International tax, NRI · FEMA Compliance
Schedule FA, Foreign Asset Disclosure in ITR: What, When, How
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Facts
Every ROR (Resident Ordinarily Resident) must disclose ALL foreign assets in Schedule FA of their ITR, bank accounts, property, shares, ESOPs, signing authority. Missing even one account: Black Money Act. Penalty: ₹10L per undisclosed asset. No time limit for IT to reopen. This is the one compliance you cannot skip.
Provisions and law
- Sec 263 (old 139), mandatory filing
Analysis
FATCA is real and it works: Indian IT department receives automatic data from USA, UK, Canada, Australia, UAE (from 2024), Singapore, and 100+ countries annually. Foreign banks report Indian customers. If you haven't disclosed: IT already knows. What must be disclosed: Any bank account where you are owner OR signing authority. ESOPs of foreign company (even unvested, even zero value). Foreign property. Shares in foreign company (even a startup equity grant worth $1). Trust as beneficiary. What details are needed: For each bank account: peak balance during year (highest balance on any single day), closing balance (March 31), interest earned, account number, SWIFT/IBAN, country. For ESOPs: company name, number of shares, acquisition date, cost, value.
Conclusion
- List every foreign bank account (checking, savings, FD, brokerage), include closed ones (peak balance year still needed)
- List all foreign property: residential, commercial, land
- List all ESOPs/RSUs from foreign company employers, even unvested
- List signing authority in any foreign entity (director, trustee, authorized signatory)
- Get peak balance statements from each foreign bank for the FY
- Get ESOP statement from foreign employer showing shares and values
A Savvy can do this for you
Foreign shares, RSU and ESOP sale with Schedule FA
₹3,999
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