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Form 15CB Certificate

Form 15CB is the Chartered Accountant's certificate confirming the tax position on a foreign remittance required only when a taxable payment to a non-resident exceeds ₹5 lakh in a financial year.

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Form 15CB is the Chartered Accountant's certificate confirming the tax position on a foreign remittance required only when a taxable payment to a non-resident exceeds ₹5 lakh in a financial year. From 1 April 2026, it's renamed Form 146 under Section 393 of the Income-tax Act, 2025, alongside the remitter's own declaration, now Form 145 (formerly Form 15CA). TaxLegit reviews the underlying treaty position and issues the certificate so your bank can release the transfer.

What Is Form 146 (Formerly Form 15CB)?

Form 146 is a certificate issued by a practising Chartered Accountant confirming the taxability of a payment to a non-resident or foreign company, the correct rate of tax deduction, and compliance with the applicable Double Taxation Avoidance Agreement required before an Authorised Dealer bank will release the transfer. It sits alongside Form 145, the remitter's own electronic declaration; the CA certificate is not always required, only where the remittance is taxable and crosses the threshold.

Not Every Remittance Needs a CA Certificate

Rule 37BB splits Form 145 (formerly 15CA) into four parts, and only one actually requires Form 146:

Part A

The remittance, or total remittances in the tax year, does not exceed ₹5 lakh. Filed by the remitter alone no. CA, no. Form 146.

Part B

The remittance exceeds ₹5 lakh, but a certificate or order under Section 393(2)/393(3) (formerly Sections 195(2)/195(3)/197) has already been obtained from the Assessing Officer. No Form 146 is needed here either.

Part C

The remittance exceeds ₹5 lakh, and the payment is chargeable to tax. This is the only part that requires Form 146.

Part D

The payment is not chargeable to tax at all, typically because it falls within the 33 categories listed under Rule 37BB (for example, certain import-of-goods payments). No CA certificate needed.

Treating every foreign transfer as automatically requiring a CA certificate is a common and costly misunderstanding—it's worth checking which part actually applies before assuming you need one.

Where Form 146 Certification Actually Earns Its Keep

When we certify a remittance, the work is in reading the applicable tax treaty correctly, particularly for

Software and SaaS subscriptions

Drawing the line between a plain business purchase and taxable royalty income under Section 9(1)(vi).

Foreign consultancy and management fees

Whether the fee creates a permanent establishment in India or qualifies for a reduced treaty rate.

Intra-group outflows

Loan interest, brand-licensing royalties, and dividends paid to an overseas parent.

Freelance and contractor payments abroad

Confirming whether the DTAA rate or the domestic withholding rate applies.

Frequently Asked Questions

Remittances completed before 1 April 2026 keep their Form 15CA/15CB record as valid proof; anything remitted on or after that date needs Form 145/146.

Only when the remittance is taxable in India and exceeds ₹5 lakh in the financial year this is "Part C" under Rule 37BB.

No, Payments below ₹5 lakh, payments already covered by an AO order, and payments falling within the 33 Rule 37BB exemption categories don't require Form 146.

Form 145 is the remitter's own electronic declaration; Form 146 is the independent CA certificate required only for taxable remittances above the threshold.

The bank won't process the transfer without the acknowledgement numbers, and separately, non-furnishing of the required information can attract a penalty under Section 462 (formerly Section 271-I).

It depends on the specific arrangement and the applicable treaty this is one of the most commonly disputed categories and needs a case-specific review rather than a blanket answer.

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