Who files Schedule FA?

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Answer

Indian residents holding any foreign asset or signing authority, regardless of value or income. The obligation is decided by facts rather than by tax owing, which is why a nil position does not remove it.

The rule on who files

Indian residents holding any foreign asset or signing authority, regardless of value or income.

Two of the firm’s advisers and the team in the open-plan office

The carve-out

There is no value threshold — one foreign account is enough — and the penalty regime behind non-disclosure of foreign assets is the harshest in Indian tax law. Returning NRIs are the group most often caught, because the assets predate their Indian residency.

Who files Schedule FA?
ItemAmount
Sale consideration₹10,500,000
Cost taken into account₹7,140,000
Gain actually arising₹3,360,000
Deduction on the consideration (assumed 15%)₹1,575,000
Tax on the gain (assumed 20%)₹672,000
Cash held back beyond the real tax₹903,000

₹903,000 more is deducted than the transaction actually owes. A lower-deduction certificate obtained before closing is what releases it at the table; without one it sits with the department until a return recovers it.

Treat these numbers as a worked example rather than advice — they exist to make the mechanics visible, and the rates and thresholds are assumed for the illustration. For a real filing, we verify each figure with the authority that publishes it, for your year.

How to get this moving

The full treatment — who it binds, the deadline, the penalty and the fixed fee — is on Schedule FA — foreign assets in India. The first call establishes whether there is work to do. Everything after that is quoted.

Reviewed for the 2025 and 2026 filing seasons by Udit Gupta, Cross-Border Tax Expert, Legal Quotient Consultants. Written as general guidance, not as a recommendation for your situation. Talk it through with us before acting on it.

Who needs to file FATCA, in practice

This is the page to read on who needs to file FATCA. It takes Schedule FA in order — the test that decides who is affected, the returns and forms that follow from it, and a fee quoted in writing before anything starts.

Files that look like this one

Case study 1

Inventory of foreign holdings for a resident returning to India

A client resumed Indian residence after many years abroad and had never filed the asset schedule, because nothing abroad was producing income. We fixed the residence position for the year first, then built an inventory: bank accounts, a workplace pension, a brokerage holding and a jointly held flat. Each was classified into the category the schedule uses and supported with a statement showing the holding across the whole year. The engagement produced a first complete asset schedule and a document file that later years could be built from.

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Case study 2

Employee share plan holdings reported for the first time

An employee of a foreign parent held vested shares through a broker abroad and had reported the dividend income but never the holding. We separated the plan into what had vested and what was still a conditional right, established which of it was held during the year, and tied the broker statements to the entries the schedule asks for. The engagement produced a corrected asset schedule and a short note for the employer's other staff in the same plan, who were in the same position.

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Case study 3

Signing authority on a subsidiary account with no ownership

A finance director could operate the bank accounts of overseas subsidiaries and owned none of them. The company had assumed the accounts were its own reporting problem alone. We set out the difference between beneficial ownership and authority to sign, collected the bank mandates showing when each authority began and ended, and reported the authority in the schedule while leaving the ownership where it belonged. The engagement produced a supported disclosure and a mandate register the group now keeps for everyone it appoints.

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Case study 4

Jointly inherited property abroad reported by each holder

Several siblings inherited a house outside India and only one of them had ever mentioned it on an Indian return. The asset was held jointly, so the question was what each resident holder had to show rather than who paid the bills. We established the date of inheritance and the respective interests from the probate documents, then prepared consistent entries for the residents among them. The engagement produced matching disclosures across the family and a valuation record kept for the eventual sale.

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Case study 5

Residence recount for a client who assumed non-resident status

The client had treated himself as outside the Indian net for years on the strength of working abroad, without counting days or looking at where his life was centred. A recount from passport stamps and travel records put him inside residence for part of that period. We then worked out which years needed the asset schedule and which did not. The engagement produced a dated residence analysis, disclosures for the years that required them, and a record that supports the years it does not.

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Case study 6

Beneficiary interest in a family trust settled outside India

A resident client was named in a trust her father had settled abroad and had never treated it as her asset, because she had received nothing from it. We obtained the deed and the trustees' confirmation of her interest, established the category the schedule uses for trusts and entities, and reported the interest with distributions recorded as nil for the year. The engagement produced a disclosed trust interest supported by the deed, and a standing request to the trustees for the figures each year.

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Case study 7

A Relief That Turned on Days Nobody Had Recorded

Treaty exemption, residence and social security are each decided by a count that has to be evidenced rather than recalled. The engagement builds the record from tickets, rosters and payroll before applying any article.

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Case study 8

A Retirement Plan That Grows Tax-Deferred in Only One Country

Cross-border retirement accounts are recognised by treaty, but the deferral usually has to be elected rather than assumed. The engagement checks whether the election was made, makes it where it was missed, and reports the account on whichever side requires it.

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All case studies — every published engagement in one place.

Core International & Cross-Border Tax Services

International Tax Planning & Advisory

Strategy and compliance for income, assets and families spread across borders.

One coordinating team: filings on every side of the border are sequenced so treaty relief and foreign tax credits are claimed once — and in the right country.

U.S. & Cross-Border Tax Returns

Dual filers: U.S. citizens in Canada and Canadians with U.S. income run two parallel systems — we prepare both, in the right order, every year.

Expat & Emigration Tax

The move year is its own project: the elections and valuations filed that year decide the next decade of both countries’ returns.

Non-Resident Canadian Tax

Default withholding is 25% of gross: elective returns routinely turn over-withheld rent and pensions into refunds.

Transfer Pricing & BEPS

Documentation prepared with the return is the cheapest insurance in international tax; reconstructing it during an audit is the most expensive.

Cross-Border Estates & Trusts

Wills drafted for one country routinely misfire in the other — deemed disposition here, estate tax there, credits in between.

Cross-Border Corporate Tax

Expansion raises the same four questions every time — entity, PE, repatriation, payroll. We answer them before the tax authorities do.

India Tax for NRIs & Returning Residents

The deduction is taken on the sale price, not the gain — which is why an NRI property sale strands cash unless the certificate is applied for before closing.

Canadian Tax with a Foreign Element

Residency is decided on facts, not on a form — and the year you arrive or leave is the one where the largest amounts turn on the smallest details.

UAE Tax for Expats & Their Home Country

A zero-tax country is only half the answer — the question that decides the bill is whether the country you came from still treats you as resident.

Industries & Client Types We Serve Worldwide

Global E-commerce & Marketplaces
Technology & SaaS
Professional Services Firms
Cross-Border Real Estate
Importers, Exporters & Manufacturers
Athletes, Artists & Entertainers
Remote Workers & Digital Nomads
Investment Funds & Holding Companies

Global E-commerce & Marketplaces

  • Foreign VAT / GST / sales tax registrations
  • Marketplace withholding reviews
  • Inventory nexus & PE analysis
  • Multi-currency books reconciled
Explore E-commerce & Marketplaces

Technology & SaaS

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  • IP structuring with real substance
  • Equity for cross-border teams
  • U.S. expansion: entity & PE setup
Explore Technology & SaaS

Importers, Exporters & Manufacturers

Related-party purchasing, customs value versus transfer price, and foreign-affiliate structures put trading businesses inside the s.247 documentation rules.

Goods crossing a border move the tax question from income to indirect: registration thresholds, place of supply, the customs value and the transfer price between related entities all have to agree with each other. When they do not, the adjustment arrives from two authorities at once and each one uses the other's number.

  • Transfer pricing documentation (s.247)
  • Customs value vs transfer price
  • Foreign affiliate reporting (T1134)
  • Country-by-country reporting
Explore Trade & Manufacturing

Athletes, Artists & Entertainers

  • Reg 105 & U.S. CWA agreements
  • Multi-state & country calendars
  • Touring income allocation
  • Royalty & image-rights withholding
Explore Athletes & Entertainers

Remote Workers & Digital Nomads

  • Residency analysis before moving
  • Employer payroll exposure
  • Totalization & social security
  • Foreign tax credits
Explore Remote Workers

Investment Funds & Holding Companies

  • Treaty access & PPT reviews
  • FAPI & surplus computations
  • Withholding-efficient routing
  • Governance & substance
Explore Funds & Holdcos

Questions that come up on Schedule FA

I have one dormant foreign bank account, do I report it?

Yes. Schedule FA has no value threshold and no income test: the question is whether you held a foreign asset or signing authority at any point in the year, not whether it did anything. A dormant account with a tiny balance and no interest is reportable on exactly the same footing as a portfolio. People miss this more often than anything else in the schedule, because they reason from tax owing rather than from holding. Nothing turns on the account being inactive, and an inactive account is the easiest kind for a tax administration to see.

I have just moved back to India, does Schedule FA apply now?

Probably, and the assets that catch returning residents are the ones acquired long before the move. The schedule attaches to Indian residence, so the year your residence changes is the year that accounts, securities, property, company interests and trusts held abroad start appearing on your Indian return, whatever their age. Work out the residence position for the year first, because that decides everything else. Then inventory what you hold abroad and who holds it with you, rather than reporting only the assets that happened to produce income.

Do I report a company account abroad that I only sign on?

Signing authority is named in the schedule in its own right, so an account you can operate but do not beneficially own can still be reportable. Directors and finance staff of overseas group companies are the usual case, and they often assume the obligation belongs to the company alone. Separate the two questions when you take your inventory: what you own abroad, and what you can sign for abroad. Both go to the same place on the return, but they are supported by different documents, and the second is the one nobody keeps records of.

My foreign shares paid nothing, is Schedule FA still needed?

Yes. Income is reported elsewhere on the return; the asset schedule is about holding. Shares that paid no dividend, a property that stood empty, an account that earned nothing and a company interest that made no distribution are all reportable because you held them. Reasoning from a nil position is how most gaps arise, and the gap is worse than the underlying tax, because the treatment of an undisclosed foreign asset in Indian tax law is harsher than that of an ordinary understatement. Report the holding, then report whatever income it did or did not produce.

I am not resident in India, do I have to file Schedule FA?

The obligation follows Indian residence, so a non-resident is generally outside it. The difficulty is that residence is decided by the facts of the year rather than by how you think of yourself, and people who have lived abroad for a long time can drift back into residence through days spent in India or a change in where their life is centred. Establish the residence position for the year before concluding that the schedule does not apply, and keep the record that supports it. An assumption of continued non-residence is what produces missed years.

Does a foreign trust my parents set up go in Schedule FA?

Trusts are one of the categories the schedule names, alongside accounts, securities, immovable property and entities, so an interest in a trust abroad is not outside it simply because you did not create it and cannot control it. The work is establishing what your interest actually is, which usually means reading the deed rather than relying on how the family describes the arrangement. A beneficiary who has received nothing still has to answer the question. Ask the trustees for the documents early, because they are rarely to hand when the return is due.

What is the penalty for a late T1135 or a missed FBAR?

Both are penalty regimes attached to the form rather than to any tax, which is why people who owed nothing still face them. The Canadian foreign property statement carries a per-month penalty with much larger amounts for a failure that continues or is made knowingly; the US account report is separate again and pivots on whether the failure was wilful. Relief exists — voluntary disclosure, reasonable cause, taxpayer relief — and it narrows once the authority makes contact. The reporting trigger on the US side is an aggregate balance over $10,000 at any point in the year. See late T1135 penalty relief.

Do I need to report a foreign business I own?

Almost certainly, and on more than one form. Canada requires reporting of foreign affiliates on the T1134; the United States has a family of returns keyed to the entity type and your level of control, and several carry penalties that apply whether or not any tax is owed. These are information returns, so the obligation follows the ownership rather than the profit. See T1134.

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