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Declaring Foreign Assets in Tax Returns: A Guide for Indian Taxpayers

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Declaring Foreign Assets in Tax Returns: A Guide for Indian Taxpayers

Declaring Foreign Assets in Tax Returns: A Guide for Indian Taxpayers

Declaring Foreign Assets in Tax Returns: A Guide for Indian Taxpayers

Declaring Foreign Assets in Tax Returns: A Guide for Indian Taxpayers

Who Must Disclose Foreign Assets?
Indian taxpayers who are Resident and Ordinarily Resident (ROR) are legally obligated to disclose all foreign assets and income when filing their Income Tax Return (ITR). Failure to comply can result in hefty penalties and legal consequences under the Black Money Act, 2015.

Key Reporting Requirements

Taxpayers must declare:

  1. Foreign Assets:

    • Overseas bank accounts, equity and debt investments, and depository/custodian accounts
    • Immovable property outside India
    • Jewels, metals, cash, or equivalents
    • Loans or advances given
    • Unquoted shares in private foreign companies
    • Business investments abroad

  2. Foreign Source Income:

    • Salary, dividends, interest, rental income, and capital gains from foreign sources

Schedules to Fill in ITR

  • Schedule FA: Report foreign assets.
  • Schedule FSI: Disclose income earned from foreign sources.
  • Schedule TR: Claim relief for taxes paid abroad under Double Tax Avoidance Agreement (DTAA).
    • Form 67 and a Tax Residency Certificate (TRC) are mandatory for claiming foreign tax credits.

Penalties for Non-Disclosure

Under the Black Money Act, 2015, failing to disclose foreign income or assets can result in:

  • Penalty: ?10 lakh
  • Imprisonment: Up to 7 years

Key Advisory

  • Accurately disclose offshore accounts and income.
  • Retain supporting documents for transparency.
  • Ensure timely compliance to avoid legal scrutiny and penalties.

Conclusion
The Central Board of Direct Taxes (CBDT) emphasizes accurate reporting of foreign assets in the ITR. Proper disclosures safeguard taxpayers from penalties and ensure compliance with Indian tax laws.

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About the author
Sandeep Sadh

About Sandeep Sadh

Sandeep Sadh has been in the real estate business since 1993 in Mumbai. He has expertise in Buying, Selling, Leasing properties in Mumbai and a deep understanding of legal and tax related matters due to his experience.

Summary

Over the years, he has experienced the City's growth. He has been a columnist in the Times of India with numerous articles, which bring about a clear picture of the real estate market in Mumbai. He is a regular on NDTV, CNBC, ET Now Real Estate and Zee News, giving his experienced quotes as and when required.

Sandeep Sadh has used information and technology since the year 1998 and now what people call it Prop Tech to cater to the needs of Home Buyer, Seller, Investor and Corporates, HNI and NRI looking to Buy/Sell or Lease their properties in the Mumbai Property Market.

Sandeep has a holistic experience of real estate be it Leasing an Apartment for your CEO in the most upmarket buildings, to enter into a long lease for your office in Mumbai in prime buildings or an Investment in good projects with a detailed analysis keeping in mind the Demand and Supply and other micro factors of the project/property.

Sandeep Sadh has developed a few websites like www.mumbaipropertyexchange.com, www.realestatemumbai.com, www.propi.in which augment the real estate consulting business.

Right from Investments in Primary Markets to Selling, leasing and specializing for NRI’s all over the world. He is an expert in NRI Home Buying and Selling and has a good understanding of the Income Tax laws pertaining to Selling a Property and Repatriating funds overseas or reinvesting based on Capital Gains etc.

Experience

  • Residential Leasing
  • Commercial Leasing
  • Residential Home Buying
  • Commercial Property Buying
  • Investment Properties with complete Property Management as your Real Estate Family office

While transacting in the above segments, he has complete experience and deep understanding of the paper work, his areas of expertise are :

  1. Drafting of the Leave and License Agreements
  2. MOU for Buying/Selling Properties
  3. Drafting Agreement for Sale
  4. Gift Deeds
  5. Computing of Capital Gains with current ready reckoner values
  6. Drafting of Supporting Power of Attorney.

As an add on Service, Sandeep Sadh has tied up with various Professionals like Lawyers and Chartered Accountants who add value in transacting and specially services for Non Resident Indians.

Application to Income Tax for Lower Tax Deduction Certificate – Through a qualified CA and keeping a grip on the traction so that the remittance back to Non Resident Indians after Selling the property is seamlessly transferred.

You can connect with Sandeep Sadh on ssadh@mumbaipropertyexchange.com

LinkedIn - https://www.linkedin.com/in/sandeepsadhmpe/

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