06/09/2013

FORM 15CA & FORM 15CB- OLD & NEW CHANGES

Form 15CA and Form 15CB – old AND new changes
The CBDT has issued Twelfth Amendment Rules on August 5, 2013 vide Notification No. 58/2013 whereby it amended Rule 37BB and prescribed new Forms 15CA and 15CB. However, within a couple of weeks, the CBDT issued one more amendment to Rule 37BB in suppression of earlier notification (amendment rules).
In view of the recent Fourteenth Amendment Rules, which are applicable w.e.f. October 1, 2013, the extent of compliances and reporting have been reduced for the remittances up to a certain limit. Remittances which are not chargeable to tax are not required to be reported under Form 15CA.
Rule 37BB is amended and new Forms 15CA and 15CB have been prescribed in suppression of the earlier Forms. The new Forms provide for two categories (.i.e., Part A and Part B of Form 15CA) on which remittances are required to be reported. It provides that only taxable remittances (including salary or interest) are required to be reported in Form 15CA. Limit up to which remittances are required to be reported in part A of Form 15CA remains unchanged (the same limit was prescribed by the Twelfth Amendment Rules) and other taxable remittances (not covered in part A) are required to be reported in part B. Specified list (provided under Rule 37BB) is further amended and remittance covered by that list isn't required to be reported at all.
Before the Twelfth Amendment Rules, the payers were required to submit the remittance details in Form 15CA and they were also required to obtain certificate under Form 15CB, notwithstanding whether the payee was liable to tax in India or not? Then Twelfth Amendment Rules extended some relaxation and provided immunity from obtaining certificate under Form 15CB for certain remittances. Now Fourteenth Amendment Rules provide exemption from filing of Form 15CA if remittance is not chargeable to tax in the hands of payee, it also provides immunity from obtaining Form 15CB if the taxable remittances are covered by Part A of new Form 15CA.

Part B of Form 15CA as prescribed by the Twelfth Amendment Rules has been removed by Fourteenth Amendment Rules from the new Form 15CA. Part C of Form 15CA as prescribed by the Twelfth Amendment Rules has been taken in Part B of Form 15CA by Fourteenth Amendment Rules.
Points of distinction
Old Form 15CA (Valid Up to Sep. 30, 2013)
Amended Form 15CA (It isn't valid as it's superseded by new Form 15CA)
Further amended Form 15CA (Valid on or after Oct. 1, 2013)
Who shall have to fill Form 15CA?
To be filled up by the person responsible for making remittances to NR or foreign company
To be filled up by the person responsible for making any remittances (including remittance not chargeable to tax) to NR or foreign company
To be filled up by the person responsible for making remittance to NR or foreign company which is chargeable to tax in India (including interest or salary)


Part A of Form 15CA
Who shall have to fill it up?
To be filled up for all remittances made to NR or to a foreign company
To be filled up if any remittance to NR or foreign company does not exceed Rs. 50,000 per transaction and the aggregate of such payments during the financial year doesn't exceed Rs. 2,50,000.
To be filled up if sum which is chargeable to tax (including interest or salary) is remitted to NR or foreign company which doesn't exceed Rs. 50,000 per transaction and the aggregate of such payments during the financial year doesn't exceed Rs. 2,50,000
What information has to be filled in?
(1) Particulars of remitter, remittee and accountant to be specified;
(2) Principal place of business of remitter and remittee to be specified.
(1) Particulars of remitter, remittee, remittance made and TDS;
(2) Mandatory to furnish PAN of remitter, if tax is deducted;
(3) Forms prescribe mandatory application of provisions of Section 206AA, if remittance is chargeable to tax and PAN of remittee is not available;
(4) E-mail and Phone Number of remittee shall be furnished, if available
(5) Whether remittance is chargeable to tax or not and if not, then the reasons thereof.
(1) Particulars of remitter, remittee, remittance made and TDS;
(2) PAN of remitter, if available;
(3) Forms prescribe mandatory application of provisions of Section 206AA, if remittance is chargeable to tax and PAN of remittee is not available;
(4) E-mail and Phone Number of remittee shall be furnished, if available
(5) No information is to be furnished if remittance isn't chargeable to tax.
Conditions to be satisfied
The information shall be furnished after obtaining certificate under Form 15CB
Certificate under Form 15CB isn't required to be obtained to furnish information in this part
Form 15CB isn't required to be obtained to furnish information in this part
Part B of Form 15CA
Who shall have to fill it?
All remitters filling Form 15CA
To be filled up if the amount paid to non-resident or foreign company is:
(1) covered by specified list (given in Explanation to Rule 37BB); and
(2) claimed to be not chargeable to tax.
To be filled up if sum remitted to NR or foreign company, is chargeable to tax (including interest or salary) and:
(a) exceeds Rs 50,000 per transaction; or
(b) the aggregate of such payments during the financial year exceeds Rs. 2,50,000
Who aren't required to fill it?
All remitters filling Part A of Form 15CA have to fill Part B
If remittance is covered by part A or part C of Form 15CA
  ·  If remittance is not taxable
  · If remittance (including interest or salary) is chargeable to tax and is covered by part A of Form 15CA; or
  ·  Remittance is covered by specified list (given in Explanation to amended Rule 37BB)
Conditions to be satisfied
The information shall be furnished after obtaining certificate under Form 15CB.
 · Income should not be chargeable to tax and should be covered by specified list
 ·  Certificate from accountant under Form 15CB isn't required to furnish information in this part
To be filled up after obtaining:
  ·  Certificate in Form No. 15CB; or
  · Certificate from AO for deduction at lower rate or for proportionate deductions; or
  · Order from AO for Nil deduction of tax.
What information has to be filled in
Particulars of remittance and TDS. Certain other details such as applicable DTAA, existence of PE, etc. (As available in Form 15CB). This information is now sought in Part C of Form 15CAas amended on August 05, 2013 and in Part B of Form 15CA applicable from October 1, 2013
(1) Details of remitter, remittee and remittance;
(2) In addition, nature of remittance, relevant Code of specified list (given in Explanation to Rule 37BB) under which remittance is covered and information regarding the country of residence of the remittee, if available;
(3) Form 15CB isn't required to be furnished if remittance is covered in this part.
(1) Details of remitter, remittee and remittance;
(2) No information is to be furnished on remittance covered by specified list, as such remittance isn't required to be reported in Form 15CA
(3) Information regarding the country of residence of the remittee, if available;
(4) The appropriate certificate is required to be furnished (as provided supra) including Form 15CB
(5) This Form provides for mandatory application of provisions of Section 206AA, if remittance is chargeable to tax and PAN is not available;
(6) Other particulars as specified in Part C of old Form 15CA
Part C of Form 15CA
Who shall have to fill it?
Not applicable
To be filled up for remittances other than those specified in Part A and Part B
Not applicable




What information has to be filled in?
Not applicable
(1) Forms prescribe mandatory application of provisions of Section 206AA, if PAN of remittee is not available;
(2) Other details:
  - Section A: Details of remitter, remittee and accountant to be specified in this section
  -  Section B: Particulars of remittance and TDS (as per certificate of accountant), namely:
(a) Taxability under the Income-tax Act,
(b) Taxability under the relevant DTAA,
(c) Details of TRC
(3) Bifurcation of capital gains, if any, into short-term, long-term capital gains and the basis of arriving at taxable income.
All the particulars specified in Part C of Form 15CA (prescribed by Twelfth Amendment Rules) are included in part B of new Form 15CA, with an exception that no information shall be required to be furnished regarding remittance which isn't chargeable to tax.
Conditions to be satisfied
Not applicable
The information specified in this part shall be furnished after obtaining:
  · Certificate in Form No. 15CB; or
  · Certificate from AO for deduction at lower rate or for proportionate deductions; or
  · Order from AO for Nil deduction of tax.
Not applicable (same was provided for in Part B of Form 15CA)
Form 15CB
No major changes were made in Form 15CB by Twelfth Amendment Rules and Fourteenth Amendment Rules.
Change in specified list (as provided for in Explanation to the amended Rule 37BB)
Earlier income not chargeable to tax and covered by specified list was required to be reported in Part B of Form 15CA ( as per Twelfth Amendment Rules) but now all the remittances falling under specified list aren't required to be reported in Form 15CA.
Following categories of remittances have been removed from specified list (Thus, they are required to be reported in Form 15CA):
1.
Payment for life insurance premium
2.
Other general insurance premium
3.
Payments on account of stevedoring, demurrage, port handling charges etc.
4.
Freight on imports - Airlines companies
5.
Booking of passages abroad - Shipping companies
6.
Freight on exports - Shipping companies
7.
Freight on imports - Shipping companies
8.
Payments for surplus freight or passenger fare by foreign shipping companies operating in India.
9.
Imports by diplomatic missions
10.
Payment towards imports-settlement of invoice
11.
Advance payment against imports
Summing up of Old viz-a-viz new provisions
How remittances made to NR or foreign company need to be reported under different situations as per old and new Forms 15CA and 15CB are summarized in the following table:
Scenario
Form 15CA (Valid upto Sept. 30, 2013)
Form 15CA (It is not valid as it's superseded by new Form 15CA)
Form 15CA (Valid on or after Oct. 1, 2013)
If remittance isn't chargeable to tax
(a) Single remittance doesn't exceed Rs 50,000; and
(b) Aggregate payment during year doesn't exceed Rs 2,50,000
To be reported in Part A and Part B of Form 15CA
To be reported in Part A of Form 15CA
Not to be reported at all
(1) Single remittance exceeds Rs 50,000; and
(2) Aggregate payment during year doesn't exceed Rs 2,50,000
To be reported in Part A and Part B of Form 15CA
To be reported in Part B of Form 15CA if remittance is covered in specified list
Not to be reported at all
(1) Single remittance doesn't exceed Rs 50,000; and
(2) Aggregate payment during year exceeds Rs. 2,50,000
To be reported in Part A and Part B of Form 15CA
To be reported in Part B of Form 15CA if remittance is covered in specified list
Not to be reported at all
If remittance is chargeable to tax (including salary or interest)
(1) Single remittance doesn't exceed Rs. 50,000; and
(2) Aggregate payment during the year doesn't exceed Rs 2,50,000
To be reported in Part A and Part B of Form 15CA
To be reported in Part A of Form 15CA
To be reported in Part A of Form 15CA
(1) Single remittance exceeds Rs 50,000; and
(2) Aggregate payment during year doesn't exceeds Rs 2,50,000
To be reported in Part A and Part B of Form 15CA
To be reported in Part C of Form 15CA along with Form 15CB and other prescribed documents, if any.
To be reported in Part B of Form 15CA along with Form 15CB and other prescribed documents, if any.
(1) Single remittance doesn't exceeds Rs 50,000; and
(2) Aggregate payment during year exceeds Rs. 2,50,000
To be reported in Part A and Part B of Form 15CA
To be reported in Part C of Form 15CA along with Form 15CB and other prescribed documents, if any.
To be reported in Part B of Form 15CA along with Form 15CB and other prescribed documents, if any.

 Courtesy: Taxmann.com

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