• Details to be filled in 15CB on sale of property by NRI

Hi

Need guidance on filing form 15CB

Facts of the Case

1. NRI sold property for 56 lakhs

2. Buyer Deducted TDS u/s 195 @22.88% on whole consideration (Rs. 12,81,280) on 30/10/2019

3. Balance amount about Rs. 35 lakhs (after spending for tickets and all ) is there in NRO account 

4. Buyer gave Form 16A

5. Seller wants to repatriate Rs. 15 lakhs to NRE account ( NOT FULL MONEY RECEIVED)

MY question is wrt to issues in filing form 15CB as bank is insisting which am trying to do first time

POINT AS IN FORM 15 CB which am reproducing ON which am confused on how to frame

7. In case the remittance is net of taxes, whether tax payable has been grossed up ? 

8. Taxability under the provisions of the Income-tax Act ( without considering DTAA)

 i. is remittance chargeable to tax in India
 ii. if not reason thereof
 iii. if Yes,
 a) the relevant section of the Act under which the remittance is covered
 b) the amount of income chargeable to tax
 c) the tax liability
 d) basis of determining taxable income and tax liability 


9 left as no relief under DTAA

10. Amount of TDS
 In foreign currency
 in Indian rs

11. Rate of TDS

12. Actual amount of remittance after TDS ( in foreign currency)

13. Date of deduction of tax at source, if any

Also for amount in foreign currency which rate is to be used ?

Regards
Vijayaram
Asked 5 years ago in Capital Gains Tax

Hi

 

In my opinion, since it's only a transfer from a person's account to his another account, there are n taxes concerned and thus there's no requirement of Form 15CB.

 

Though the banks may ask for form 15CA.

Lakshita Bhandari
CA, Mumbai
5687 Answers
942 Consultations

15CB would be required by bank for transfer from NRO to NRE account.

You need to mention NRO to NRE transfer.

No need to mention about any taxability since this has no link with sale of land or anything.

You need to mention amount in Rs.

If you need assistance in making 15CB I can assist you.

 

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

Hello,

 

15CA & CB would be required.

Not required to mention the taxability part of Form 15CB. The amount would be mentioned in Rs.

Advisable to consult a practicing CA directly since Form 15CB requires certification from a practicing CA.

I hope that this answer satisfies your requirements. For further understanding, you can contact us directly at or take a phone consultation.

 

Regards,

CA Hunny Badlani

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

Dear Sir,

 

Hope you are doing well !!

 

1. There is no need to mention about any taxability.

 

2. You just need to mention NRO to NRE transfer.

 

3.Actual amount of remittance after TDS ( in Indian currency).

 

4.15CA & 15CB would be required.

 

It is advisable to take a phone consultation for detailed discussion.

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

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