Form 15CB is a certificate that needs to be provided by an Accountant when making payments of ₹5 lakh or more in a financial year to a Non-Resident, excluding foreign companies, without obtaining a certificate from the Assessing Officer under Section 195/197. The purpose of Form 15CB is to certify the payment details, TDS rate, TDS deduction, and other information related to the nature and purpose of the remittance. It is essentially a Tax Determination Certificate that examines the remittance in accordance with the applicable income tax laws and Double Taxation Avoidance Agreements (DTAA), if applicable.
Form 15CB can only be filled and submitted by a Chartered Accountant registered on the e-Filing portal. The taxpayer must assign Form 15CA to the CA to certify the details in Form 15CB. It is mandatory to upload Form 15CB before filling Part C of Form 15CA.
Form 15CB can be filed and submitted both online and offline. The offline utility for Statutory Forms allows for the offline filling and submission of Form 15CB.
Form 15CB should be e-Verified using a Digital Signature Certificate (DSC) registered on the e-Filing portal. There is no specific time limit for submitting Form 15CB, but it should be submitted before the remittance is made.
- In order to file and submit Form 15CB, the following requirements must be met:
- The Chartered Accountant (CA) should be registered as a Chartered Accountant on the e-Filing portal.
- The PAN status of the CA should be active.
- The CA must possess a valid Digital Signature Certificate (DSC) that has not expired.
- The taxpayer must assign Form 15CA Part-C to the CA.
It is essential to fulfill these conditions to successfully complete the filing and submission process of Form 15CB.
To file Income Tax Form 15CB, the following details are required:
Details of the Remitter:
- Remitter’s name
- Remitter’s address
- Principal place of business of the remitter
- Remitter’s PAN
- Remitter’s email address and phone number
- Remitter’s status (Firm/Company/Other)
Details of the Remittee:
- Remittee’s name and status
- Remittee’s address
- Principal place of business of the remittee
- Country to which the remittance is made
Details of the Remittance:
- Country to which the remittance is made
- Amount of remittance in Indian currency
- Currency in which the remittance is made
- Nature of the remittance as per the agreement (invoice copy to be obtained from the client)
- Proposed date of remittance
Bank details of the Remitter:
- Name of the bank of the remitter
- Name of the branch of the bank
- BSR Code of the bank
Other Details:
- Designation of the signing person
- Father’s name of the signing person
Documents required from the Remittee:
- A duly filled Income Tax Form 10F by the authorized individual of the remittee.
- Tax residency certificate from the proper remittee or tax registration of the country in which the remittee is registered.
- Certificate proving that the remittee does not have any permanent establishment within India. This is mandatory if the income is classified as business income and not chargeable to tax according to the Double Taxation Avoidance Agreement (DTAA) in the absence of a permanent establishment within India.
Note: The above documents and details are essential when any benefits under DTAA are availed, such as a lower rate of deduction of tax at source or no deduction of tax at source as per the DTAA.
The steps to follow while filing Income Tax Form 15CB on the official Income Tax Department website:
Step 1: Go to the official Income Tax Department website.
Step 2: Log in to your account using the appropriate login credentials. Step 3: Click on the “Downloads” tab in the top menu.
Step 4: Select the “Forms (Other than ITR)” tab and download the Excel or Java utility.
Step 5: Use the downloaded utility to prepare the XML file.
Step 6: Log in to your e-Filing portal account and click on the “e-File” tab. Choose “Upload Form” from the drop-down menu.
Step 7: Upload the following essential documents on the e-Filing portal:
- Income Tax Form 15CB
- PAN of the Assessee
- TAN of the Assessee
- PAN of the relevant Chartered Accountant
Step 8: On the same page, select the Filing Type as “Original” and the Form Name as “Form 15CB.” Click on the “Submit” icon once you have completed these steps successfully.
Step 9: You will receive a message indicating a successful upload, and an email will be sent to your registered Email ID.
Note: It is mandatory to have a Digital Signature Certificate (DSC) to file Income Tax Form 15CB.
Note: Uploading Form 15CB before filing Part C of Form 15CA is mandatory. You need to provide the acknowledgement number of the e-Filed Income Tax Form 15CB to prefill the details in Part C of Form 15CA.
Key deliverables when filing Income Tax Form 15CB:
- Filled and certified Form 15CB.
- XML File generated from the utility.
- Upload confirmation message.
- Email notification of successful submission.
- Acknowledgement number for prefilling Form 15CA.
These deliverables are important for completing the filing process accurately and meeting the requirements of the Income Tax Department.