Who files Form 15G / 15H?

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Answer

Resident individuals within the eligibility conditions — and specifically not non-residents. The obligation is decided by facts rather than by tax owing, which is why a nil position does not remove it.

The rule on who files

Resident individuals within the eligibility conditions — and specifically not non-residents.

The team at work in the open-plan office

When the rule breaks

NRIs are outside these declarations entirely. An NRI who files one to stop deduction on an Indian deposit has made an invalid declaration; the right route is the lower-deduction certificate.

Who files Form 15G / 15H?
ItemAmount
Income taxed in both countriesC$136,000
Tax paid abroad (assumed 28%)C$38,080
Home tax on the same income (assumed 36%)C$48,960
Credit available (lesser of the two)C$38,080
Home tax still payableC$10,880

The credit absorbs C$38,080 and leaves C$10,880 payable at home, because the home rate on this income is the higher of the two. The balance is real cash and it is due on the home timetable, which is why instalments get raised in the first meeting.

Treat these numbers as a worked example rather than advice — they exist to make the mechanics visible, and the rates and thresholds are assumed for the illustration. For a real filing, we verify each figure with the authority that publishes it, for your year.

Where to go from here

The full treatment — who it binds, the deadline, the penalty and the fixed fee — is on Form 15G / 15H — no-deduction declarations in India. Whatever you have is enough to start the conversation, including nothing but the dates.

Reviewed against current guidance for the 2025 and 2026 filing seasons by Udit Gupta, Cross-Border Tax Expert, Legal Quotient Consultants. Published as general information. For a position on your own file, call the 24-hour helpline.

Where who has to file US tax return comes into this file

If you came here for who has to file US tax return, this is where it is dealt with. The subject is Form 15G / 15H, and the page covers who it reaches, what then has to be filed, and what we charge to do the work.

Files that look like this one

Case study 1

Invalid declaration withdrawn and the certificate route used instead

A depositor had been signing declarations at an Indian branch each year while living abroad, on the branch's own suggestion. We stopped the practice first, told the payer in writing that the declarations should not have been given, and let deduction resume at the default rate. We then applied for authorisation to deduct at a lower rate on the deposits for the current year. The engagement produced a withdrawn declaration, a compliant deduction in the meantime, and an authorisation that achieved lawfully what the declarations had been doing improperly.

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Case study 2

Years of undeclared Indian interest brought into returns

A client's Indian deposits had borne no deduction for several years because a declaration sat on file, and the interest had never been reported anywhere. The declaration was invalid and the income was taxable. We established the residence position for each year, computed the interest, and brought the open years into returns with the tax paid. The engagement produced a set of filed years, settled tax on income that had been outside the system, and a corrected instruction to the bank so that the gap did not continue.

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Case study 3

Joint deposit split between a resident and a non-resident holder

A deposit was held jointly by a parent in India and a child living abroad, and one declaration in the parent's name had been covering the whole of the interest. We established whose money had funded the deposit and whose income the interest actually was, then dealt with the two shares separately. The engagement produced a declaration covering only the resident's share, deduction applied properly to the other share, and a record of the funding that supports the split if it is examined later.

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Case study 4

Branch given a written refusal instead of an invalid declaration

A branch would not process a deposit renewal without a declaration the client was not entitled to sign, and the client was close to signing it simply to end the argument. We wrote to the branch setting out why residence takes the depositor outside the declarations and what the bank should do instead, and dealt with the deduction question separately. The engagement produced a renewal completed without an invalid document on the file, and a letter the client now uses whenever the request comes round again.

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Case study 5

Year of return examined before any declaration was signed

A client came back to India part way through a year and wanted to resume signing declarations at the bank as before leaving. The year of arrival was the difficult one, with income arising on both sides of the move. We tested the residence position for that year and the eligibility conditions as they would stand at the moment of signing. The engagement produced a considered decision to wait until the following year, deduction taken in the meantime, and a return that reflected the split year properly.

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Case study 6

Stale declaration at one payer while another deducted correctly

A non-resident had income from two Indian payers. One deducted at the default rate, the other held a declaration from years earlier and deducted nothing, and the inconsistency had never been noticed. We reviewed both relationships, had the stale declaration withdrawn, and brought the untaxed receipts into the return. The engagement produced consistent treatment across both payers, a filed position covering the income that had escaped deduction, and one set of instructions for the client to give any future Indian payer.

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Case study 7

Leaving Canada — the Bill You Get for Assets You Still Own

Emigrating triggers a deemed disposition of most holdings, which produces tax on gains never realised in cash. The file values the property, identifies what is excluded, and looks at whether security can be posted rather than the tax paid outright.

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Case study 8

A US Filer Married to Someone Outside the System

Electing to treat a non-resident spouse as a US filer buys joint rates and brings that spouse's worldwide income and foreign accounts into the return. The election is easy to make and hard to revoke, so both positions are modelled first.

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All case studies — every published engagement in one place.

Core International & Cross-Border Tax Services

International Tax Planning & Advisory

Strategy and compliance for income, assets and families spread across borders.

One coordinating team: filings on every side of the border are sequenced so treaty relief and foreign tax credits are claimed once — and in the right country.

U.S. & Cross-Border Tax Returns

Dual filers: U.S. citizens in Canada and Canadians with U.S. income run two parallel systems — we prepare both, in the right order, every year.

Expat & Emigration Tax

The move year is its own project: the elections and valuations filed that year decide the next decade of both countries’ returns.

Non-Resident Canadian Tax

Default withholding is 25% of gross: elective returns routinely turn over-withheld rent and pensions into refunds.

Transfer Pricing & BEPS

Documentation prepared with the return is the cheapest insurance in international tax; reconstructing it during an audit is the most expensive.

Cross-Border Estates & Trusts

Wills drafted for one country routinely misfire in the other — deemed disposition here, estate tax there, credits in between.

Cross-Border Corporate Tax

Expansion raises the same four questions every time — entity, PE, repatriation, payroll. We answer them before the tax authorities do.

India Tax for NRIs & Returning Residents

The deduction is taken on the sale price, not the gain — which is why an NRI property sale strands cash unless the certificate is applied for before closing.

Canadian Tax with a Foreign Element

Residency is decided on facts, not on a form — and the year you arrive or leave is the one where the largest amounts turn on the smallest details.

UAE Tax for Expats & Their Home Country

A zero-tax country is only half the answer — the question that decides the bill is whether the country you came from still treats you as resident.

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Firms and partners working across borders meet Regulation 105 withholding, PE risk on long engagements and per-country payroll for travelling staff.

A partnership is taxed in the hands of its partners, so one engagement abroad can reach every partner's personal return. The order matters: the waiver is applied for before the invoice, the presence is tracked before it becomes an establishment, and the payroll is registered before the first day worked in the other country.

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Form 15G / 15H: further questions

Can an NRI submit Form 15G or 15H on an Indian deposit?

No. These declarations are open to resident individuals within the eligibility conditions, and not to non-residents at all. An NRI who signs one to stop deduction on an Indian deposit has made a declaration they were not entitled to make, which is a worse place to be than the deduction it was meant to avoid. A deduction is a timing problem with a refund at the end of it. A declaration you had no right to give is not. Where a non-resident genuinely expects little tax, the route is the lower-deduction certificate.

I gave the bank a declaration before I moved abroad — is it still valid?

A declaration reflects the position you were in when you signed it, and it does not follow you across a change of residence. Once you are non-resident for a year, a declaration sitting on file at the branch for that year is not something to rely on, whatever the bank's system still shows. The step to take is to tell the bank your position has changed, have your account records updated to reflect your residence, and deal with deduction through the route actually open to you. A stale declaration is the thing to avoid.

Why does my bank keep asking for a declaration I cannot give?

Because branch processes are built around resident depositors, and the declaration is the ordinary way a resident with no tax to pay stops deduction. Staff reach for it by habit when a depositor says they expect no liability. It is not available to you as a non-resident, and signing it to make the request go away creates a problem the deduction never would. What to tell the branch is that your residence takes you outside the declarations altogether, and that any reduction has to come from a certificate the department issues.

What happens if I already filed one while I was non-resident?

Deal with it deliberately rather than hoping it passes unnoticed. Tell the payer the declaration should not have been given and ask for deduction to be applied normally from here, so that the problem stops growing. Then bring the income into a return for the years concerned and settle the tax on it, which removes the revenue consequence even though it does not unmake the document. Coming forward is materially better than answering a query about the gap between a declaration of no liability and the income actually received.

I am resident again after years abroad — can I use the declaration now?

Residence is determined year by year, so returning can bring you back inside the declarations for a year in which you qualify. Two cautions. Eligibility depends on the conditions being met in the year you sign, not on your being resident in a general sense, so this is a yearly judgement rather than a standing arrangement. And the year of return is often the awkward one, because income can arise on both sides of the move. That is the year to look at properly before signing anything at a branch.

My spouse in India signed one for our joint deposit — does that cover me?

No. A declaration is personal to the person whose income is being declared, and on a joint deposit the interest is not automatically all one person's income. If part of it belongs to you and you are non-resident, your part sits outside the declarations however your spouse's part is treated. Joint holdings between a resident and a non-resident family member are one of the commonest places this goes wrong, so it is worth establishing whose income the interest actually is before deciding how deduction should be handled.

How does a remittance actually work, and is it taxed?

A remittance is a transfer of money, not a category of income, and moving your own funds between your own accounts is not what creates tax. What can create tax is the income behind the money and the rules of the country it leaves. India, for instance, collects tax at source when a resident individual remits abroad under the Liberalised Remittance Scheme, and requires certification before certain payments leave. The transfer is the trigger for paperwork rather than for tax. See the LRS and tax collected at source.

Is moving money between my own accounts in two countries taxable?

Moving your own capital between your own accounts is not itself income, so the transfer is not what creates tax. What can create tax or reporting is the income the money earned before it moved, a foreign-exchange gain on certain holdings, and the reporting obligations the balances themselves trigger — foreign account and asset reports keyed to balances rather than income. Remittances out of some countries also need certification before the bank will send them. See foreign account reporting.

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