Why Is It Important to Have CA While Setting Up a Company/Startup?

4 Apr,2022

Introduction

Form 15CA and 15CB are integral to the Indian taxation system, especially for NRIs, OCIs, PIOs, and expatriates involved in foreign remittance. These forms ensure compliance with tax regulations and help streamline transferring funds abroad. Governed by Section 195 of the Income Tax Act of 1961, these forms are vital in avoiding penalties and ensuring smooth transactions.

What is Form 15CA?

Form 15CA is a declaration made by the remitter for foreign remittances. It is used to report payments made to non-residents and ensure taxes are deducted at the source when required. This form is crucial for the Income Tax Department to monitor foreign remittances and their tax implications.

Key Points:

  • Filed by the person making the payment.
  • Includes details of the remitter, remittee, and payment type.
  • Mandatory for most foreign payments exceeding ?5 lakh in a financial year.

What is Form 15CB?

Form 15CB is a certification issued by a Chartered Accountant (CA). It certifies the remittance is in accordance with Income Tax regulations and the Double Taxation Avoidance Agreement (DTAA). This form ensures that the remittance complies with Indian tax laws.

Key Points:

  • A CA certification ensures proper tax compliance.
  • Certifies that TDS has been deducted, if applicable.
  • Required for remittances exceeding ?5 lakh in a financial year.

Applicability of Form 15CA and 15CB

Form 15CA and 15CB are applicable based on the following conditions:

When Required:

  • Payments exceeding ?5 lakh in a financial year.
  • Remittances that are taxable under Indian laws.

When Not Required:

  • Remittances not taxable under the Income Tax Act.
  • Payments falling under the exempt list as per the RBI.

List of Payments Where Form 15CA/15CB is Not Required

  • Personal remittances for expenses like travel or education.
  • Remittances covered under the specified exemption list.
  • Payments for imports that are not taxable under Indian law.

Mandatory Information Required to File Form 15CA and 15CB

For the Remitter:

  • Name, address, and PAN.
  • Bank details, including BSR code.
  • Status and purpose of remittance.

For the Remittee:

  • Name and address.
  • Country of residence.
  • Details of remittance amount and currency.

Procedure to File Form 15CA and 15CB Online

Log in to the Income Tax E-Filing Portal

Navigate to E-Filing Section

  • Go to "E-File" and select "Income Tax Forms." Choose Form 15CA or 15CB as applicable.

Upload CA Certification (For Form 15CB)

  • Attach the digitally signed Form 15CB from your CA.

Fill in the Required Details

  • Provide details about the remitter, remittee, and the purpose of remittance.

Submit and Verify

  • Submit the form and verify using an OTP or digital signature.

Why Choose ADCA for Filing Form 15CA and 15CB?

Anil D’Souza and Associates (ADCA) specialize in tax compliance and advisory services. Here's how ADCA can assist:

  • Expert Advisory: Guidance on tax implications of remittances.

  • Accurate Filing: Preparation and submission of Forms 15CA and 15CB.

  • Regulatory Compliance: Ensures compliance with RBI and Income Tax regulations.

  • End-to-End Support: Assists with tax calculations, certifications, and documentation.

Conclusion

Form 15CA and 15CB are essential for ensuring compliance with Indian tax laws during foreign remittances. Proper filing can avoid penalties and ensure smooth transactions. For professional assistance, consult ADCA, one of Bangalore’s most trusted chartered accounting firms.

FAQs

What is Form 15CA and Form 15CB?

Form 15CA is a declaration for foreign remittances, while Form 15CB is a certification issued by a CA for compliance with tax regulations.

Who will file Form 15CB?

A Chartered Accountant (CA) files Form 15CB on behalf of the remitter.

How much does a CA charge for 15CB?

The charges vary based on complexity but typically range from ?1,000 to ?5,000.

Is Form 15CB mandatory?

It is mandatory for remittances exceeding ?5 lakh in a financial year.

What is the audit limit for CA?

The audit limit varies; for individual CAs, it is 60 audits annually.

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