What forms 15CA and 15CB are all about?

If you are a law-abiding tax paying citizen, you may want to know what form 15CA and CB is. Form 15CA, in relation to tax remittances, is a declaration of remittance and is a tool for collecting information concerning payments in respect of incomes chargeable to tax in the hands of non-resident recipients. The declaration of form 15CA is an effective Information Processing System that is utilized by the Income Tax Department to track foreign remittances and determine the nature of tax liability.

Form 15CB is a type of certification where a CA certifies the details of the payment, TDS rate, TDS deduction and other details of nature and purpose of remittance.

Further, while filing form 15CA, the details of form 15CB are also required. However, there are few exemptions as per rule 37BB of income tax rules where the submission of form 15CB is not required.

 

Applicability of form 15CA and CB

The applicability of 15CA and CB is mentioned below.

Form 15CA is a declaration made by a person who intends to make remittance:

  • To a foreign company or a non-resident.
  • By a remitter who can be a foreign company/ domestic company/ resident/non-resident.
  • If the amount of remittance is chargeable to tax

 

Form 15CB is required to be filed by a CA when:

  • Remittance is made to a foreign company or a non-resident and is taxable
  • The payment exceeds 5 lakhs.
  • A certificate for No deduction or any such order has not been received from the Assessing Officer.

 

Guidelines to the filing process

Based on the feedback provided by diverse experts and corporations across India, the Income Tax Department has re-engineered both the forms that clarify the preparation, submission, assignment and verification process of the complete filing cycle. If you are curious about the 15CA-CB filing process, the following pointers might be helpful.

By now, if you know a bit about the forms, you may further want to know how to file form 15CA-CB. As per the revised rule in 37BB, it is the duty of banks and authorized dealers to furnish form 15CA received from the remitter to the income tax authority to comply with the provisions of Income Tax Act.

Consequently, the Income Tax Department has created an online facility to file your information. Therefore, form 15CA can be filed online. After that, you need to print out the proof of the online submission. This copy is to be given to the bank. This copy is a proof of tax clearance from the Income Tax Department.

 

(a) Form 15CA filing process

Step1- Visit the official Income Tax e-filing portal and log in using your valid credentials.

Step2- Select a file from the menu and click on Income Tax forms.

Step3- In the drop-down list named ‘Form Name’, select form 15CA.

Step4- From the ‘Select a relevant part from drop option’, and select the required section.

Step5- Fill in the selected part of the form and click on the ‘submit button.

Step6- Fill the verification section of the respective parts of form 15CA.

Note: You have to upload form 15CB before filling part C of form 15CA as you require the acknowledgement number of form 15CB. If the procedure seems complex, you can hire a 15CA CB filing expert to ensure there are no errors in the filing procedure.

 

(b) Form 15CB filing process

Since a Chartered Accountant must file form 15CB, one can do so by following the below-mentioned process.

Step1- Visit the official Income Tax e-filing portal and hit the downloads tab.

Step2- The CA now needs to complete the ‘add CA’ requisite under the ‘My Account’ tab.    

Step3- Enter the CA’s membership number and the Form number as 15CB.

Step4- After the CA is registered, download the Form 15CB Utility from the ‘Downloads’ page, because for successfully submitting Form 15CB, the .xml file needs to be uploaded.

Step5- Click on the e-file tab, and from the drop-down menu, select the ‘Upload Form’, to upload the .xml file that is prepared offline. 

Step6- After uploading the xml file, press the submit button.

Note: Once the submit button is pressed, a success notification will be sent to the CA, along with a confirmation email sent to their registered email ID. The CA needs a Digital Signature Certificate while filing Form 15CB.

 

Revision of rules for submitting form 15CA and CB

A taxpayer is required to maintain certain compliances when making payments outside India. Submission of forms 15CA and 15CB falls under one such compliance. However, since the Income Tax Department has revised the rules concerning the preparation and submission of both the forms, you may want to know when 15CA and CB are required.

  • The form 15CB is only required for payments made to non-residents if the payment is taxable and exceeds rupees 5 lakhs.
  • Part A of Form 15CA is required when payment is made below 5 lakh(whether taxable or not).
  • Part B, as well as part C of Form 15CA, are necessary when payment made exceeds 5 lakh.
  • Part D of Form 15CA is essential when the payment made is not chargeable to tax under IT Act.

 

Conclusion:

Filing of Forms 15CA-CB is important as they provide all the necessary declarations and information towards tax payment (if any) required by all banks before proceeding with repatriation. Compliance in matters of foreign remittances can get your pulse racing, which is why this guide is a humble attempt to ensure that the filing process is hassle-free. If the procedure seems complicated for you, you can consider hiring a consultant for 15CA-CB filing.

So, if you want to remit funds outside India and want assistance in filing Forms 15CA and 15CB, you can feel free to reach us at info@kalok.in

Frequently Asked Questions

Can Form 15CA be withdrawn?

No, Form 15CA, once filed, cannot be withdrawn.

This form can be filed both online and offline. The Offline Utility service enables you to file Form 15CA in offline mode. There is no time limit prescribed to file this form. However, it should be filed before remitting the funds.

The common details required to be filled in Form 15CA include:

  • Name of the remitter and remittee
  • Address details of the remitter and remittee
  • Contact information of the remitter and remittee
  • Residential status of the remitter
  • PAN of the remitter and remittee (if available)
  • Country to which remittance is made
  • Details of remittance
  • Details of TDS

Form 15CB is accessed and filed by a Chartered Accountant registered on the e-filing portal. The Chartered Accountant must be assigned Form 15CA by the assessee in order to be able to certify the details in Form 15CB.

Form 15CB can be e-verified using DSC only. The DSC of the CA must be registered on the e-filing portal. There is no time limit prescribed to file Form 15CB. However, it should be filed before the remittance is made.

The purpose of Form 15CA and CB is to track foreign remittances and determine the nature of tax liability for payments made to non-resident recipients.

Form 15CA and CB need to be filed by an individual or entity making a payment to a non-resident or foreign company.

As per rule 37BB, form 15CB is exempted for certain categories such as individuals for remittance up to Rs. 5lakh, and for specific types of transactions.

Form 15CB is required to be filed by a CA when the remittance exceeds INR 5 lakh and the remittance is taxable in India.

Yes, form 15CA can be filed online through the e-filing portal of the Income Tax Department.

Form 15CA and CB are required to be submitted before remitting payment to a non-resident or foreign company.

Form 15CB is required for foreign remittances exceeding Rs. 5 lakh in a single transaction or aggregate in a financial year.

Forms 15CA and 15CB are typically required for various types of payments, including:

  • Interest payment to a non-resident.
  • Royalty or technical service fees.
  • Dividends paid to a non-resident.
  • Capital gains or income from the sale of assets by a non-resident.
  • Any other payment subject to tax withholding as per the Income Tax Act.

The person making the remittance or payment is responsible for filing Form 15CA. However, Form 15CB, the certificate, is issued by a chartered accountant (CA) after conducting a thorough examination of the remittance and ensuring compliance with tax laws.

Yes, the Institute of Chartered Accountants of India (ICAI) has made it mandatory for chartered accountants to mention the UDIN on all reports and certificates issued by them. This includes Form 15CB as well. The UDIN serves as a unique identifier for the certificate and enhances transparency and authenticity.