We have compiled answers to the most common questions NRIs ask about Form 145, Form 146, Lower TDS Certificates, and NRI ITR filing. If your question is not listed here, email us at hello@nritaxca.com — we respond within 2 hours.
Form 145 & Form 146 — General Questions
What replaced Form 15CA and Form 15CB?
From 1 April 2026, Form 15CA has been replaced by Form 145 and Form 15CB has been replaced by Form 146 under the Income Tax Act 2025. If your bank is still asking for Form 15CA or Form 15CB after this date, show them the new Form 145 acknowledgement and Form 146 certificate — these are the legally valid replacement documents.
Is Form 146 mandatory for every remittance?
No. Form 146 is required only when the remittance is chargeable to tax in India and Form 145 Part III is being filed. Remittances below ₹5 lakh in a financial year that are not taxable in India can use Form 145 Part I without a CA certificate. However, most property sale proceeds and NRO account remittances require Form 145 Part III — which means Form 146 is mandatory.
Can I file Form 145 myself without a CA?
Form 145 itself can be filed by the remitter on the Income Tax portal. However, if your remittance requires Part III, you must first obtain Form 146 from a practising Chartered Accountant — Form 146 cannot be self-filed. Only an ICAI-registered CA can issue Form 146.
How long does Form 145/146 take?
Our standard turnaround is 24–48 hours from the time we receive your complete documents and payment. In most cases we deliver the same day. We will confirm the expected delivery time in our quote email.
What happens if I do not file Form 145?
Under the Income Tax Act 2025, failure to file Form 145 when required attracts a penalty of ₹1 lakh. Additionally, your bank will refuse to process the international transfer without the required documentation. Timely compliance protects both your remittance and your tax record.
Does Form 145/146 apply to NRE account transfers?
Generally no. NRE accounts hold foreign income which is freely repatriable and not taxable in India. Form 145/146 is primarily required for NRO account remittances which hold Indian-source income (property sale proceeds, rental income, NRO interest, etc.).
My CA says Form 15CB is still valid. Is this correct?
No. Form 15CB was replaced by Form 146 on 1 April 2026. Any CA issuing Form 15CB after this date is filing under superseded law. Banks following the new Income Tax Act 2025 should accept only Form 146. If your bank is accepting old forms during a transition period, that is a bank-level grace period — not a legal authorisation. We only file under the current law using Form 145 and Form 146.
Lower TDS Certificate (Form 128)
What is the Lower TDS Certificate and why do I need it?
When an NRI sells property in India, the buyer is required to deduct TDS at 20%+ on the entire sale value — not just the profit. On an ₹80 lakh sale, that is ₹16 lakhs withheld. A Lower TDS Certificate (Form 128, erstwhile Form 13) is an order from the Income Tax Officer instructing the buyer to deduct TDS only on the actual taxable capital gain. In most property sales, this saves ₹10–20 lakhs that would otherwise be locked up with the tax department until you file an ITR and wait months for a refund.
How long does the Lower TDS Certificate take?
The Income Tax Officer typically processes Form 128 applications within 15–30 days, though complex cases can take longer. We recommend applying as early as possible — ideally before signing the sale agreement. We handle the full application, computation, and IT officer correspondence from ₹7,999.
Who is eligible for a Lower TDS Certificate?
Any NRI selling Indian property where the actual tax liability (on capital gains after exemptions) is less than 20% of the full sale value. Eligibility is assessed based on your indexed cost of acquisition, applicable exemptions under Section 54, 54EC or 54F, and DTAA benefits. We provide a free eligibility check — email us your property details and we will confirm whether you qualify before you commit to the service.
Can I apply for the certificate after the property sale?
The Lower TDS Certificate must be applied for before the property registration. Once the sale is complete and TDS has been deducted, you cannot reduce it retroactively. Your only option at that stage is to file an ITR and claim a refund — which works but means waiting months for your money. Apply early.
NRI Income Tax Return (ITR)
Is an NRI required to file an ITR in India?
Yes, if your Indian income exceeds the basic exemption threshold (₹3 lakh under the new tax regime for FY 2025-26), or if TDS has been deducted and you wish to claim a refund. NRIs are also required to file if they have capital gains from property or shares, even if the income is below the exemption limit, in certain circumstances.
What documents do I need to file my NRI ITR?
PAN card, passport, Form 26AS and Annual Information Statement (AIS) from the Income Tax portal, bank statements for Indian accounts, details of any property sold or rented, Tax Residency Certificate from your country of residence (for DTAA claims), and details of foreign tax paid (for Form 44 / foreign tax credit). We will provide you a specific checklist once you share your situation with us.
What is the ITR filing deadline for NRIs?
The standard deadline is 31 July each year for the preceding financial year. For FY 2025-26 (income earned between April 2025 and March 2026), the deadline is 31 July 2026. NRIs with audit requirements have a later deadline of 31 October. We recommend filing well before the deadline to avoid penalties.
Process & Security
How do I share my documents with you?
Everything is handled 100% over email. You share your documents via email or our secure intake form. We use 256-bit encrypted file handling and comply with India’s Digital Personal Data Protection Act (DPDP). Your documents are used only for the purpose of your filing and are not retained beyond what is legally required.
When do I pay?
You pay only after you receive and approve our fixed quote. We send a written quote within 2 hours of reviewing your case. If you are not satisfied with the quote, you are under no obligation to proceed. Payment is required before we begin the actual filing.
Do I need to visit any office?
No. The entire process is done remotely via email. You do not need to visit our office or any government office. We file everything on the Income Tax portal on your behalf and deliver the certificates directly to your email — ready to submit to your bank.
Are you ICAI registered?
Yes. Every Form 146 certificate is issued under the professional signature of a Fellow Chartered Accountant (FCA) registered with the Institute of Chartered Accountants of India (ICAI). Our team also holds CPA Australia qualification. ICAI registration is a legal requirement for issuing Form 146 — certificates from non-ICAI members are invalid and will be rejected by banks.
Still have a question? Email us at hello@nritaxca.com — we respond within 2 hours during IST business hours.