Foreign Remittance After 1 April 2026: Choosing Forms 145, 146 and 41
A new form number does not remove the old tax question
Foreign remittance compliance changed from 1 April 2026, but the central question remains the same: is the amount proposed to be paid to a non-resident chargeable to tax in India?
The new framework uses Form 145 in place of Form 15CA, Form 146 in place of Form 15CB and Form 41 in place of Form 10F. Section 393 broadly performs the withholding role earlier associated with Section 195, while Rule 220 contains the reporting framework for qualifying payments to non-residents and foreign companies.
The danger is to treat the change as a portal exercise. A remitter may select the wrong part of Form 145, obtain a CA certificate without adequate documents or claim treaty relief without completing Form 41 and Tax Residency Certificate requirements. The form may be filed, yet the underlying tax position may remain weak.
First decide whether the remittance is taxable
Before selecting any form, identify the real nature of the payment. Common examples include professional fees, software or database payments, royalty, interest, property-sale proceeds, inheritance, reimbursement, dividend, capital-gain proceeds and NRO account repatriation.
The description on an invoice is not conclusive. The agreement, scope of work, source rules, recipient’s residential status and the relevant Double Taxation Avoidance Agreement must be reviewed together. If a DTAA is relied upon, the applicable treaty article, beneficial ownership, Permanent Establishment exposure and documentary conditions also require examination.
Which part of Form 145 applies?
Form 145 has four operational routes:
• Part A generally covers a taxable remittance where the amount or aggregate of relevant remittances does not exceed Rs. 5 lakh during the tax year.
• Part B applies where the taxable amount exceeds Rs. 5 lakh and an appropriate Assessing Officer certificate under Section 395 is available.
• Part C applies where the taxable amount exceeds Rs. 5 lakh and Form 146 has been issued by a Chartered Accountant.
• Part D applies to a remittance not chargeable to tax in India, subject to Rule 220 and the prescribed exclusions.
The Rs. 5 lakh figure should not be applied in isolation. Taxability comes first. A large non-taxable payment does not automatically require Form 146 merely because it exceeds the threshold, and a smaller taxable payment may still require correct withholding and Form 145 reporting.
Form 146 is a tax opinion supported by documents
Form 146 is not merely a bank certificate. The Chartered Accountant must evaluate the remitter, the foreign recipient, the nature of the remittance, domestic taxability, DTAA treatment and the amount of tax required to be deducted.
A properly prepared file ordinarily includes the agreement, invoice, bank details, remittance purpose, recipient details, source of funds, tax computation, relevant treaty article, Tax Residency Certificate, Form 41 where applicable, Permanent Establishment declaration and evidence of tax deduction or an Assessing Officer certificate.
For NRO repatriation, the file may also require bank statements, source-of-funds documents, sale deeds, inheritance papers, capital-gain computation, return acknowledgements, tax challans and TDS credit reconciliation. The Form 145 and Form 146 CA certificate service explains the professional documentation process.
Why Form 41 matters for DTAA relief
Form 41 carries prescribed information from a non-resident claiming treaty treatment. It works with the Tax Residency Certificate; one should not assume that a TRC by itself answers every treaty-documentation requirement.
Where the TRC does not contain all prescribed particulars, Form 41 helps complete the record. Eligible non-residents who do not hold and are not required to hold an Indian PAN may use the separate non-resident taxpayer registration process described by the Income Tax Department.
A practical filing sequence
Use this order before releasing funds:
1. Identify the recipient and beneficial recipient.
2. Determine the legal character of the payment.
3. Apply Indian source and charging provisions.
4. Examine the relevant DTAA.
5. Collect the TRC, Form 41 and declarations.
6. Determine Section 393 withholding.
7. Consider a lower or nil deduction route under Section 395 where justified.
8. Prepare Form 146 if Part C applies.
9. File the correct part of Form 145 before remittance.
10. Reconcile the forms with the agreement, books, tax challan, RBI purpose code and bank request.
Key takeaway
Forms 145, 146 and 41 are connected parts of one tax analysis. The safest approach is to complete the taxability and treaty review before the bank asks for documents. A consistent transaction file is more valuable than a form prepared at the last minute.