Failure to meet these conditions would classify an individual as a Non-Resident (NR) or Not Ordinarily Resident (NOR), exempting them from reporting global income.
With a growing number of Indians investing overseas—particularly in foreign mutual funds—tax experts are reminding taxpayers to comply with income tax regulations to avoid steep penalties. According to Indian tax laws, resident individuals who qualify as Resident and Ordinarily Resident (ROR) are required to disclose global income and assets under Schedule FA of their ITR forms (ITR-2 or ITR-3).
This disclosure obligation includes assets such as:
- Foreign bank accounts
Even if these assets do not generate income in the financial year, they must still be reported.
Who qualifies as ROR?
As per the Income-Tax Act, an individual qualifies as ROR if they:
- Spent at least 182 days in India in the financial year or 60 days in the year and 365 days over the past four years, and
Failure to meet these conditions would classify an individual as a Non-Resident (NR) or Not Ordinarily Resident (NOR), exempting them from reporting global income.
Severe Penalties for Non-Disclosure
Not reporting foreign assets could lead to:
- ₹10 lakh penalty per undisclosed asset (if the asset value exceeds ₹20 lakh)
“Foreign assets must be declared in Schedule FA, even if they generate no income during the year,” said Amit Baid, Head, Tax, BTG Advaya, as quoted in Financial Express.
Legal experts emphasise the level of detail required. “Omission, understatement, or misrepresentation of such assets may amount to a prosecutable offence,” said Sonam Chandwani, Managing Partner at KS Legal & Associates. She added that the Schedule FA asks for “country of location, nature of asset, date of acquisition, and peak balance.”
For inherited foreign assets, one must disclose the fair market value at the time of inheritance and identity details of the deceased, noted Sandeep Sehgal, Tax Partner at AKM Global.
How to Convert and Report Foreign Income
All foreign-sourced income must be converted to INR using the telegraphic transfer buying rate on the last day of the financial year.
Additionally, if taxes have been paid in the foreign jurisdiction, one may claim a Foreign Tax Credit (FTC) using Form 67, subject to the Double Taxation Avoidance Agreement (DTAA) between India and the respective country. “Section 90(2) of the I-T Act allows taxpayers to choose between the domestic tax provisions or DTAA — whichever is more beneficial,” said Santhosh Sivaraj, Partner, BDO India, to Financial Express.
For example, dividends taxed at 30 per cent in India may be taxed at 15 per cent under a treaty, making the lower rate applicable.
The Central Board of Direct Taxes (CBDT) has tightened scrutiny on foreign income disclosures, especially following the 2023 Pandora Papers fallout. With rising global mobility and increased foreign investments by Indians, Schedule FA and Form 67 are no longer optional for high-net-worth individuals and returning NRIs.
Timely and accurate reporting not only helps avoid legal trouble but also ensures access to tax benefits under DTAA.