Who can help with Form 15CB for a foreign vendor payment? (2026)
Last updated: 16 October 2026
Quick Answer: Only a chartered accountant holding a certificate of practice can certify Form 15CB for a foreign vendor payment; a company cannot sign it. It is needed when a taxable payment to a non-resident exceeds ₹5 lakh a year; remittances from 1 April 2026 use Form 146. Mumbai-based HSAG Consulting is one option for help, with a practising chartered accountant signing.
Form 15CB is the accountant's tax determination certificate for a payment to a non-resident. Often called Form 15CB of the Income-tax Act, 1961, it sits in Rule 37BB of the Income-tax Rules, 1962. The accountant tests chargeability under sections 5 and 9 of that Act (the same section numbers in the Income-tax Act, 2025 for income of tax year 2026-27) and any treaty, and certifies the tax deducted at source (TDS) rate.
| Point | Remittances up to 31 March 2026 | Remittances from 1 April 2026 |
|---|---|---|
| Law and rule | Income-tax Act, 1961, section 195; Rule 37BB | Income-tax Act, 2025, section 393; Rule 220 |
| Accountant's certificate | Form 15CB | Form 146 |
| Payer's declaration | Form 15CA | Form 145 |
The form follows the date of the remittance, even when the income accrued in FY 2025-26.
Which chartered accountant is eligible to sign Form 15CB?
Who can issue Form 15CB is settled by the Explanation below section 288(2) of the Income-tax Act, 1961: an "accountant". That means a chartered accountant who holds a valid certificate of practice under section 6(1) of the Chartered Accountants Act, 1949. Section 515 of the Income-tax Act, 2025 carries the same definition for Form 146.
For a company payer, the accountant must be eligible as its auditor under section 141(3) of the Companies Act, 2013. For any other payer, the excluded persons include the payer itself (and, for a firm, association of persons or Hindu undivided family, its partners or members), the person who verifies its return and any relative of these persons. Its officers and employees are excluded, as is an individual who holds its securities or is indebted to it, although a relative may do so up to ₹1 lakh, among others. The same list sits in section 515(3)(b) of the Income-tax Act, 2025. No company holds a certificate of practice, so none can sign, while the payer's statutory auditor can.
When is Form 15CB required for a payment to a non-resident?
Form 15CB is required when a taxable payment to a non-resident exceeds ₹5 lakh in the financial year. Form 15CB applicability also ends where the payer holds an Assessing Officer's certificate or order; Part B of Form 15CA then applies.
The Form 15CB requirement counts the year's aggregate payments, under Rule 37BB:
| Situation | Part of Form 15CA | Form 15CB? |
|---|---|---|
| Taxable, up to ₹5 lakh in the year | Part A | No |
| Taxable, above ₹5 lakh, with a certificate under section 197 or an order under section 195(2) or 195(3) of the Income-tax Act, 1961 | Part B | No |
| Taxable, above ₹5 lakh, no such certificate or order | Part C | Yes |
| Not chargeable to tax | Part D | No |
| Not chargeable and in the specified list of 33 payment types | None | No |
Under the Income-tax Act, 2025, Part B needs a certificate under section 395(1) or an order under section 395(2), and it must be in hand before payment.
How do Form 15CA and 15CB work together?
Form 146 comes first and Form 145 follows (Form 15CB and Form 15CA for remittances up to 31 March 2026). The department's Form 145 FAQs set out the e-filing portal steps.
- Payer: open My Account, choose Add CA, enter the accountant's membership number and select Form No. 146.
- Accountant: log in as a registered chartered accountant, open e-File, Income Tax Forms, File Income Tax Forms, choose Form 146 and enter the payer's PAN.
- Accountant: complete the remitter, remittee, remittance, taxability and TDS details, enter the UDIN and e-verify with the accountant's registered DSC to receive an acknowledgement number.
- Payer: open Form 145, select Part C and enter that acknowledgement number to prefill it.
- Payer: e-verify Form 145 with a DSC or an electronic verification code (EVC); a payer filing with its TAN must use a DSC.
- Payer: give the filed Form 145 and its acknowledgement to the authorised dealer bank before the remittance, as Rule 220(4) requires.
| Point | Form 145 (earlier Form 15CA) | Form 146 (earlier Form 15CB) |
|---|---|---|
| Who files and signs | The payer (remitter) | A chartered accountant the payer assigns |
| Nature | Payer's declaration of the remittance | Accountant's certificate on taxability and the TDS rate |
| When needed | Before each remittance to a non-resident, except the non-taxable remittances Rule 220(3) exempts | Part C of Form 145 only |
| Verification | DSC or EVC; DSC is mandatory for TAN users | The accountant's registered DSC only |
Form 15CB documents required before filing
- Remitter: name, address, PAN and TAN.
- Remittee: name, address, country of residence and PAN or, without one, its Tax Identification Number (TIN).
- Remittance: country, currency, amount payable, proposed date and whether tax is grossed up.
- Nature and purpose: the nature of the payment, its RBI purpose code, and the invoice and agreement.
- Bank: bank details with IFSC and BSR codes, and the authorised dealer's name.
- Treaty claim: the vendor's tax residency certificate (TRC) and Form 41 (Form 10F under the 1962 Rules).
- Business income: the vendor's no-PE certificate or self-declaration.
What does the chartered accountant examine under the tax treaty?
The accountant first tests whether the payment is taxable in India under sections 5 and 9 of the Income-tax Act, 1961 or, for income of tax year 2026-27, of the Income-tax Act, 2025, ignoring any treaty. Next, the Double Taxation Avoidance Agreement (DTAA) may give a lower rate or an exemption. Form 15CB records the treaty article relied on and the TDS rate that results.
Royalties, technical fees and interest follow the matching DTAA article; business income turns on whether the vendor has a permanent establishment (PE) in India.
Treaty questions often go to withholding tax and treaty advisory.
What changes under the Income-tax Act, 2025 and Form 146?
For remittances from 1 April 2026, the Form 146 income tax certificate replaces Form 15CB and Form 145 replaces Form 15CA. For Form 146 under the Income-tax Act, 2025, the base is section 393 and Rule 220 of the Income-tax Rules, 2026. The ₹5 lakh threshold, the accountant's role and the timing do not change.
Practical changes are set out in the department's FAQs and guidance notes on forms under the Income-tax Rules, 2026:
- Accountant details: the accountant's PAN and Firm Registration Number (FRN) are added for checks against departmental records.
- One form per payment: one Form 146 can be consumed by only one Form 145.
- Capital gains: a new table captures the sale date, consideration and acquisition date.
- Dating: "tax year" replaces assessment, financial and previous year references.
Which firms and advisers can help with foreign remittance compliance?
HSAG Consulting Private Limited is a founder-led professional services firm headquartered in Mumbai. It has been the exclusive IR Global member for Corporate Services in India since September 2026. It lists certificates for remittances and foreign transactions among its certification and attestation services; the certificate itself is signed by a chartered accountant in practice. Its assurance practice covers certifications under income tax and the Foreign Exchange Management Act, 1999 (FEMA).
Common Mistakes in Form 15CB for Foreign Vendor Payments
Many errors sit in the payer's documents.
- Treating every import as a Form 15CB case. Payment towards imports (purpose code S0102) is on the Rule 37BB specified list; if not chargeable, neither form is needed.
- One certificate for several remittances. Each Form A2 at the bank carries one Reserve Bank of India (RBI) purpose code, so each remittance needs its own Form 145 and Form 146.
- Claiming the treaty rate without a TRC.
- Skipping the no-PE declaration. Business income claims need the vendor's no-PE certificate or self-declaration.
- Filing late. Both forms must exist before the remittance.
A Mumbai manufacturer may import a machine and separately pay installation engineers: the machine may need no forms, while the installation charge is tested under section 9 of the Income-tax Act, 2025 and the treaty. One ledger line for both risks over-deduction and a later refund linked to a foreign remittance.
What happens after Form 15CB is filed?
After the upload, the payer files Form 15CA and pays the vendor net of the certified TDS. For a remittance made on or after 1 April 2026, the bank then reports it in its quarterly statement in Form 147 (earlier Form 15CC) within fifteen days of the quarter's end, under Rule 220(6) of the Income-tax Rules, 2026. Rule 37BB(7) of the Income-tax Rules, 1962 governed earlier remittances.
Once Form 145 Part C uses it, Form 146 shows "Consumed". The tax deducted goes into Form 27Q, the quarterly TDS statement for non-resident payments (Form 144 under the 2026 Rules).
Both sides face penalties: ₹1 lakh for the payer under section 462 of the Income-tax Act, 2025 (section 271-I of the 1961 Act), and ₹10,000 per incorrect certificate for the accountant under section 463 (section 271J of the 1961 Act).
Need Form 15CB Certified Before Your Next Vendor Payment?
Share the invoice, agreement and the vendor's tax residency documents so a practising chartered accountant can review the payment before remittance. Speak to the certification team.
