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Understanding Form 15CA – 15CB for NRO Account Payments

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    Quick Summary

    When making payments to Non-Resident Ordinary (NRO) account holders in India, it’s essential to understand the tax compliance requirements involving Forms 15CA and 15CB. As per Section 195 of the Income-tax Act, 1961, any person responsible for making a payment to a non-resident must file Form 15CA and, in certain cases, obtain a certificate in Form 15CB from a Chartered Accountant. This obligation arises even when the payment is credited to an NRO account within India, as the tax liability is determined by the recipient’s residential status, not the location of the account. Neglecting this requirement can lead to penalties of up to ₹1 lakh. Therefore, it’s crucial for payers to ensure proper filing of these forms to remain compliant with tax regulations.

    𝐃𝐨 𝐘𝐨𝐮 𝐍𝐞𝐞𝐝 𝐭𝐨 𝐅𝐢𝐥𝐞 𝐅𝐨𝐫𝐦 15𝐂𝐀 – 15𝐂𝐁 𝐰𝐡𝐞𝐧 𝐦𝐚𝐤𝐢𝐧𝐠 𝐚 𝐩𝐚𝐲𝐦𝐞𝐧𝐭 𝐭𝐨 𝐍𝐑𝐈𝐬 𝐰𝐢𝐭𝐡 𝐚𝐧 𝐍𝐑𝐎 𝐀𝐜𝐜𝐨𝐮𝐧𝐭?

    Under ordinary circumstance, when a person is making any payment to a non-resident, the AD Banker mandates such person to furnish Form 15CA  and / or Form 15CB for the transaction before releasing any payment to non-residents in their foreign currency account / offshore bank account. This is because the AD Banker is mandated by the RBI to obtain a certain set of documents (which includes Form 15 CA and / or Form 15 CB) 𝐛𝐞𝐟𝐨𝐫𝐞 𝐩𝐫𝐨𝐜𝐞𝐬𝐬𝐢𝐧𝐠 𝐚𝐧𝐲 𝐫𝐞𝐦𝐢𝐭𝐭𝐚𝐧𝐜𝐞𝐬 𝐨𝐮𝐭𝐬𝐢𝐝𝐞 𝐈𝐧𝐝𝐢𝐚.

    Now, here’s the tricky part, what happens if you are making a payment to a non-resident who has an NRO account (for example, NRIs or Person of Indian origin)?

    Let’s first understand what is an NRO account? NRO accounts are a popular way for NRIs to manage their deposits or income earned in India such as dividends, pension, rent, sale proceeds, etc. in INR.

    If you end up making a payment to an NRO account holder, technically, there is no money going outside India. Hence, the AD Banker is not involved and the remittance can happen directly from the payer’s Indian bank account to the NRO account holder like any other day-to-day transaction.

    But, does that mean there is no obligation on the payer to file Form 15CA and / or Form 15CB since there is no money going outside India? 𝐓𝐡𝐞 𝐚𝐧𝐬𝐰𝐞𝐫 𝐭𝐨 𝐭𝐡𝐚𝐭 𝐢𝐬 𝐍𝐨.

    The obligation on the payer to file Form 15CA and / or Form 15CB stems from Section 195 of the Income-tax Act, 1961 read with Rule 37BB of the Income-tax Rules, 1962. The section requires any person responsible for making a payment to a non-resident / foreign company to file Form 15CA and / or Form 15CB 𝐩𝐫𝐢𝐨𝐫 𝐭𝐨 𝐫𝐞𝐦𝐢𝐭𝐭𝐢𝐧𝐠 𝐭𝐡𝐞 𝐩𝐚𝐲𝐦𝐞𝐧𝐭.

    In layman terms, the obligation to file Form 15CA and / or Form 15CB is not associated with remittance of funds outside India but actually associated with making 𝐩𝐚𝐲𝐦𝐞𝐧𝐭𝐬 𝐭𝐨 𝐧𝐨𝐧-𝐫𝐞𝐬𝐢𝐝𝐞𝐧𝐭𝐬, a fact that is often overlooked by most players.

    So keep this in mind 𝐛𝐞𝐟𝐨𝐫𝐞 making your next remittance to a NRO account holder, be it for rent or sale proceeds on transfer of property / shares even if your banker does not mandate as the penalty for non-filing / filing inaccurately is ₹ 1 𝐥𝐚𝐤𝐡!!

    About the Author
    Treelife
    Treelife
    Treelife Team | support@treelife.in

    We are a legal and finance firm with a deep focus on the startup ecosystem. We offer a wide range of services, including Virtual CFO, Legal Support, Tax & Regulatory, and Global Expansion assistance.

    Our goal at Treelife is to provide you with peace of mind and ease in business.

    We Are Problem Solvers. And Take Accountability.

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