Who (Resident Buyer or NRI Seller) need to submit/furnish Form15CA and Form15CB?

I (Indian resident & citizen) am buying immvoable property(urban land) from a NRI seller. As per https://www.charteredclub.com/tds-property-purchase-nri/ , I need to pay Challan No./ ITNS 281, filing Form27Q and furnish Form16A to seller.

Apart from these, do I(or my CA) need to file Form 15CA and Form 15CB also online? or will Form15CA & 15CB will be taken care by NRI (or his CA)? For context, I am transfering the money to sellers NRO account in India.

Replies (2)
Quick Summary
This discussion clarifies who is responsible for furnishing Form 15CA and Form 15CB when a resident Indian buys property from an NRI seller. The consensus, supported by expert advice, is that the NRI seller is responsible for obtaining Form 15CB from a chartered accountant and then submitting Form 15CA. The resident buyer's primary duty is to deduct the applicable TDS.

Form 15CA AND FORM 15 CB NOT CHARGEABLE TO TAX LESS THAN 5 LACS.
RULE 37DB IS NOT REQUIRED.
IS IT ABOVE RS.5 LACS.
ChatGPT said:

In the case of sale of property by an NRI seller to a resident buyer, the NRI seller is required to furnish Form 15CB and Form 15CA. Here's the breakdown:

  1. Form 15CB:

    • The NRI seller needs to obtain Form 15CB from a chartered accountant. This form certifies that the correct TDS has been deducted and is in accordance with the tax laws for the capital gains on the sale of property.

  2. Form 15CA:

    • After obtaining Form 15CB, the NRI seller must submit Form 15CA. This form is a declaration made to the bank, confirming that the applicable taxes (including TDS) have been duly deducted and deposited before the remittance of the sale proceeds to the foreign account.

Process Overview:

  • NRI seller: Files Form 15CB and Form 15CA for remittance of proceeds.

  • Resident buyer: Does not need to file Form 15CA or Form 15CB; their responsibility is to deduct TDS (as applicable) and ensure the transaction is correctly reported.

Note: For easy filing and bulk XML generation, our Excel-based utility can help automate the process of generating Form 15CA and Form 15CB.

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

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