Form 145
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Assistance with filing Form 145 for specific income tax purposes.
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Professional assistance and application support included.
Government fees and third-party charges apply where mentioned.
An Indian resident making a payment to a foreign entity must comply with the applicable provisions of the Income Tax Act, 1961. Forms 15CA and 15CB may need to be filed with the tax authorities before funds are remitted to a non-resident.
Filing Forms 15CA and 15CB involves the nature and value of the remittance, taxability in India, applicable tax rates, and relevant Double Taxation Avoidance Agreement provisions.
LegallensIndia assists remitters with preparing, certifying, and submitting Forms 15CA and 15CB.
Section 195 provides that a person responsible for paying a non-resident, including a foreign company, must deduct income tax at the applicable rate before making the payment.
The remitter submits an undertaking in Form 15CA containing the payment details. For payments exceeding ₹5 lakh, the supplied content states that a Chartered Accountant's certificate in Form 15CB is required.
Form 15CB records the nature of payment, applicable tax rate, and tax deducted.
Forms 15CA and 15CB support reporting of payments made by residents to non-residents under the Income Tax Act, 1961.
Form 15CA is a declaration relating to a remittance made by an individual or company to a non-resident.
It is submitted online through the Income Tax Department website before the remittance is made.
The form enables the Department to track foreign remittances and review whether tax is being paid according to the Income Tax Act.
Form 15CB is a certificate issued by a Chartered Accountant under Section 195(6) for payments to non-residents or foreign companies.
The certificate verifies whether the payment complies with the Income Tax Act and any applicable Double Taxation Avoidance Agreement between India and the foreign country.
| Part | When It Applies |
|---|---|
| Part A | Taxable remittances up to ₹5 lakh during the financial year. |
| Part B | Taxable remittances exceeding ₹5 lakh where an order or certificate under Section 195(2), 197, or 195(3) has been obtained from the Assessing Officer. |
| Part C | Taxable remittances exceeding ₹5 lakh where a Chartered Accountant's certificate in Form 15CB is obtained. |
| Part D | Remittances not chargeable to tax under the Income Tax Act. |
| Part | Details |
|---|---|
| Part A | Details of the remitter, beneficiary, and nature of the remittance. |
| Part B | CA verification of compliance with the Income Tax Act and DTAA, including relevant sections and articles. |
| Part C | CA certification that the information in the form is true and correct. |
| Annexure | Optional annexure for additional information or details. |
The supplied content states that failure to file or delayed filing of Forms 15CA and 15CB can attract a penalty of ₹10,000 for each instance.
The remitter should have a valid Permanent Account Number issued by the Income Tax Department.
For a remittance exceeding ₹5 lakh, the supplied content requires a Chartered Accountant to certify in Form 15CB that the remittance is taxable in India and the appropriate tax has been paid.
Enter the remitter, remittee, nature of remittance, and remittance amount on the Income Tax Department e-Filing website.
Where Form 15CB applies, obtain the completed certificate from a Chartered Accountant.
Upload the completed and certified Forms 15CA and 15CB through the Income Tax Department e-Filing website.
Retain the acknowledgement and its unique number after submission for future reference.
The filing procedure may differ depending on the transaction and other relevant factors.
LegallensIndia assists with Form 15CA and Form 15CB from preparation to submission. Our experts help review the remittance information, applicable form parts, certification requirements, and supporting details.
Contact LegallensIndia for assistance with your foreign-remittance filing and compliance requirements.