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Legal Darbar is providing you the 15CA AND 15CB filing service also, which is a type of form 15CA and 15CB; these are necessary for reporting foreign payments sent from India. These forms ensure that taxes are properly deducted from payments made to non-residents in accordance with the Income Tax Act of 1961 and the Foreign Exchange Management Act (FEMA) rules. legaldarbar.com

1. Form 15CA (Declaration of Payers):

Form 15CA: A declaration by the payer certifying that tax was deducted earlier than making a foreign payment. It helps to keep track of abroad transactions and avoidance of taxes.

Legal Darbar will suggest to you the purpose of filing 15CA and 15CB:

1. It is an online declaration submitted by someone making an international transfer.
2. It ensures that tax is deducted at the source (TDS) before making the deposit.
3. Allows the Income Tax Department to track abroad transactions and conflict tax avoidance.

When is the Form 15CA required?

  • If a payment is made to a non-resident, with the exception of payments exempt under Rule 37BB of the Income Tax Rules.
  • If the money being sent is taxed in India, Form 15CA must be submitted in advance of sending the payment.
  • If the payment exceeds ₹5 lakh, Form 15CB proof from a chartered accountant is necessary.

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    2. Form 15CB (Chartered Accountant’s Certificate):

    Form 15CB: A chartered accountant’s (CA) certification that the payment meets with double taxation avoidance agreements (the double taxation) and tax law.

    Legal Darbar will suggest to you the purpose of filing 15CA and 15CB forms:

    1. This certification from a Chartered Accountant (CA) confirms that tax was correctly deducted on foreign payments.
    2. It verifies that the payment complies with Double Taxation Avoidance Agreements (DTAA) and applicable tax laws.

    When is Form 15CB required?

    • If donations surpass ₹5 lakh in a fiscal year.
    • If TDS applies, the CA must certify the rate and amount of tax deducted.
    • It is not necessary for transactions that fall under Rule 37BB’s chosen list of prohibited payments (such as certain company costs and personal transfers).

    Legal Darbar will follow these steps for filing Forms 15CA and 15CB:

    Step 1:

    • Gather tax residency and payer details.
    • Collect all relevant information about the receiver, taxability, and nature of payment.
    • Check to see if the DTAA benefits apply.

    Step 2:

    • Chartered Accountant Issues. Form 15-CB
    • If applicable, a CA examines the transaction, confirms tax laws, and certifies Form 15CB online.

    Step 3:

    • Submit Form 15CA on the Income Tax Portal.
    • The payer logs into the Income Tax e-Filing Portal and submits Form 15CA. Attach Form 15CB if necessary.

    Step 4:

    • Submit forms to the bank.
    • The bank only manages foreign payers after verifying the provided forms. legaldarbar.com

    Legal has the best benefits of 15CA and 15CB:

    1. Ensures tax compliance: Prevents tax avoidance by ensuring that the correct amount of tax is deducted at the source (TDS) before making a foreign remittance.

    2. Helps avoid penalties: Filing these papers correctly guarantees conformity with Section 195 of the Income Tax Act, which prevents fines for improper or non-reporting of foreign transactions.

    3. Required for specific foreign transactions: The RBI and banks require Form 15CA/15CB for payments to ensure that foreign exchange transactions are genuine.

    4. Ensures transparency and record keeping: Maintains a record of overseas transactions to help both businesses and people with inspections and future tax evaluations.

    5. Efficient Processing of Foreign Payment: Filing Form 15CA online and receiving Form 15CB from a Chartered Accountant (CA) allows businesses and individuals to conduct payments quickly and without banking delays.

    6. Avoids Double Taxation: It Follows Double Taxation Avoidance Agreements (DTAA) to reduce needless tax responsibilities on foreign transactions. legaldarbar.com

    FAQs for 15CA-15CB filing?

    Form 15CA is a taxpayer declaration for foreign whereas Form 15CB is a CA-certified certificate that ensures tax complying before the transfer, according to Indian rules.

    Form 15CA is filed by payment for foreign, while Form 15CB is certified by a Chartered Accountant when taxability under the Income Tax Act is involved.

    Form 15CA-15CB must be filed online through the Income Tax e-filing system, manual filing is not allowed under India’s present regulations.

    Form 15CA is transaction-specific. Each transfer requires a new form, which ensures correct tax compliance and reporting in compliance with Indian laws.

    No, Form 15CB is only required for certain foreign transfers that exceed the allowed limitations, subject to tax consequences under RBI and Income Tax Act guidelines.

    Form 15CB can only be issued by a Chartered Accountant (CA) who has verified tax complying for foreign transfer under the Income Tax Act and RBI regulations.

    Form 15CB is valid for the transfer transaction it certifies. If the details changes, a new certificate must be obtained before the payment is processed.

    No, Form 15CA-15CB must be submitted before payment. It is a requirement for making international payments in order to comply with Income Tax Act limitations.

    In order to ensure accuracy, compliance, expert CA certification, suitable paperwork, timely submission, and smooth foreign remittance processing in accordance with rules, Legal Darbar supervises the filing of Forms 15CA and 15CB.

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