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Black Money Act

Non-disclosure of foreign assets in the ITR

What Schedule FA requires, who must file it, and the consequences of leaving an overseas asset off the return.

Insights / Non-disclosure of foreign assets in the ITR

Who must disclose

Ordinary residents are required to report specified foreign assets and income. RNORs and non-residents generally have a narrower (or nil) Schedule FA obligation โ€” which is why residential-status determination is not a formality. Returning NRIs often become reportable in the year they resume ordinary residence.

Consequences

The Black Money (Undisclosed Foreign Income and Assets) Act can impose tax, interest and penalties that dwarf the value of the omitted asset. Notices may arrive years later when automatic exchange of information reaches the Indian database. A structured review before you return to India is the most effective mitigation.

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