Annual Membership fee-Required to issue 15CB instead of 15 CA Part-D?

We have been using the U.S. Software in India, paying annual fee for subscripttion of software.
Here TDS is not applicable because it is other services

Now , do we need to issue the 15CB OR 15CA Part A /D??
Replies (2)
Quick Summary
This discussion clarifies whether an annual membership fee for US software used in India requires issuing Form 15CB or 15CA Part D. Generally, TDS isn't applicable if the fee is solely for software use and not royalty or technical services. If the remittance exceeds ₹5 lakh, Form 15CA Part C is usually needed. If no tax is due or the amount is below ₹5 lakh, Form 15CA Part D may suffice, with a CA certifying no TDS is required. Form 15CB is necessary when TDS is applicable.

As per the provisions of the Income Tax Act, TDS is applicable on payments made to a non-resident for services rendered in India or for services that are utilized in India. However, there is a specific provision under Section 9(1)(vi) of the Income Tax Act that exempts payments made for the use of computer software from TDS, provided that the payment is not in the nature of royalty or fees for technical services.

If the annual fee paid for the subscripttion of software is for the use of the software and does not involve any transfer of technology or technical knowledge, then it may not be considered as royalty or fees for technical services, and TDS may not be applicable.

If the payment for the annual membership fee is being made to a non-resident and the amount exceeds ₹5 lakh in a financial year, then Form 15CA Part C is generally required, not Part D, as it involves a taxable remittance under Section 195.

However, if the payment is below ₹5 lakh, or if there is no tax liability (i.e., the nature of the remittance is such that no TDS is applicable), then Form 15CA Part D can be filed, where the CA certifies that no tax is required to be deducted.

If TDS is applicable, then Form 15CB is required in addition to Form 15CA Part C, where the CA will certify the TDS deduction details.

To make the filing process easier and more efficient, you can use our Excel-based utility to generate Form 15CA and 15CB XML in bulk, saving time and ensuring compliance.

  • Bulk XML generation from Excel

  • Supports all parts – A, B, C, D & CB

  • Easy-to-use and portal-compliant

Download here: https://xltool.in/15ca-15cb/ | www.xltool.in

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 07 October 2026
Article assistant

S.K.Bajpai & Co.

Noida

B.Com

View Details
Company
16 October 2026
CA article trainee

Zerdi & Co. Chartered Accountants

Pune

CA Inter

View Details
Company
12 October 2026
Chartered Accountant - Internal Audit

HKC | Chartered Accountants & Business Advisors

Ludhiana

CA

View Details
Company
14 October 2026
Asst. Manager/Dy Manager (Costing)

manufacturing

Pune

CMA

View Details
Company
12 October 2026
Finance

I-Genext Consulting Private Limited

New Delhi

CA

View Details
Company
ARTICLESHIP 07 October 2026
Article Trainee/ CMA Trainee

RMA And Associates LLP

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 28 September 2026
Junior Accountant

J S P M & Associates LLP

Pune

B.Com

View Details
Company
Featured 03 October 2026
Accountant

A P Lodha and Associates

Jalna

B.Com

View Details