TaxTMI 
TaxTMI 
Income-tax (12th Amendment) Rules, 2013 - Furnishing of information by the person responsible for making payment to a non-resident, not being a company, or to a foreign company
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....ent, not being a company, or to a foreign company-(1) The person responsible for making any payment to a non-resident, not being a company, or to a foreign company shall furnish the following, namely:- (i) the information in Part A of Form No.15CA, if the amount of payment does not exceed fifty thousand rupees and the aggregate of such payments made during the financial year does not exceed two lakh fifty thousand rupees; (ii) the information in Part B of Form No.15CA , if the payment is not chargeable to tax and is of the nature specified in column (3) of the specified list ; (iii) the information in Part C of Form No.15CA for payments other than the payments referred in clause (i) and clause (ii) after obtaining- (a) a certificate in Form No. 15CB from an accountant as defined in the Explanation below sub-section (2) of section 288; or (b) a certificate from the Assessing Officer under section 197; or (c) an order from the Assessing Officer under sub-section (2) or sub-section (3) of section 195. (2) The information in Form No. 15CA shall be furnished by the person electronically to the website designated by the Income-tax Department and thereafter signed pri....
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....reatment 23 S0305 Travel for education (including fees, hostel expenses etc.) 24 S0401 Postal services 25 S0501 Construction of projects abroad by Indian companies including import of goods at project site 26 S0601 Payments for life insurance premium 27 S0602 Freight insurance - relating to import and export of goods 28 S0603 Other general insurance premium 29 S1011 Payments for maintenance of offices abroad 30 S1201 Maintenance of Indian embassies abroad 31 S1202 Remittances by foreign embassies in India 32 S1301 Remittance by non-residents towards family maintenance and savings 33 S1302 Remittance towards personal gifts and donations 34 S1303 Remittance towards donations to religious and charitable institutions abroad 35 S1304 Remittance towards grants and donations to other governments and charitable institutions established by the governments. 36 S1305 Contributions or donations by the Government to international institutions 37 S1306 Remittance towards payment or refund of taxes. 38 S1501 Refunds or rebates or reduction in invoice valu....
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.... Date: Designation: * Delete whichever is not applicable. 1. Mandatory if tax is deducted 2. Write 1 if company, write 2 if firm, write 3 if individual and write 4 if others. 3. If the remittance is chargeable to tax, non-furnishing of PAN shall attract the provisions of section 206AA 4. If available 5. If available Part B (To be filled up if the remittance is covered by the Specified List given in Explanation to rule 37BB and not chargeable to tax under the provision of Income-tax Act 1961.) REMITTER Name of the remitter PAN of the remitter TAN of the remitter (if available) Complete address, email and phone number of the remitter Status of remitter1 REMITTEE Name of recipient of remittance PAN of the recipient of remittance, if available Complete address, email2 and phone number3 of the recipient of remittance Country to which remittance is made Country of which the recipient of remittance is resident, if available REMITTANCE Name of the bank Name of the branch of the bank BSR code of the bank branch (7 d....
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....ess, email and phone number of the remitter Status" In case of company - If domestic, write '1' and if other than domestic, write '2' REMITTEE Name of recipient of remittance PAN of recipient of remittance"'. Status" Address Country to which remittance is made: Principal Place of business Email address (ISD code)-Phone Number ( ) ACCOUNTANT (a) Name of the Accountant signing the certificate (b) Name of the proprietorship / firm of the accountant (c) Address (d) Registration no. of the accountant (e) Date of certificate (DD/MM/YYYY) Certificate No." A.O. ORDER (a) Whether any order/ certificate u/s 195(2)/195(3)/197 of Income-tax Act has been obtained from the Assessing Officer. ....
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.... (b) If so, the basis of arriving at the rate of deduction of tax. (c) If not, please furnish brief reasons thereof specifying relevant article of DTAA C. In case the remittance is on account of capital gains, please indicate:- (Tick) Yes No (a) amount of long term capital gains (b) amount of short-term capital gains (c) basis of arriving at taxable income D. In case of other remittance not covered by sub-items A, B and C (Tick) Yes No (a) Please specify nature of remittance (b) Whether taxable in India as per DTAA (c) If yes, rate of TDS required to be deducted in terms of such article of the applicable DTAA (d) if not, please furnish brief reasons thereof specifying relevant article of DTAA TDS 10. Amount of tax deducted at source In foreign currency In Indian Rs. 11. Rate of TDS As per Income-tax Act (%) or As per DTAA (%) 12. Actual amount of remittance after TDS In forreign currency 13. Date of deduction of tax at source, if any (DD/M/YYYY) VERIFICATION 1. I/We*, _________________ (full name in block lett....
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....e rule 37BB) Certificate of an accountant1 I/We* have examined the agreement (wherever applicable) between Mr./Ms./M/s* ...................................and Mr./Ms./M/s* ...............(Remitters).........................(Beneficiary).......................... requiring the above remittance as well as the relevant documents and books of account required for ascertaining the nature of remittance and for determining the rate of deduction of tax at source as per provisions of Charter-XVII-B. We hereby certify the following:- A Name and address of the beneficiary of the remittance B 1. Country to which remittance is made Country: Currency: 2. Amount payable In foreign currency: In Indian Rs. 3. Name of the Bank Branch of the Bank Branch of the bank 4. BSR Code of the bank branch (7 digit) 5. Proposed date of remittance 6. Nature of remittance as per agreement/document 7. In case the remittance is net of taxes, whether tax payable has been grossed up? (Tick) Yes No 8. Taxability under the provisions of the Income-tax Act (without considering DTAA) ....
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....ign currency In Indian Rs. 11. Rate of TDS As per Income-tax Act (%) or As per DTAA (%) 12. Actual amount of remittance after TDS In forreign currency 13. Date of deduction of tax at source, if any (DD/M/YYYY) Certificate No.2 Signature: Name: Name of the proprietorship/firm: Address: Registration No.: 1. To be signed and verified by an accountant (other than an employee) as defined in the Explanation below sub-section (2) of section 288 of the Income-tax Act, 1961. 2. Certificate number is an internal number to be given by the Account. *Delete whichever is not applicable.". F. No.149/119/2012-SO(TPL) (J. Saravanan) Under Secretary to the Government of India. Note: The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii) vide notification number S.O. 969(E), dated the 26th March, 1962 and last amended by the Income-tax (11th Amendment) Rules, 2013, vide notification number S.O.2331(E), dated the 1st August, 2013. =======....
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....the remittance is covered by the Specified List given in Explanation to rule 37BB and not chargeable to tax under the provision of Income-tax Act 1961.) REMITTEE REMITTER REMITTANCE 2. Name of the remitter PAN of the remitter TAN of the remitter (if available) Complete address, email and phone number of the remitter Status of remitter' Name of recipient of remittance PAN of the recipient of remittance, if available Complete address, email² and phone number³ of the recipient of remittance Country to which remittance is made Country of which the recipient of remittance is resident, if available Name of the bank BSR code of the bank branch (7 digit) Proposed date of remittance Nature of remittance Name of the branch of the bank (DD/MM/YYYY) Please furnish the relevant code of the specified List mentioned below rule 37BB, under which the remittance is covered I certify that I have reason to believe that the remittance as above is not chargeable under the provision of Income-tax Act 1961 and is not liable for deduction of tax at source and therefore, does not require a certificate from an Accoun....
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.... has been obtained from the Assessing Officer. (Tick) ☠Yes ☠No (b) Section under which order/certificate has been obtained (c) Name and designation of the Assessing Officer who issued the order/certificate (d) Date of order/certificate (e) Order/certificate number Section B 1. Country to which remittance is made PARTICULARS OF REMITTANCE AND TDS (as per certificate of the accountant) Country: Currency: 2. Amount payable In foreign currency: In Indian Rs. REMITTANCE 3. Name of the Bank Branch of the Bank 4. BSR Code of the bank branch (7 digit) 5. Proposed date of remittance (DD/MM/YYYY) 6 Nature of remittance as per agreement/ document 7. (Tick) Yes No up? 8. In case the remittance is net of taxes, whether tax payable has been grossed Taxability under the provisions of the Income-tax Act (without considering DTAA) (i) is remittance chargeable to tax in India (Tick) Yes No (ii) if not reasons thereof (iii) if yes, (a) the relevant section of the Act under which the remittance is covered (b) the amount of inco....
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....t information has been concealed. 2. I/We* certify that a certificate has been obtained from an accountant, particulars of which are given in this Form, certifying the amount, nature and correctness of deduction of tax at source./ I/We* certify that certificate/order under section 195(2)/195(3)/197 of the Income-tax Act, 1961, particulars of which are given in this Form*. 3. In case where it is found that the tax actually deductible on the amount of remittance has not been deducted or after deduction has not been paid or not paid in full, I/We* undertake to pay the amount of tax not deducted or not paid, as the case may be along with interest due. I/We* shall also be subject to the provisions of penalty for the said default as per the provisions of the Income-tax Act, 1961. 4. I/We further undertake to submit the requisite documents for enabling the Income-tax Authorities to determine the nature and amount of income of the recipient of the above remittance as well as documents required for determining my/our liability under the Income-tax Act, 1961 as a person responsible for deduction of tax at source. 5. I/We* further declare ....
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....) the tax liability (d)basis of determining taxable income and tax liability 9. If income is chargeable to tax in India and any relief is claimed under DTAA- (i) whether tax residency certificate is (Tick) obtained from the recipient of remittance (ii) please specify relevant DTAA (ii) please specify relevant article of DTAA (iii) taxable income as per DTAA (iv) tax liability as per DTAA A.If the remittance is for royalties, fee for technical services, interest, dividend, etc, (not connected with permanent establishment) please indicate:- (a) Article of DTAA Yes No Nature of payment as per DTAA In Indian Rs. In Indian Rs. (Tick) Yes No (b) Rate of TDS required to be deducted As per DTAA (%) in terms of such article of the applicable DTAA B. In case the remittance is on account of (Tick) business income, please indicate:- Yes No (a) Whether such income is liable to tax in India (Tick) Yes No (b) If so, the basis of arriving at the rate of deduction of tax. (c) If not, the please furnish brief reasons thereof. specifying relevant article of DTAA C. In ca....