Form 15CA & Form 15CB

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An overview

When a resident person makes a payment to any non-resident then he is required to deduct tax at the source before making the payment. This is because it is not possible to collect the tax from the non-resident at a later stage. Section 195 of the Income Tax Act, 1961 provides that every person liable to make a payment to non-residents shall deduct TDS from that amount if it is chargeable to Income tax. The details relating to that payment and TDS deducted need to be furnished in Form 15CA. In other words, Form 15CA & 15CB are the declarations to be furnished by the deductor or remitter that he has deducted the TDS.   

What is Form 15CA?  

As we mentioned above, Form 15CA is a declaration that is required to be made by the remitter that he has deducted the TDS. Form 15CA can be submitted either online or offline mode but before remitting the payment to the non-resident. This form is also a medium to collect all the information regarding the remittance. It also helps in keeping a track of all foreign remittances and their tax liabilities. 

What is Form 15CB?  

Form 15CB, on the other hand, is not exactly a declaration rather a certificate that is issued by a Chartered Accountant. The certificate under Form 15CB is required to be filed before uploading Form 15CA. This Form is to certify the  

  • Details and nature of payment 
  • Rate of TDS and 
  • Compliance of Section 195 of the Income Tax Act, 1961 

Applicability of Form 15CA & 15CB 

Form 15CA is applicable only when the remittance paid to the non-resident is taxable under the Income Tax Act. If the remittance paid is not taxable then there is no requirement to deduct TDS and similarly no need to declare Form 15CA. Section 195 clearly mentions that the person liable to make payment to that non-resident shall deduct TDS only if the remittance is chargeable to tax under the act. Further, it is necessary to ensure that the right part of Form 15CA is filled. Because, Form 15CA has been classified into four parts and apply to different individuals at different circumstances. This makes it crucial to select the correct part of the form, that applies to the remitter.   

Parts of Form 15CA  

Form 15CA is classified into four different parts. Those parts are defined as follows:  

  • Part A: This part is to be filled when the amount of remittance or aggregate of such remittance does not exceed rupees 5 lakh during the F.Y.  
  • Part B: This part is to be used when the amount of remittance or its aggregate exceeds rupees 5 Lakh during the F.Y. and an order or certificate has been obtained from the Assessing Officer u/s 195(2), 195(3), and 197.  
  • Part C: When the remittance or its aggregate exceeds rupees 5 lakh during the F.Y. and Form 15CB certificate has been obtained.  
  • Part D: this is when the remittance is not charged to tax under the Income Tax Act, 1961.  

How to file Form 15CA & Form 15CB online? 
To file Form 15CA online, the remitter is required to follow the following steps:  

Step 1: Visit the Income Tax website and login to the account with valid login credentials 

Step 2: Once logged in, go on to the e-file option and select “Income Tax Forms” from the drag-down menu. 

Step 3: Select Form 15CA in the Form name tab 

Step 4: Then select the part of Form 15CA that applies to the remitter  

Step 5: Fill in all the relevant details required in the form. Some common details include:  

  • Name of the remitter  
  • Address details of the remitter  
  • His contact information  
  • His residential status  
  • Name of the non-resident who receives the remittance 
  • PAN of the remitter 
  • Details of the remittance 
  • Details of TDS 

Step 6: After furnishing all the details click on submit to complete the form. And the process ends at successful submission of the form. 

Step 7: The remitter can view the form by clicking on the “View Form 15CA'' option from “My Account”   

Step 8: The assessee can also withdraw Form 15CA under "Status Column" option on the view page. This option is exercisable only within 7 days from the date of submission of the form.  

To file Form 15CB, the remitter can follow the following steps:  

Step 1: Log in to the user account on the income tax portal 

Step 2: Then select the “My Chartered Accountant” option from the “Authorised Partners” tab  

Step 3: Click on the “Add CA” Button and enter the membership number of the CA  

Step 4: Now we can assign form 15CB to the respective CA (an accountant who is required to furnish a certificate as defined u/s 288 of the IT Act, 1961). Once the form is assigned, the CA can file Form 15CB on behalf of the remitter.  

Step 5: Now, the CA can fill the form online. 

Step 6: Once the form is completely filled , the CA can verify the same using his digital signature certificate (DSC). 

Step 7: After verification, click on the “submit” option to complete the process. On successful submission an acknowledgement number will be generated and displayed on the screen. 

Step 8: The remitter should approve the form submitted by the CA in the “For Your Action” section under the “Worklist” option in the “Pending actions” tab 

Step 9: After approval the user can view the Form 15CB in the “For Your information” section under the “Worklist” option in the “Pending actions” tab and proceed with Form 15CA 

 

Frequently Asked Questions

Yes. Because the acknowledgement number of the e-verified Form 15CB must be verified to pre-fill the details in Form 15CA - Part C.

When the remittance made by the individual doesn't require prior approval of RBI and the remittance is of the nature specified by RBI.

Any person making remittance to a non-resident, not being a Company, or to a Foreign Company shall file Form 15CA furnishing the details of the remittance.

The assessee can e-verify his Form 15CA by using his registered DSC or EVC.

No, it is not mandatory to do so. Form 15CB is to be filed only when the remittance exceeds rupees 5 lakh during a F.Y.

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