Form 15ca And 15cb Of Income Tax
Form 15ca And 15cb Of Income Tax
According to Section 195 of the Income Tax Act, 1961, an individual who wants to pay or remit money to a non-resident is required to collect Tax Deducted at Source (TDS) if the transaction is subject to taxation in India.
Furthermore, submission of Form 15CA and Form 15CB is essential to comply with the income tax regulations. Both forms help Indian tax authorities assess the taxability of the payments in the hands of the non-resident receiver. However, the filing of forms 15CA and 15CB may seem daunting.
This article discusses Form 15CA and 15CB and the procedure to file them in detail to ensure hassle-free compliance and submission. So, let’s get started!
What is Form 15CA?
Form 15CA is a declaration form that needs to be submitted when a resident makes a payment to a non-resident. It is a means of furnishing information about payments that are taxable in the hands of the recipient.
Banks and authorised dealers ensure that Form 15CA is submitted before moving ahead with the remittance. It helps to know whether tax has been deducted from the payment made to the non-resident or not. Individuals can submit the form online. In certain scenarios, form 15CA must be submitted along with form 15CB.
Parts of Form 15CA
Form 15CA consists of distinct parts that must be filled based on different scenarios:
Part A: This part must be completed for taxable remittances up to ₹5 lakh in a given financial year.
Part B: You are required to fill out this part when the remittance exceeds ₹5 lakh and a certificate under Section 195(3)/195(2)/197 of the Income Tax Act is acquired from the Assessing Officer (AO).
Part C: Form 15CA Part C applicability is when the taxable remittance exceeds ₹5 lakh in a financial year and no special income tax certificate is obtained. You also need to submit form 15CB acquired from a CA.
Part D: Part D is to be filled when the remittance amount is not subject to taxation as per the tax laws.
What is Form 15CB?
Form 15CB is a certification from a Chartered Accountant (CA) that states that the taxes are paid properly. It needs to be uploaded with form 15CA when the total remittance exceeds ₹5 lakh in a financial year.
The CA states the payment details, the rate of TDS, the purpose of remittance, etc. The form ensures that TDS from the payment to a non-resident complies with the provisions of the Income Tax Act and the Double Taxation Avoidance Agreement.
Form 15CA and 15CB Applicability
Form 15CA is applicable when a payment is being made to a non-resident individual or entity regardless of the taxability of the remittance. On the other hand, form 15CB is applicable when the remittance is taxable and exceeds ₹5 lakh in a financial year.
Useful Link: Form 15CA and !5 CB download
Information and Documents Required for Form 15CA and Form 15CB
Here is the information and the list of documents needed to fulfil Form 15CA and 15CB requirement:
Remitter’s Details
Name
Address
Permanent Account Number
Primary business location
Email address and contact number
Digital signature
Bank details like bank’s name, branch and BSR code
Status
Recipient’s Details
Status and name
Country
Address
Primary business location
Details of Remittance
Currency in which remittance is done
Country to where remittance is made
Amount of remittance in Indian national rupees
Proposed date of the remittance
Nature of the remittance as per the agreement
Other Documents
Form 10F filled by the person authorised by the remittee
Tax residency certificate from the recipient
Certificate that the recipient does not have a permanent establishment in India
Process of Filing Form 15CA and Form 15CB?
Now that you know the purpose and applicability of form 15CA and 15CB, let us understand the process of filling out the forms in detail.
Form 15CA
Here’s a step-by-step guide to e-file form 15CA:
Step 1: Visit the Income Tax Department's official website or e-filing portal
Step 2: Click on the “E-File” tab and then choose “Income Tax Returns”. Now click the “File Income Tax Forms” option.
Step 3: Click “Others” on the new page and choose Form 15CA from the dropdown menu
Step 4: Click “Let’s get started” on the instructions page
Step 5: Now under the “Information for payment to non-resident” section, enter the filing type (Original/Revised), select the financial year and hit “Continue”
Step 6: Now choose the applicable part from A, B, C or D
Part A requires details of the remitter (sender of funds), recipient (receiver of funds) and remittance details. Form 15CB is not required for Part A. Once relevant details are provided, complete the verification process.
Part B requires details of the remitter, recipient, remittance and details of the AO order. Again, form 15CB is not required here.
Part C requires details of the remitter, recipient and the remittance along with the details of the Chartered Accountant. You then need to click “Assign to CA” and then “Yes” to confirm. You can check if Form 15CB has been uploaded by the CA by clicking “Pending Actions”.
You can either "Accept” or “Reject” form 15CA. After accepting, complete e-verification with a Digital Signature Certificate (DSC) or Electronic Verification Code (EVC)
Part D requires details of the remitter, remittance and the recipient. Click “Preview” to e-verify. Also, verify the details of the individual submitting Form 15CA and complete e-verification with a DSC. Remember to note the acknowledgement number and the transaction ID shown on the screen.
Form 15CB
The CA has to complete form 15CB. Here’s the step-by-step guide on how to fill out Form 15CB:
Step 1: Add the Chartered Accountant through the procedure explained in Form 15CA.
Step 2: Once the CA is added as an authorised partner, the remaining steps will be handled by the CA.
Step 3: The next step is to download the “Form 15CB Utility .xml file”. It can then be prepared offline.
Step 4: Choose the “e-file” option and then click “Upload Form” and furnish details like the PAN of the assessee, PAN of the CA, form name-15CB and filing type-Original.
Step 5: Upload the .xml file using the Utility and digital signature to complete the submission. Now click “Submit.”
Step 6: Once the CA successfully submits form 15CB, the form’s status can be viewed by logging in and selecting the “For Your Information” and “Worklist” tab.
Wrapping Up
Complying with the income tax laws is vital to aid in the country's economic development and also avoid penalties. If you are making a payment to a non-resident, you must understand the intricacies of Form 15CA and 15CB for foreign remittance. These two forms ensure that tax is deducted as per Section 195 of the Income Tax Act.
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What happens if I do not comply with the Form 15CA and 15CB?
What happens if I do not comply with the Form 15CA and 15CB?
In case you incorrectly file or do not file forms 15CA and 15CB, you are liable to pay ₹1 lakh as a penalty under Section 271-I of the Income Tax Act. You can withdraw the form 15CA before payment within 7 days of submission.
When is form 15CB used?
Form 15CB is used when the remittance is taxable and exceeds ₹5 lakh in a financial year where the Assessing Officer's approval is not obtained. In this scenario, a CA is required to provide form 15CB for the assessee.
Is filing of form 15CB mandatory before filing of form 15CA (Part C)?
Yes, filing of form 15CB is mandatory before filing of form 15CA (Part C) since Part C of form 15CA needs details of form 15CB.
Is it mandatory to fill out form 15CB?
No, it is not mandatory to fill out form 15CB. It depends on the scenario and the remittance amount. Form 15CB must be filled out only when the remittance exceeds ₹5 lakh in a financial year and where the Assessing Officer's approval is not obtained. A CA has to furnish the form for the assessee.