14 July 2024
Form 15CB is a certificate issued by a Chartered Accountant certifying details of any payment made to a non-resident or a foreign company, which is subject to withholding tax under the Income Tax Act, 1961. This certificate is required to be furnished to the bank while remitting the payment to ensure compliance with Indian tax laws.
Here is a general outline of what Form 15CB typically looks like:
### Specimen of Form 15CB
``` Form No. 15CB (See rule 37BB)
Certificate of an accountant
I/We have examined the agreement (including any supplementary agreement, if any, entered into subsequently) entered into by the applicant with the non-resident, and also the relevant records of the non-resident available or placed at my/our disposal for examination.
I/We have also examined the following documents:
1. Invoice, bill or challan; 2. Agreement; and 3. Any other document, wherever required.
I/We hereby certify that the amount referred to in clause (a) of rule 37BB does not represent income chargeable to tax in India and hence not liable to withholding tax.
OR
I/We hereby certify that the amount referred to in clause (a) of rule 37BB represents income chargeable to tax in India and the recipient is not a resident of India.
OR
I/We hereby certify that the tax has been deducted at source or paid in respect of the amount referred to in clause (a) of rule 37BB and the following information:
1. Nature of remittance. 2. Amount of remittance in Indian currency. 3. Amount of TDS.
Details of remittance: 1. Name and address of the remitter: 2. Name and address of the remittee: 3. Country to which remittance is made: 4. Amount of remittance in foreign currency: 5. Amount of TDS:
Declaration:
I/We hereby declare that the information given above is correct and complete.
Place: ________
Date: ________
(Signature of the person issuing certificate)
Full Name: ________
(Designation and Membership No.) (With seal/stamp)
(Complete office address) ```
### Important Points: - **Format:** The format may vary slightly based on specific requirements and updates to the form by the Income Tax Department. - **Stamp and Signature:** Yes, Form 15CB should be signed and stamped by the Chartered Accountant issuing the certificate. - **Original:** The certificate is generally provided in original to the client or the remitter. - **Contents:** It includes details about the nature of the remittance, amount in both Indian and foreign currency, TDS details, and a declaration of correctness.
### Procedure: - Form 15CB is usually prepared electronically and then physically signed and stamped by the Chartered Accountant. - It must be submitted along with other documents to the bank through which the remittance is being made.
For specific cases and updated forms, it is always advisable to consult a Chartered Accountant or refer to the latest guidelines issued by the Income Tax Department or the Institute of Chartered Accountants of India (ICAI).