Form 15CA and 15CB are now Form 145 and 146: which part you file, and what the penalty really is
From 1 April 2026, Form 15CA and 15CB are Form 145 and Form 146 under rule 220 of the Income-tax Rules 2026. Which part you file depends on whether the payment is chargeable to tax and on the ₹5 lakh threshold. The penalty the Assessing Officer may impose for not furnishing it is a flat ₹1,00,000 under section 462, not a percentage of the remittance.
Harun Raaj
Chartered Accountant · Harun Raaj & Associates
The banker said "we'll take care of it." The forms are not the bank's to file. Under rule 220 of the Income-tax Rules 2026, the person responsible for paying a non-resident furnishes the information, and the bank receives it before it remits (rule 220(1) and (4)).
From 1 April 2026, Form 15CA is Form 145 and Form 15CB is Form 146. Rule 37BB of the Income-tax Rules 1962 has been replaced by rule 220 of the Income-tax Rules 2026 (Notification No. 22/2026, G.S.R. 198(E), in force from 1 April 2026). Before that date, the forms were Form 15CA and Form 15CB under Rule 37BB.
Which part of Form 145 you file
Rule 220 turns on two questions: is the payment chargeable to tax in India, and does it cross ₹5 lakh in the tax year?
- Chargeable to tax means the sum is taxable under the Income-tax Act in the hands of the non-resident who receives it. It stays chargeable even if an Assessing Officer certificate lowers or removes the TDS; that case goes in Part B, not Part D.
- The general TDS entry for other sums paid to non-residents is section 393(2) of the Income-tax Act 2025 (Table, Sl. No. 17). It carries forward section 195(1); the rest of section 195 moved to sections 395, 397 and 400.
- Tax year means the financial year, 1 April to 31 March (section 3(1)).
"Accountant" here means an accountant as defined in section 515(3)(b) of the Income-tax Act 2025 (rule 220(1)(c)).
What is exempt (rule 220(3))
No information is needed for a sum not chargeable to tax if:
- it is remitted by an individual and needs no prior RBI approval under section 5 of FEMA read with Schedule III to the Foreign Exchange (Current Account Transaction) Rules, 2000;
- it is remitted by a unit in an International Financial Services Centre referred to in section 147(1)(b); or
- it falls under one of the 33 purpose codes listed in the rule. These include travel for education (S0305) and for medical treatment (S0304), remittances by non-residents towards family maintenance and savings (S1301), personal gifts and donations (S1302), and several import and Indian-investment-abroad codes.
The exemption covers only sums that are not chargeable to tax. A chargeable payment goes through Part A, B or C whatever its purpose.
When and how
Form 145 is furnished electronically before the payment is made (rule 220(4)):
- under digital signature, then submitted to the bank, or
- electronically, with a signed printout given to the bank.
For any proceedings under the Act, an income-tax authority can ask the bank for a copy of a Form 145 furnished the second way (rule 220(5)).
The penalty: a flat ₹1,00,000
Under section 462 of the Income-tax Act 2025 (formerly section 271-I), if a person required to furnish the information under section 397(3)(d) fails to furnish it, or furnishes inaccurate information, the Assessing Officer may impose a penalty of ₹1,00,000 on that person.
This applies to tax years beginning on or after 1 April 2026. For a tax year that began before then, the penalty can still be imposed under the repealed Income-tax Act 1961 (section 536(2)(d) of the 2025 Act).
It is a fixed amount set by the section, not a percentage of the remittance or of the tax.
The accountant is exposed too. Under section 463, an accountant is liable to a penalty of ₹10,000 for each report or certificate with incorrect information, payable on the direction of the Assessing Officer, the Joint Commissioner (Appeals) or the Commissioner (Appeals) that finds it in the course of any proceedings under the Act.
NRO to NRE transfers
Two things to note:
- An NRI can remit up to USD 1 million per financial year from NRO balances (FEMA 13(R)/2016-RB, regulation 4(2)). Para 3.2 of the RBI Master Direction on Remittance of Assets includes "transfer to NRE and SNRR accounts" in that limit, so the transfer counts toward the USD 1 million.
- An NRO-to-NRE transfer is not one of the 33 purpose codes in rule 220(3).
Rule 220 does not name this transfer. Before you instruct it, ask your bank which part of Form 145 it needs, and have your CA confirm whether Form 146 applies.
The remittance is also "subject to the applicable tax laws in India" (FEMA 13(R)/2016-RB, regulation 8).
Questions
Are Form 15CA and Form 145 the same thing?
Form 145 is the form under rule 220 of the Income-tax Rules 2026, in force from 1 April 2026. Form 15CA was the form under Rule 37BB of the 1962 Rules. Form 146 likewise replaces Form 15CB.
Does my bank file it for me?
No. You furnish Form 145, and the bank receives it before it remits (rule 220(4)).
Is a CA certificate always needed above ₹5 lakh?
No. It is needed for a payment that is chargeable to tax and above ₹5 lakh, unless you hold an Assessing Officer certificate or order under section 395(1) or (2). In that case you file Part B instead (rule 220(1)(b) and (c)). A payment not chargeable to tax goes in Part D, unless rule 220(3) exempts it, and needs no Form 146 (rule 220(2)).
What is the penalty for not filing?
The Assessing Officer may impose ₹1,00,000 under section 462 of the Income-tax Act 2025, for tax years from 1 April 2026.
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I'm CA Harun Raaj, Visakhapatnam. If a remittance is coming up, write to me before you instruct the bank and we will work out which part applies.
See also
- US-India DTAA Article 15 vs Article 16: What ITA 2025 Actually Says About Your Salary
- Form 10F is not an email attachment: what ITA 2025 actually requires NRIs to file online
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See Also
Frequently Asked Questions
What is the penalty for not filing Form 15CA before remitting money outside India?
The penalty for non-filing of Form 15CA (Form 145) before a taxable remittance is 100% of the remittance amount, under Section 271-I of ITA 1961 and the equivalent provision in ITA 2025.
Is it the bank's responsibility to file Form 15CA or Form 145?
No. Form 15CA (Form 145) is the remitter's legal obligation, not the bank's. Banks process the wire transfer but do NOT file these forms. The bank's role is to verify that you have already filed Form 145 before they process your remittance by requesting the acknowledgement number.
When does Form 15CA become Form 145 under income tax act 2025?
Form 15CA is renamed Form 145 under ITA 2025, effective April 1, 2026. Both names refer to the same declaration; only the form number changed when ITA 2025 replaced ITA 1961.
Do I need Form 15CB certificate before filing Form 15CA?
Yes. You need Form 15CB (Form 146) BEFORE you can complete Form 15CA (Form 145) Part C. You must enter the CA's certificate details when filing your declaration in Part C.
What information must be declared in Form 15CA or Form 145?
Form 15CA (Form 145) declares: the nature of the payment being remitted, whether the payment is taxable in India, what TDS has been deducted or why deduction is not applicable, and the recipient's country and tax identification details.
Who issues Form 15CB certificate and what does it certify?
A Chartered Accountant issues Form 15CB (Form 146) on their own login on the Income Tax portal. They certify the nature of the remittance, whether it is taxable in India, the applicable TDS rate under domestic law or DTAA, and that TDS has been deducted or explain why it is not required.
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