Form 15CA is a Declaration of Remitter and is used as a tool for collecting information in respect of payments which are chargeable to tax in the hands of recipient non-resident. This is starting of an effective Information Processing System which may be utilized by the Income tax Department to independently track the foreign remittances and their nature to determine tax liability. Authorised Dealers/ Banks are now becoming more vigilant in ensuring that such Forms are received by them before remittance is effected since now as per revised Rule 37BB a duty is casted on them to furnish Form 15CA received from remitter, to an income-tax authority for the purposes of any proceedings under the Income-tax Act.
Chargeability can be ascertained and certified by obtaining the Certificate from a Chartered Accountant in Form no. 15CB. This certificate has been prescribed under Section 195(6) of the Income tax Act and is an alternate channel of obtaining Tax clearance apart from Certificate from Assessing Officer.
Perusal of Form 15CB makes it clear that there is no condition or exemption to obtain such certificate when the remittance is not chargeable to tax. In fact this Form 15CB is the Tax Determination Certificate where the Issuer CA examines the remittance having regard to chargeability provisions under Section 5 and 9 of Income tax Act along with provisions of Double tax Avoidance Agreements with the Recipient’s Residence Country. Therefore in my opinion, it is advisable to obtain 15CB even in cases where 15CA is not mandated. Though there is no penal provision prescribed in the Act if such Certificates in Form 15CB and Declaration in Form 15CA are not obtained, but it is in the interest of Assessee to have a tax determination in Form 15CB from a CA, since Non-resident taxation involves various complex issues and the consequences of Non deduction are severe.
The income tax department has revised the rules relating to preparation & submission of Form 15CA and Form 15CB (see old rules here).Revised rules are effective 1st April 2016.The significant changes are as follows –
For such payments information is required in Part A of Form 15CA
Rule 37BB | |
Sl. No. | Nature of Payment |
1 | Indian investment abroad -in equity capital (shares) |
2 | Indian investment abroad -in debt securities |
3 | Indian investment abroad-in branches and wholly ownedsubsidiaries |
4 | Indian investment abroad -in subsidiaries and associates |
5 | Indian investment abroad -in real estate |
6 | Loans extended to Non-Residents |
7 | Advance payment against imports |
8 | Payment towards imports-settlement of invoice |
9 | Imports by diplomatic missions |
10 | Intermediary trade |
11 | Imports below Rs.5,00,000-(For use by ECD offices) |
12 | Payment- for operating expenses of Indian shipping companies operating abroad. |
13 | Operating expenses of Indian Airlines companies operating abroad |
14 | Booking of passages abroad -Airlines companies |
15 | Remittance towards business travel. |
16 | Travel under basic travel quota (BTQ) |
17 | Travel for pilgrimage |
18 | Travel for medical treatment |
19 | Travel for education (including fees, hostel expenses etc.) |
20 | Postal Services |
21 | Construction of projects abroad by Indian companies including import of goods at project site |
22 | Freight insurance – relating to import and export of goods |
23 | Payments for maintenance of offices abroad |
24 | Maintenance of Indian embassies abroad |
25 | Remittances by foreign embassies in India |
26 | Remittance by non-residents towards family maintenance and-savings |
27 | Remittance towards personal gifts and donations |
28 | Remittance towards donations to religious and charitable institutions abroad |
29 | Remittance towards grants and donations to other Governments and charitable institutions established by the Governments. |
30 | Contributions or donations by the Government to international institutions |
31 | Remittance towards payment or refund of taxes. |
32 | Refunds or rebates or reduction in invoice value on account of exports |
33 | Payments by residents for international bidding. |