Schedule FA - Foreign Assets Disclosure in ITR (2024)

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Updated on: 25 May, 2023 02:51 PM

We all have heard about the famous case of the Panama Paper leaks, where illegal properties worth more than 20,000 crores, held by over 500 Indians, were exposed. Schedule FA was introduced to prevent such tax evasion cases through offshore routes. Schedule FA makes it mandatory for all resident taxpayer (ordinarily resident) to declare their foreign assets in the ITR. Let us dive deeper and learn more about schedule FA and the conditions for the declaration of foreign assets.

Contents

  • What is Schedule FA (Foreign Assets)?
  • Why is Schedule FA important?
  • Who is Required to Report Foreign Assets?
  • What Foreign Assets Need to be Disclosed in Schedule FA?
  • Details Required to be Furnished for each Foreign Asset
  • Steps to Disclose Foreign Assets in ITR
  • Penalties on Non-disclosure
  • Frequently Asked Questions

What is Schedule FA (Foreign Assets)?

As the name suggests, schedule foreign assets (FA) is a schedule in the ITR wherein you are required to furnish the details of the foreign assets held by you outside India. In other words, all the foreign assets held by you either legally, as a beneficiary, or as a beneficial owner should be disclosed while filing the , ITR-2, or ITR-3, as appropriate.

As per the Income Tax Act of 1961, residents and ordinarily resident Indians should report their foreign income, assets, accounts, and shares in the ITR in a given format. This schedule helps curb tax evasion through offshore routes.

Why is Schedule FA important?

Schedule FA plays a crucial role in helping the Indian government prevent the evasion of taxes by making it mandatory to disclose the presence of any foreign assets. It allows the government to track the assets held by Indian residents on foreign lands and also prevents any kind of money laundering.

In addition to the above, the resident can also avoid paying double tax on the same income by claiming relief under the DTAA (Double Taxation Avoidance Agreement). DTAA, or the double taxation avoidance agreement, is a type of agreement signed between two nations that ensures that the taxpayer does not have to pay taxes multiple times in different countries.

Who is Required to Report Foreign Assets?

As per the Income Tax law, the disclosure of foreign assets in ITR is mandatory for resident taxpayers who own specified foreign assets at any time during the entire accounting year. However, non-resident or resident but not ordinarily resident taxpayers do not have to disclose their foreign assets in ITR.

For this purpose, the accounting period followed by the foreign country for closing their accounts is considered to be the accounting period for reporting the assets.

What Foreign Assets Need to be Disclosed in Schedule FA?

Disclosure of foreign assets in ITR is mandatory if you hold any of the below foreign assets.

  • Foreign depository accounts
  • Immovable property outside India
  • Any other capital asset outside India
  • Foreign bank accounts
  • Financial interests
  • Foreign accounts where you are an authorized signatory
  • Foreign Custodian accounts
  • Trusts outside India or any other foreign source of income.
  • Accounts where assessee has signing authority.

Details Required to be Furnished for each Foreign Asset

You need to furnish the following details for each foreign asset or foreign account held while filling the schedule FA of the Income Tax Act, 1961 -

  • Country name and code
  • The name of the foreign entity
  • Address and zip code of the foreign entity
  • Account number of the foreign repository
  • Status of the account and the account opening date or the date of acquisition of the asset
  • Initial value of the investment
  • The highest value of the investment during the accounting period.
  • Closing value of the investment on the last date of the accounting period.
  • The value of gross interest credited in the asset account during the accounting year.
  • The amount received during the sale or redemption of an investment during the accounting period.

Steps to Disclose Foreign Assets in ITR

If you hold a foreign asset and are filing your income tax return, you need to follow the below-mentioned steps -

  • The first step is to identify the category of the foreign asset you hold. You have to select the relevant foreign asset and its code from the drop-down menu while filing the ITR.
  • In the next step, you need to provide basic details of the foreign asset like its name, address, zip code, country code, and currency code.
  • Now you need to provide the initial value of the investment, opening balance, highest balance during the relevant accounting period, and closing balance at the end of the accounting year in both the foreign currency and INR.
  • You must also provide the details of the income or revenue earned during the accounting period, both in foreign currency and Indian rupees. It also includes the revenue or proceeds from the sale or redemption of assets during the financial year.
  • Details of relief claimed under DTAA for income from foreign assets, if any.

Penalties on Non-disclosure

If you fail to report the details of your foreign assets or furnish inaccurate information, you might face severe penalties. Following are the penalties for non-disclosure or misrepresentation of foreign assets.

  • You might have to pay a penalty of INR 10 lakhs for every year that you fail to disclose your foreign assets.
  • Any non-reporting of foreign assets while filing the ITR is considered a willful evasion of tax and, you might have to face imprisonment of up to 7 years.
  • Non-declaration also revokes your right to claim relief under the Double Taxation Avoidance Agreement for your foreign income.

Irrespective of the slab rate applicable, you must file ITR if you hold any foreign asset at any time in the financial year. Tax2win assists you with premium tax filing services and the accurate disclosure of foreign assets in ITR. File your ITR on your own or get assistance from a qualified CA now!

Frequently Asked Questions

Q- In what currency should the information about foreign assets be presented?

The information about the foreign assets you hold or held in the financial year should be presented in the ITR in both the currency of the country where the foreign asset is located and the Indian rupee. The foreign currency should be converted into INR using the telegraphic transfer buying rate (TTBR).

Q- Is schedule FA mandatory?

Every Indian resident (ordinary resident) who holds any foreign asset or foreign account during the accounting year has to furnish the details of the asset while filing ITR. It is applicable even if the resident’s total income is not taxable and falls within the basic exemption limit.

Q- What happens if I fail to report foreign assets?

If you fail to report your foreign assets, it might attract severe penalties. It might attract a penalty of INR 10 lakh or imprisonment of up to 7 years.

Schedule FA - Foreign Assets Disclosure in ITR (10)

CA Abhishek Soni

Abhishek Soni is a Chartered Accountant by profession & entrepreneur by passion. He is the co-founder & CEO of Tax2Win.in. Tax2win is amongst the top 25 emerging startups of Asia and authorized ERI by the Income Tax Department. In the past, he worked in EY and comes with wide industry experience from telecom, retail to manufacturing to entertainment where he has handled various national and international assignments.

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Schedule FA - Foreign Assets Disclosure in ITR (11)

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Schedule FA - Foreign Assets Disclosure in ITR (2024)

FAQs

Is it necessary to declare foreign assets? ›

As per the Income Tax law, the disclosure of foreign assets in ITR is mandatory for resident taxpayers who own specified foreign assets at any time during the entire accounting year. However, non-resident or resident but not ordinarily resident taxpayers do not have to disclose their foreign assets in ITR.

What happens if you don't report foreign assets? ›

If you don't disclose your offshore accounts, you may be caught through an IRS audit and your foreign accounts may be frozen. The IRS may also impose penalties for failure to comply with offshore account disclosures.

Where do I disclose foreign shares in ITR? ›

If taxpayers have foreign investments such as US stocks in their portfolio, they will have to disclose the same in their ITR. Foreign investments have to be reported in Schedule FA of the ITR-2.

Is Schedule FA mandatory? ›

A resident assessee having any assets (including financial interest in any entity) located outside India or signing authority in any account located outside India, shall fill out schedule FA and furnish the return in the manner provided at 5(ii), 5(iii) or 5(iv).

What is the penalty for failure to disclose foreign bank account? ›

That law aims to combat money laundering and tax evasion by requiring U.S. citizens and residents to file reports disclosing their foreign bank accounts. Non-willful violations of the law are subject to a maximum penalty of $10,000 per violation.

What is the penalty for not declaring foreign income in India? ›

Failure to furnish returns: or non disclosure of foreign assets in returns: The punishment is rigorous imprisonment of six months to seven years, and fine. Punishment for abetment: The punishment is rigorous imprisonment of six months to seven years, and fine.

Do I need to declare foreign property in USA? ›

Yes, you must report foreign properties on your U.S. tax return just like you would report any owned U.S. property.

Can IRS find out about foreign income? ›

Yes, eventually the IRS will find your foreign bank account. When they do, hopefully your foreign bank accounts with balances over $10,000 have been reported annually to the IRS on a FBAR “foreign bank account report” (Form 114).

How does IRS track foreign bank account? ›

Through FATCA, the IRS receives account numbers, balances, names, addresses, and identification numbers of account holders. Americans with foreign accounts must also submit Form 8938 to the IRS in addition to the largely redundant FBAR form.

What is schedule FA in ITR 2? ›

This schedule captures a summary of detailed information furnished in Schedule FSI. In Schedule FA, you need to provide details of foreign asset or income from any source outside India. This schedule need not be filled up if you are Not Ordinarily Resident or a Non-Resident.

How do I report foreign assets to the IRS? ›

More In Forms and Instructions

Use Form 8938 to report your specified foreign financial assets if the total value of all the specified foreign financial assets in which you have an interest is more than the appropriate reporting threshold.

What foreign assets should be reported? ›

Foreign stock or securities, if you hold them outside of a financial account, must be reported on Form 8938, provided the value of your specified foreign financial assets is greater than the reporting threshold that applies to you.

How do I know if I need to file Schedule F? ›

If you earn a living as a self-employed farmer, you may need to include a Schedule F attachment with your tax return to report your profit or loss for the year. The Internal Revenue Service defines “farmer” in a very broad sense—whether you grow crops, raise livestock, breed fish or operate a ranch.

Do I have to file Schedule F every year? ›

If you are a farmer and your farming business is set up as a sole proprietorship, you're required to file a Schedule F to report net profits or losses each tax year.

When should I file a Schedule F? ›

If you don't follow a typical calendar year for your business, then you will need to file your Schedule F and pay the associated taxes by: The 15th of the month following the end of your business fiscal year. The 1st day of the third month following the end of your business fiscal year.

What happens if I have more than $10000 in a foreign bank account? ›

A United States person that has a financial interest in or signature authority over foreign financial accounts must file an FBAR if the aggregate value of the foreign financial accounts exceeds $10,000 at any time during the calendar year. The full line item instructions are located at FBAR Line Item Instructions.

Do I need to report a foreign bank account under $10000? ›

A person required to file an FBAR must report all of his or her foreign financial accounts, including any accounts with balances under $10,000.

Do US citizens have to report foreign bank accounts? ›

Generally, U.S. citizens and resident aliens must report all worldwide income, including income from foreign trusts and foreign bank and securities accounts, such as interest income. To do this you'll need to complete and attach Schedule B (Form 1040) to your tax return.

What happens if you don't report foreign income to IRS? ›

As a U.S. taxpayer, you can face penalties for failing to report your foreign-earned income even if you don't owe any federal income tax. The IRS penalizes both failures to report and failures to pay and the penalties for reporting violations can be substantial.

Do NRI need to declare foreign income in India? ›

In case of resident taxpayer all his income would be taxable in India, irrespective of the fact that income is earned or has accrued to taxpayer outside India. However, in case of non-resident all income which accrues or arises outside India would not be taxable in India.

How much money can be sent from India to USA without tax? ›

The maximum amount of tax-free remittance one can do USD 14,000. Beyond this amount, it would be subject to gift tax for the sender. Similarly, other countries may also have their limits. It's important to check it country-wise while making a remittance.

Can I sell my property in India and bring money to USA? ›

NRIs are allowed to repatriate or bring their sale proceeds of property sold in India to the US. However, the limit to the amount brought from India is $1 million per calendar year, including all other capital account transactions.

Do you have to pay US taxes on foreign property? ›

Do US Citizens Have to Pay Taxes on Foreign Property? All US citizens must file a yearly tax return regardless of where they live in the world. When filing your return, you must report your worldwide income. This includes any gain or loss from selling a foreign property and rental income.

What is considered a foreign financial asset? ›

The “foreign” in foreign financial assets means physically located outside the United States. Financial assets consist of the following: Accounts maintained in a financial institution such as bank accounts (checking, savings, CDs, demand), brokerage and securities accounts. Commodity futures or options accounts.

How can I avoid US tax on foreign income? ›

The Foreign Earned Income Exclusion (FEIE, using IRS Form 2555) allows you to exclude a certain amount of your FOREIGN EARNED income from US tax. For tax year 2022 (filing in 2023) the exclusion amount is $112,000.

How much foreign income is tax exempt? ›

The Foreign Earned Income Exclusion (FEIE) is a US tax benefit that allows you to exclude from taxation a certain amount of foreign-earned income over $100,000. The maximum foreign-earned income exclusion for the 2022 tax year is $112,000.

How does the IRS track you? ›

IRS computers have become more sophisticated than simply matching and filtering taxpayer information. It is believed that the IRS can track such information as medical records, credit card transactions, and other electronic information and that it is using this added data to find tax cheats.

Can the IRS see all my bank accounts? ›

The Short Answer: Yes. Share: The IRS probably already knows about many of your financial accounts, and the IRS can get information on how much is there.

Why does IRS want to know about foreign bank accounts? ›

The U.S. government requires reporting of foreign financial accounts because foreign financial institutions may not be subject to the same reporting requirements as domestic financial institutions.

What is the penalty for not filing an FBAR? ›

The penalties for failing to file an FBAR can be severe. For willful violations, the penalty can be as high as the greater of $100,000 or 50% of the account balance. Non-willful violations carry a penalty of up to $10,000 per violation. In some cases, criminal charges can also be filed.

What income is reported on Schedule F? ›

Use Schedule F (Form 1040) to report farm income and expenses. File it with Form 1040, 1040-SR, 1040-NR, 1041, or 1065. Your farming activity may subject you to state and local taxes and other require- ments such as business licenses and fees. Check with your state and local governments for more information.

What can you deduct on Schedule F? ›

  • Chemicals. Mortgage Interest. Fertilizers. Property Taxes. Seed. Home Insurance. ...
  • Fencing. Internet. Small Tools. Electric. Other _________________ Water. ...
  • Business Miles. Mortgage Interest. Vehicle Interest. Credit Card (business) Parking. Equipment/Machinery Interest. ...
  • Actual Expense Method. Hotels. Fuel. Airfare. Insurance.

What income is reported on Schedule 2? ›

Schedule 2: Supporting documentation for tax form 1040 if box 11b is checked. This Schedule is used to report additional taxes owed such as the alternative minimum tax, self-employment tax, or household employment taxes.

Where do you declare foreign assets? ›

Under the India Income tax (IT) law, there is a requirement to report all foreign assets in the ITR if the individual qualifies as 'resident and ordinarily resident'(ROR) of India during the relevant financial year. My son is a non-resident indian. He is thinking of buying a house in his resident country.

Can the IRS audit foreign bank accounts? ›

IRS Foreign Bank Account Investigations

How does IRS Investigate Foreign Bank Accounts? With the IRS' increased enforcement of offshore account compliance, trust reporting and income disclosure, U.S. Taxpayers are at higher risk of penalties. The failure to properly report foreign money may result in significant fines.

What is the penalty for reporting FATCA? ›

The IRS states that penalties for failing to file FATCA are “$10,000 per violation, plus an additional penalty of up to $50,000 for continued failure to file after IRS notification, and a 40% penalty on an understatement of tax attributable to non-disclosed assets.”

Do I need to file both FBAR and 8938? ›

A financial asset that is reported on Form 8938 (FATCA) does not necessarily need to be reported on your FBAR form and vice versa.

What are examples of foreign assets? ›

These include:
  • Foreign real estate (e.g., personal residence or rental property), unless the real estate is held through a foreign entity, such as a corporation, partnership, trust or estate. ...
  • Foreign currency,
  • Directly held shares of a U.S. mutual fund that owns foreign stocks and securities,

Do you have to report foreign accounts to IRS? ›

A U.S. person, including a citizen, resident, corporation, partnership, limited liability company, trust and estate, must file an FBAR to report: a financial interest in or signature or other authority over at least one financial account located outside the United States if.

What's the difference between Schedule C and Schedule F? ›

Schedule C, which is required for sole proprietors, whereas Schedule F, which is required for self-employed farmers, list the income and expenditure related to their farming businesses. Individual businesses file the Schedule E form as part of filing their tax returns.

What is the difference between Schedule E and Schedule F? ›

Farmers who rent their crop ground to a tenant only report the rental income on Schedule F if they receive that income through the sale of crop shares and they materially participate in producing the crop. Cash rental income, on the other hand, is “rental income” reported on Schedule E.

What is the difference between Schedule F and 4835? ›

On an individual Form 1040, farm activity is reported either on a Schedule F or a Form 4835. A Schedule F is where active farmers report, and Form 4835 is for inactive farm landlords. What makes someone an active farmer vs.

Is Schedule F considered self-employment? ›

Taxpayers use Schedule F (Form 1040) to report income and expenses from farming activity as a self-employed farmer. Net profits are subject to Self-Employment Tax (Schedule SE). For tax purposes, a farmer is defined as any individual who cultivates (plants, waters, gathers crop), operates, or manages a farm for profit.

How many years can you show a loss on a farm? ›

In some years, the producer makes a profit and can show the amount. According to the IRS, a farmer needs to show a profit 3 out of 5 years, even if the profits are not large. Always showing a loss on your Schedule F, can alert the IRS that the operation may be a hobby and not a for-profit business.

Which TurboTax for Schedule F? ›

To file a Schedule F (Farm) you can use TurboTax Deluxe Desktop (CD/Download) or TurboTax Self Employment Online. Select the "Business" tab (top of the screen).

What is a Schedule F penalty? ›

The Schedule F Penalty

While US insurers may reinsure risk with any reinsurance company, regulatory guidelines require that the reinsurance be obtained from an admitted carrier for the insurer to be able to take credit for the reinsurance purchased and avoid seeing a statutory reduction to its surplus balance.

Does TurboTax Premier include Schedule F? ›

A: All TurboTax personal tax products include all the same forms but with different guidance for accuracy. While TurboTax Premier 2022 does include Schedule F, we do suggest TurboTax Home & Business 2022 to get the guided interview questions to ensure information is being accurately entered.

Does TurboTax Deluxe have Schedule F? ›

A: Yes, TurboTax supports Schedule F (farm income).

What foreign assets are reportable? ›

Reporting by U.S. Taxpayers Holding Foreign Financial Assets
  • Stock or securities issued by someone other than a U.S. person.
  • Any interest in a foreign entity, and.
  • Any financial instrument or contract that has as an issuer or counterparty that is other than a U.S. person.

Do US citizens pay taxes on foreign assets? ›

In general, yes — Americans must pay U.S. taxes on foreign income. The U.S. is one of only two countries in the world where taxes are based on citizenship, not place of residency. If you're considered a U.S. citizen or U.S. permanent resident, you pay income tax regardless where the income was earned.

What foreign accounts need to be reported? ›

A United States person that has a financial interest in or signature authority over foreign financial accounts must file an FBAR if the aggregate value of the foreign financial accounts exceeds $10,000 at any time during the calendar year. The full line item instructions are located at FBAR Line Item Instructions.

How much foreign income is tax free in USA? ›

If you're an expat and you qualify for a Foreign Earned Income Exclusion from your U.S. taxes, you can exclude up to $108,700 or even more if you incurred housing costs in 2021. (Exclusion is adjusted annually for inflation). For your 2022 tax filing, the maximum exclusion is $112,000 of foreign earned income.

Can my parents give me $100 000? ›

Lifetime Gifting Limits

Each individual has a $11.7 million lifetime exemption ($23.4M combined for married couples) before anyone would owe federal tax on a gift or inheritance. In other words, you could gift your son or daughter $10 million dollars today, and no one would owe any federal gift tax on that amount.

What is the penalty for not filing FBAR? ›

The penalties for failing to file an FBAR can be severe. For willful violations, the penalty can be as high as the greater of $100,000 or 50% of the account balance. Non-willful violations carry a penalty of up to $10,000 per violation. In some cases, criminal charges can also be filed.

What is the maximum account value for FBAR? ›

Who Must File the FBAR? A United States person is required to file an FBAR if that person has a financial interest in or signature authority over any financial account(s) outside of the United States and the aggregate maximum value of the account(s) exceeds $10,000 at any time during the calendar year.

What happens if you don't report FATCA? ›

Failure to report foreign financial assets on Form 8938 may result in a penalty of $10,000 (and a penalty up to $50,000 for continued failure after IRS notification).

Do non US citizens need to file an FBAR? ›

Who files an FBAR? U.S. persons (U.S. citizens, Green Card holders, resident aliens, and dual citizens) are required to file an FBAR if the combined balance of all the foreign accounts you own or have a financial interest or signature authority is more than $10,000 at any point during the calendar year.

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