According to Section 195 of the Income Tax Act, when an assessee or remitter makes a taxable payment to a non-resident, it is taxable in the hands of the non-resident. Furthermore, if such payments do take place, the Income Tax Department requires assessees to file Form 15CA and 15CB.
These two forms play the role of informing the authorities whether the tax is paid or not. Given the importance of these forms, it is vital that one learns how to file Form 15CA & 15CB correctly. Before diving into the filing process, let’s know the details regarding 15CA and 15CB.
As mentioned above, a non-resident is liable to pay taxes on payments made to them by a resident. However, it is the resident (assessee) who is liable to deduct taxes at source to make tax collection easier. Thus, to report to the authorities that the deduction of tax has taken place on time, remitters have to file Form 15CA.
The form acts as a declaration providing information on payments that are taxable in the hands of non-residents. It helps the Income Tax Department to track foreign remittances and taxes that are applicable.
On top of Form 15CA, one also needs to file Form 15CB, which is a type of certificate issued by a Chartered Accountant. It certifies that tax deduction is correct and complies with the Income Tax Act and Double Taxation Avoidance Agreement.
One can find the following information regarding Form 15CB:
Once remitters have gathered a basic understanding of Form 15CA and 15CB, they can follow these steps to file the forms:
Step 1: Visit the official e-filing income tax portal.
Step 2: Log in using your PAN details and password. New users need to register themselves and then log in.
Step 3: After logging in, click on the ‘e-file’ option on the top navigation bar. From the dropdown menu that appears, select ‘Prepare and Submit Online Form (Other than ITR)’.
Step 4: From the dropdown list under ‘Form Name’, select Form 15CA, and press continue.
Step 5: A new page appears on which you need to select the part of the form that applies to the remitter.
Step 6: Based on the part selected, one has to fill in the requisite details. Some of the common details required are name, address, contact information, remittance, and TDS information.
Step 7: If one does not want to submit the form at the moment, he/she can select ‘Save Draft’, and do so later. However, if the person is ready to complete the process, he/she can press ‘Submit.’
Step 8: Upon successful filing, a new page will appear with a ‘Success’ message.
Step 1: Before filing Form 15CB, a taxpayer needs to add a CA. To do so, they need to log into the e-filing portal and select ‘Add CA’ under ‘My Account’ tab.
Step 2: Enter the CA’s Membership Number and select 15CB as Form Name. Then, click ‘Submit.’
Step 3: After the successful addition of CA, the CA can now file Form 15CB on behalf of the taxpayer. However, the CA needs to be registered as a ‘Chartered Accountant’ to complete e-filing.
Step 4: After this, to submit the .xml file, one needs to download Form 15CB from the ‘Downloads’ page.
Step 5: Select ‘Upload Form’ under the ‘e-file’ option on the main page. Next, enter the assessee’s and CA’s PAN and select the form name as ‘15CB’ and filing type as ‘Original.’
Step 6: Upload the .xml file after generating it using the Utility.
Step 7: Next, upload the Digital Signature File by downloading the DSC Management Utility.
Step 8: Lastly, to complete the submission, click on ‘Submit.’
Apart from a few specific cases, a remitter needs to submit these forms, or a part of them, under the following circumstances:
As per Rule 37BB of Income Tax Rules, there are at least 28 types of foreign remittances for which one does not need to file Form 15CA and 15CB. Some of the common cases are:
As mentioned above in the applicability of Form 15CA and 15CB, a remitter needs to file only parts of the former under certain circumstances. The four parts of Form 15CA are as follows:
When one is issuing Form 15CB, he/she needs to furnish the following documents:
In a financial year, many Indian taxpayers make payments to individuals who are non-residents. However, several taxpayers are unaware that they have to deduct taxes before making most of these payments. As per Rule 37BB of Income Tax Rules, certain foreign remittances are chargeable to tax.
Furthermore, assessees or remitters also have to file Form 15CA & 15CB to validate their tax deductions, and a failure to do so can lead to a hefty penalty. Thus, it is crucial that one learns how to file Form 15CA & 15CB using the steps mentioned above.
Ans: Yes, you can withdraw this form by selecting ‘Withdraw Form 15CA’ under the Status column on the ‘View’ page. However, the option of withdrawal is only available for up to seven days after filing this form.
Ans: Unfortunately, there are no provisions to revise or make amendments to an already filed Form 15CA. Thus, if you need to make corrections, you need to submit a new form following the same steps. The department will consider the latest form only.
Ans: No, it is not mandatory to file Form 15CB. You only need to file this form if the foreign remittance is above Rs. 5 lakh in a financial year, and you require an accountant certificate as mentioned in Section 288.
Ans: If assessees, who need to file Form 15CA & 15CB, fail to do so, they will face a penalty. The penalty provisions under Section 271I of the Income Tax Act state that an Assessing Officer can ask a defaulter to pay a penalty fee of Rs. 1 lakh.
Ans: If you have many forms to file in one go, you can file Form 15CB in bulk. Follow the general filing process and select the filing type and submission mode as ‘Offline/Bulk.’ After this, you can file more than one Form 15CB.
This article is solely for educational purposes. Navi doesn't take any responsibility for the information or claims made in the blog.
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