15cb for foreign commission

[Satbir singh wahi]

whether 15cb certificate is required if commission is paid to non resident agent .

[Ganeshan Kalyani]

Yes, need to be issued. Thanks.

[piyush agarwal]

As per notification 93/2015 dated 16/12/2015 which states that wef 01/04/2016 Form 15CB is required only when transaction is taxable and it excced 5 lac.

Further as per Press Release by income tax dep dated 17.12.2015 states- A CA certificate in Form No. 15CB will be required to be furnished only in respect of such payments made to non-residents which are chargeable to tax and the amount of payment during the year exceeds ₹ 5 lakh.

In my view Commission paid to non resident agent is not a taxable transaction as per income tax as neither there income arise,accrue or receive in India.. Hence there shall be no requirement of 15CB in my view.

Yes Form 15CA part D need to file as its a non taxable transaction.

[Satbir singh wahi]

Thks for reply.

AI Summary

Form 15CB requirement for taxable payments above prescribed threshold; non-taxable commission to non resident may not need it.
Obligation to furnish a CA certificate in Form 15CB depends on whether the payment to a non resident agent is chargeable to tax in India and exceeds the prescribed threshold; if the commission is not taxable as income arising, accruing or received in India, Form 15CB is not required, although filing Form 15CA (Part D) for a non taxable transaction is appropriate.