International tax, NRI · FEMA Compliance

Schedule FA, Foreign Asset Disclosure in ITR: What, When, How

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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

Black Money Act 2015; Schedule FA, ITR-2/3; FATCA / CRS; 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.

Close

  1. List every foreign bank account (checking, savings, FD, brokerage), include closed ones (peak balance year still needed)
  2. List all foreign property: residential, commercial, land
  3. List all ESOPs/RSUs from foreign company employers, even unvested
  4. List signing authority in any foreign entity (director, trustee, authorized signatory)
  5. Get peak balance statements from each foreign bank for the FY
  6. Get ESOP statement from foreign employer showing shares and values

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