Planning to send money abroad? Here’s what taxpayers should know about new income tax forms 145 and 146
1. The Core Purpose: Direct Successors to 15CA & 15CB
- Form 145 (The Old Form 15CA): This is a self-declaration filed by you (the remitter) detailing the nature of the foreign transfer, recipient information, and Tax Deducted at Source (TDS) eligibility.
- Form 146 (The Old Form 15CB): This is a professional tax determination certificate issued exclusively by a Chartered Accountant (CA). It certifies that Double Taxation Avoidance Agreement (DTAA) provisions and correct domestic TDS rates have been verified.
2. The Critical Threshold is ₹5 Lakhs
- For any cumulative foreign remittance exceeding ₹5,00,000 within a single financial year, strict certification rules apply.
- If your transaction is taxable and crosses this ₹5 Lakh boundary, you cannot file Form 145 independently. You must first obtain a certified Form 146 from a registered CA.
3. Understanding the 4 Parts of Form 145
- Part A: Filled if the transfer is taxable but the total remittance amount does not exceed ₹5 Lakhs in the financial year.
- Part B: Filled if the transfer exceeds ₹5 Lakhs, but you have already obtained an official lower/nil tax deduction certificate from an Assessing Officer (AO).
- Part C: Filled if the transfer exceeds ₹5 Lakhs and relies on a CA’s verification via Form 146.
- Part D: Reserved for foreign transfers that are completely exempt from tax under Indian laws.
4. Step-by-Step CA Assignment Process
- Log into your account on the Income Tax Portal.
- Navigate to Authorised Partners > My Chartered Accountants (CA) and click Add CA.
- Provide your accountant’s active CA Membership Number.
- In the assignment prompt, select “Forms as per the Income Tax Act, 2025”, pick Form 146, and click submit.
- Your CA can then use their Digital Signature Certificate (DSC) to submit Form 146, which automatically pre-fills your Form 145 Part C.
5. Strict “Before-the-Fact” Timeline
- These forms are strictly event-based compliance tools.
- There is no retrospective filing or post-transfer grace period. The entire portal workflow—including your CA’s digital signature validation—must be fully processed before the bank initiates the money wire.
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