Form 15CA & 15CB: Meaning, Rules & Filing Process

What is Form 15CA?

Form 15CA is an online declaration submitted by a person making a payment to a non-resident or a foreign company. It informs the Income Tax Department about the nature of the remittance and whether tax is applicable on the payment.

The primary purpose of the 15CA form is to help the tax authorities monitor foreign remittances and ensure compliance with tax deduction provisions under the Income Tax Act, 1961.

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Applicability of Form 15CA

Form 15CA is generally required when making a taxable payment or remittance to a non-resident or a foreign company.

It applies to:

• Taxable foreign remittances.
• Payments such as royalty, interest, dividends, and professional or technical fees.
• Transactions requiring the relevant part of Form 15CA, based on the remittance.

What is Form 15CB?

Form 15CB is a certificate issued by Chartered Accountants certifying the taxability of a foreign remittance. It confirms that the applicable tax provisions and tax treaty requirements have been considered before the payment is made.

Unlike Form 15CA, which is filed by the remitter, Form 15CB is prepared and certified by a Chartered Accountant in cases where it is required under the Income Tax Act.

Applicability of Form 15CB

Form 15CB is generally required when:

1. The remittance exceeds ₹5 lakh in a financial year.
2. The payment is taxable under the Income Tax Act.
3. No certificate has been obtained from the Assessing Officer.
4. A Chartered Accountant's certification is required before making the foreign remittance.

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List of payments where Form 15CA / 15CB is not required

Certain foreign remittances are exempt from filing Form 15CA and 15CB under the Income Tax rules. These exemptions generally apply to specified payments and eligible transactions.

Form 15CB is generally required when:

1. The remittance exceeds ₹5 lakh during a financial year.
2. The payment is taxable in India.
3. No certificate has been obtained from the Assessing Officer.

Form 15CB is generally not required:

1. When the remittance is not taxable in India.
2. When Part A of Form 15CA is applicable.
3. When an Assessing Officer's certificate has already been obtained.
4. For notified exempt remittances under Rule 37BB.

Examples of payments where Form 15CA and 15CB are generally not required include:

1. Business travel expenses.
2. Education expenses abroad.
3. Medical treatment overseas.
4. Pilgrimage travel.
5. Personal gifts and donations.
6. Family maintenance remittances.

Mandatory Information Required by a Client to File a Form 15CA and 15CB

Providing accurate details helps avoid delays during the remittance process.

Details of Remitter

The following details of the remitter are generally required:

• Full name
• Permanent Account Number (PAN)
• Residential or business address
• Email address and mobile number
• Residential status
• Nature of business, where applicable

Details of Remittee

Information about the overseas recipient includes:

• Name of the remittee
• Address
• Country of residence
• Tax residency details, where applicable
• Status of the recipient (individual, company, or organisation)

Details of the Remittance

The remittance details generally include:

• Purpose of the payment
• Nature of the remittance
• Amount to be remitted
• Currency of payment
• Proposed date of remittance
• Supporting agreement or invoice, if applicable

Bank Details of the Remitter

The following banking information is generally required:

• Name of the bank
• Branch details
• Bank account number
• BSR Code, where applicable

Documents from the Remittee

Depending on the transaction, the following documents may be required:

• Tax Residency Certificate (TRC)
• Form 10F
• Invoice or agreement
• Declaration regarding Permanent Establishment (PE), where applicable

How to e-file Form 15CA?

You can file Form 15CA online by following these steps: 

1. Log in to the Income Tax Filing portal.
2. Go to e-File and select File Income Tax Forms.
3. Search for and select Form 15CA.
4. Choose the relevant financial year and filing type.
5. Select the applicable part of the form (Part A, B, C, or D).
6. Enter the remitter, remittee, and remittance details.
7. Upload or link Form 15CB, if applicable.
8. Verify the information using a Digital Signature Certificate (DSC) or Electronic Verification Code  (EVC) and submit the 15CA form.
9. Save the acknowledgement for future reference.

How to e-file Form 15CB?

Since Form 15CB is certified by a Chartered Accountant, the filing process involves both the remitter and the CA.

1. Add the Chartered Accountant on the Income Tax e-Filing portal.
2. Authorise the CA to file Form 15CB.
3. The CA prepares and uploads the form after verifying the transaction details.
4. Review the uploaded form on the portal.
5. Accept the certificate and complete the verification, where required.
6. Use the acknowledgement details while filing Form 15CA, if applicable.

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