The government has eased rules of TDS under section 195 of the Income Tax Act by amending the Rule 37BB  by notification No. G.S.R. 978(E) dated 16th December, 2015 which provides for procedure of filling Form 15CA or 15CB in case of the remittance to non-residents . In fact , the latest amendment is so good that it will positively effect the business in India ( one sure shot step towards easing of doing business in India) . So , till the other day you were in tension and without any clarity if you should fill out the Form 15CA or 15CB even if the amounts remitted are having no income component. Now, CBDT has amended the Rule 37BB effective from 01/04/2016  to provide following new benefits to remitter , which includes the complete clarity on one aspect – if you are remitting an amount to a non resident which is not chargeable to tax , you need to  fill  a very simple form called Part D

Takeaways from New Rule37BB Regarding Remittance

  1. If income is not chargeable to tax as per remitter, he/she/it needs to fill out Part D of form 15CA.
  2. If the income is chargeable , but not exceeding Rs 5 Lakh in aggregate , obtain a certificate from CA and file Part A of Form 15CA
  3. Now 33 types of remittance are completely free of any kind of information in any kind of form if following conditions are fulfilled
    1. remittance is made by an Individual
    2. remittance is not an income chargeable to tax for non residents
    3. remittance pertains to one of the 33 types of remittance specified under Rule 37BB
    4. No approval is required from RBI as per the provisions of section 5 of the Foreign Exchange Management Act, 1999 (42 of 1999) 

If the aforesaid conditions are fulfilled neither the payer nor the person responsible for remitting  is required to file any  kinds of information

Read the Notification on Rule 37BB below :

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART-II, SECTION 3, SUB-SECTION (i)]

GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) (CENTRAL BOARD OF DIRECT TAXES)

NOTIFICATION

New Delhi, the 16th December, 2015

INCOME-TAX

G.S.R. 978(E).— In exercise of the powers conferred by sub-section (6) of section

195 read with section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of

Direct Taxes hereby makes the following rules further to amend the Income-tax Rules,

1962, namely:-

  1. (1) These rules may be called the Income-tax (21st Amendment) Rules, 2015. (2) They shall come into force on the 1st day of April, 2016.
  2. In the Income-tax Rules, 1962 (hereafter referred to as the said rules), for rule 37BB, the following rule shall be substituted, namely:-

“37BB. Furnishing of information for payment to a non-resident, not being a company, or to a foreign company.— (1) The person responsible for paying to a non-resident, not being a company, or to a foreign company, any sum chargeable under the provisions of the Act, shall furnish the following, namely:-

(i)       the information in Part A of Form No.15CA, if the amount of payment or the aggregate of such payments, as the case may be, made during the financial year does not exceed five lakh rupees;

(ii)     for payments other than the payments referred in clause (i), the information,—

 

(a)     in Part B of Form No.15CA after obtaining,—

(I)       a certificate from the Assessing Officer under section 197; or

(II)     an order from the Assessing Officer under sub-section (2) or sub-section

(3) of section 195;

(b)        in Part C of Form No.15CA after obtaining a certificate in Form No. 15CB from an accountant as defined in the Explanation below sub-section (2) of section 288.

(2) The person responsible for paying to a non-resident, not being a company, or to a foreign company, any sum which is not chargeable under the provisions of the Act, shall furnish the information in Part D of Form No.15CA.

(3)   Notwithstanding anything contained in sub-rule (2), no information is required to be furnished for any sum which is not chargeable under the provisions of the Act, if,—

(i)       the remittance is made by an individual and it does not require prior approval of Reserve Bank of India as per the provisions of section 5 of the Foreign Exchange Management Act, 1999 (42 of 1999) read with Schedule III to the Foreign Exchange (Current Account Transaction) Rules, 2000; or

(ii)       the remittance is of the nature specified in column (3) of the specified list below:

SPECIFIED LIST

 

Sl. No. Purpose code as per RBI Nature of payment
(1) (2) (3)
1 S0001 Indian investment abroad-in equity capital (shares)
2 S0002 Indian investment abroad-in debt securities
3 S0003 Indian investment abroad-in branches and wholly owned subsidiaries
4 S0004 Indian investment abroad-in subsidiaries and associates
5 S0005 Indian investment abroad-in real estate
6 S0011 Loans extended to Non-Residents
7 S0101 Advance payment against imports
8 S0102 Payment towards imports-settlement of invoice
9 S0103 Imports by diplomatic missions
10 S0104 Intermediary trade
11 S0190 Imports below Rs.5,00,000-(For use by ECD offices)
12 S0202 Payment for operating expenses of Indian shipping companies operating abroad.
13 S0208 Operating expenses of Indian Airlines companies operating abroad
14 S0212 Booking of passages abroad – Airlines companies

 

 

15 S0301 Remittance towards business travel.
16 S0302 Travel under basic travel quota (BTQ)
17 S0303 Travel for pilgrimage
18 S0304 Travel for medical treatment
19 S0305 Travel for education (including fees, hostel expenses etc.)
20 S0401 Postal services
21 S0501 Construction   of   projects   abroad by Indian companies including import of goods at project site
22 S0602 Freight insurance – relating to import and export of goods
23 S1011 Payments for maintenance of offices abroad
24 S1201 Maintenance of Indian embassies abroad
25 S1202 Remittances by foreign embassies in India
26 S1301 Remittance by non-residents towards family maintenance and savings
27 S1302 Remittance towards personal gifts and donations
28 S1303 Remittance towards donations to religious and charitable institutions abroad
29 S1304 Remittance towards grants and donations to other Governments and charitable institutions established by the Governments
30 S1305 Contributions     or     donations   by   the     Government   to international institutions
31 S1306 Remittance towards payment or refund of taxes
32 S1501 Refunds or rebates or reduction in invoice value on account of exports
33 S1503 Payments by residents for international bidding.

 

(4) The information in Form No. 15CA shall be furnished,—

(i)       electronically under digital signature in accordance with the procedures, formats and standards specified by the Principal Director General of Income-tax (Systems) under sub-rule (8) and thereafter printout of the said form shall be submitted to the authorised dealer, prior to remitting the payment; or

(ii)     electronically in accordance with the procedures, formats and standards specified by the Principal Director General of Income-tax (Systems) under sub-rule (8) and thereafter signed printout of the said form shall be submitted to the authorised dealer, prior to remitting the payment.

(5) An income-tax authority may require the authorised dealer to furnish the signed printout of Form No.15CA referred to in clause (ii) of sub-rule (4) for the purposes of any proceedings under the Act.

(6)   The certificate in Form No. 15CB shall be furnished and verified electronically in accordance with the procedures, formats and standards specified by the Principal Director- General of Income-tax (Systems) under sub-rule (8).

(7) The authorised dealer shall furnish a quarterly statement for each quarter of the financial year in Form No.15CC to the Principal Director General of Income-tax (Systems) or the person authorised by the Principal Director General of Income-tax (Systems) electronically under digital signature within fifteen days from the end of the quarter of the financial year to which such statement relates in accordance with the procedures, formats and standards specified by the Principal Director General of Income-tax (Systems) under sub-rule (8).

(8) The Principal Director General of Income-tax (Systems) shall specify the procedures, formats and standards for the purposes of furnishing and verification of Form 15CA, Form 15CB and Form 15CC and shall be responsible for the day-to-day administration in relation to the furnishing and verification of information, certificate and quarterly statement in accordance with the provisions of sub-rules (4), (6) and (7).

Explanation.— For the purposes of this rule ‘authorised dealer’ means a person authorised as an authorised dealer under sub-section (1) of section 10 of the Foreign Exchange Management Act,

1999 (42 of 1999).”.

 

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TDS