Many NRIs are unaware of mandatory foreign asset disclosures under Schedule FA of the ITR. Non-compliance attracts heavy penalties. Here's what you must know.
India's Black Money (Undisclosed Foreign Income and Assets) Act 2015 and the enhanced ITR Schedule FA (Foreign Assets) have dramatically increased the compliance obligations for Non-Resident Indians. Failure to disclose foreign assets can attract penalties of ₹10 lakh per asset, per year — regardless of whether any tax is owed.
Who Must File Schedule FA?
Any person who is a Resident and Ordinarily Resident (ROR) in India during the financial year MUST file Schedule FA if they hold any foreign asset. This applies to:
- Returning NRIs who became ROR — foreign accounts opened while abroad must still be reported
- Indian residents with foreign bank accounts (even dormant ones)
- Individuals with foreign equity holdings, ESOPs from foreign employers, or mutual fund investments abroad
- Those with foreign real estate, even if inherited
- Residents who are beneficiaries or trustees of foreign trusts
⚠️ Important
Non-filing or incorrect filing of Schedule FA is treated as an offence under the Black Money Act — NOT just the Income Tax Act. Penalties are harsh and there is no immunity for unintentional omissions.
What Exactly Must Be Reported in Schedule FA?
- Foreign bank accounts: Account number, name of bank, country, peak balance during the year
- Foreign equity & debt: Name of entity, country of incorporation, date of acquisition, cost and fair value
- Foreign immovable property: Address, acquisition date, cost, and ownership percentage
- Foreign trusts: Name, country, trustee details, beneficiary details
- Any other capital asset outside India: Description, location, cost, and fair market value
The NRE Account Myth
A very common misconception is that NRE accounts do not need to be reported because they are tax-exempt. This is incorrect. NRE accounts held in India do not need to appear in Schedule FA, but any foreign accounts (including accounts in your country of residence) must be reported in Schedule FA once you become a Resident.
💡 Pro Tip
If you are returning to India after years abroad, file a detailed Schedule FA in your first ROR year. Proactively disclosing legacy foreign assets is far better than facing a scrutiny notice later.
"We handle Schedule FA filings for NRI clients across the US, UK, UAE, and Singapore. The key is meticulous documentation and timely filing — not waiting to see if the tax department notices."
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Kumar Kishan
FCA, Managing Partner
Kumar Kishan & Associates is a full-service CA firm based in Jaipur, serving 500+ clients across India and internationally. Our team specialises in direct and indirect taxation, corporate compliance, and financial advisory.
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