance is chargeable to tax under the provisions of the Income Tax Act, 1961 and the remittance or the aggregate of such remittances does not exceed Rs 5 lakh during the financial year.
Part B: Where the remittance is chargeable to tax under the provisions of the Income Tax Act, 1961 and the remittance or the aggregate of such remittances does not exceed Rs 5 lakh 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: Where the remittance is chargeable to tax under the provisions of the Income Tax Act, 1961 and the remittance or the aggregate of such remittances exceeds Rs 5 lakh during the financial year and a certificate in Form 15CB from a Chartered Accountant has been obtained.
Part D: Where 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).
Penalty for non filing of Forms 15CA & 15CB is Rs 1 Lakh for each default.
Filling Form 15CB: Information to be required from the client
- A. Details of Remitter
- Remitter’s Name
- Remitter’s Address
- Remitter’s PAN Number
- Principal Place of Business of the Remitter
- E-Mail Address and Phone No. Of Remitter
- Status of the Remitter (Firm/Company/Other)
- B. Details of Remittee
- Name and Status of the Remittee
- Remittee’s Address
- Nationality of the Remittee i.e. Place Where Remittance Is Made
- Business Portfolio of the Remittee
- Principal Place of the Remittance
- C. Details of the Remittance
- Country to Which Remittance Is Made
- Currency in Which Remittance Is Made
- Amount of Remittance in Indian Currency
- Proposed Date of Remittance
- Nature of Remittance as Per Agreement (Invoice Copy to Be Asked From Client)
- D Bank Details of the Remitter
- Name of Bank of the Remitter
- Name of Branch of the Bank
- BSR Code of the Bank
- E. Others
- Father’s Name of the Signing Person
- Designation Of The Signing Person