If you held even one foreign bank account, US stock unit, or overseas flat at any time last year and you are an Indian resident, Schedule FA of your ITR is not optional. Skip it and the Income Tax Department can levy a flat 10 lakh rupee penalty under the Black Money Act 2015, separate from any tax on the money itself. This guide walks you through who must disclose, what it costs to get it wrong, and exactly what to report.
Schedule FA exists only in ITR-2 and ITR-3, and only one category of taxpayer must complete it. Run yourself through this decision flow before anything else.
If you are ROR and held a foreign asset at any point, continue. If you are NRI or RNOR, Schedule FA is normally not your concern this year, though your residential status should be reconfirmed each year.
It is not just a bank account. The schedule covers a foreign asset held as a beneficial owner, beneficiary, or with signing authority, which catches people who never thought of themselves as owners.
A flat 10 lakh rupees per year - not a percentage. Under Section 43 of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, where a resident files a return but fails to disclose a foreign asset or furnishes inaccurate particulars of it, the Assessing Officer may direct a penalty of ten lakh rupees. Section 42 imposes the same 10 lakh where no return is filed at all. The statute uses “may”, so it is discretionary, not automatic, but it is routinely levied.
There are really two separate tracks of consequence, and people confuse them:
The de-minimis relief (verify this against your own numbers). Until 1 October 2024, the only carve-out was for foreign bank accounts with an aggregate balance not exceeding five lakh rupees. The Finance (No. 2) Act 2024 widened this with effect from 1 October 2024: the 10 lakh penalty under Sections 42 and 43 now does not apply to foreign assets other than immovable property where their aggregate value does not exceed twenty lakh rupees at any time during the year. Immovable property (a foreign flat or land) has no such threshold - it must always be reported.
Report each of the following held at any time during the relevant accounting period, with the entity name, address, peak balance, closing balance, and any income, converted to rupees:
Your Indian return runs on the financial year (1 April to 31 March). But Schedule FA asks you to report foreign assets for the relevant accounting period, and for most foreign countries that is the calendar year (1 January to 31 December) ending before your filing year. So for the return you file for FY 2025-26, the peak and closing balances of a US or UK account are generally taken for the calendar year 2025. Mixing up the two periods is the error that trips up most first-time filers. Convert all values to rupees using the SBI telegraphic transfer buying rate.
The CBDT has run a “Compliance-Cum-Awareness Campaign” on Schedule FA for recent years, sending SMS and email reminders to residents flagged through cross-border data exchange. Its first nudge phase (from November 2024, for AY 2024-25) led 24,678 taxpayers to revise returns and disclose foreign assets worth about 29,208 crore rupees and foreign income of about 1,089.88 crore rupees, and the department repeated the exercise the following year. Treat these annual nudges as a standing signal: the department already has the data.
Dr. Shrawan Kumar Pathak, an ROR in Pune, worked in the United States for two years and held a brokerage account with about 9 lakh rupees of US shares, which he closed in May 2025. Filing his FY 2025-26 return on ITR-2, he first assumed that because the account was below the old 5 lakh bank limit and was closed mid-year, he could skip it. Two errors: the asset was above 5 lakh, and the “at any time during the period” rule meant the closed account still had to be reported. Because the value was under the new 20 lakh foreign-asset threshold (and not immovable property), the 10 lakh penalty risk was avoided, but only after he correctly disclosed it in Schedule FA for calendar year 2025 and reported the dividend in Schedule FSI. Had it been an overseas flat, no threshold would have applied.
| Item | Position |
|---|---|
| Who must file | Resident and Ordinarily Resident (ROR) only |
| Who is exempt | Non-Resident (NRI) and RNOR, generally |
| Forms carrying Schedule FA | ITR-2 and ITR-3 only |
| Reporting period | Relevant accounting period, usually calendar year (1 Jan to 31 Dec) |
| Trigger | Asset held at any time during the period |
| Disclosure-failure penalty | 10 lakh rupees per year, Sections 42 and 43, Black Money Act 2015 |
| De-minimis (from 1 Oct 2024) | Foreign assets other than immovable property up to 20 lakh rupees |
| Older de-minimis (pre-Oct 2024) | Bank accounts up to 5 lakh rupees |
| Undisclosed-income tax | 30% (Section 3) plus 3x penalty (Section 41) |
Only a Resident and Ordinarily Resident (ROR) individual or HUF with foreign assets or foreign income. The official Schedule FA states it is “not required to be filled up by a taxpayer who is non-resident or not ordinarily resident”. For your overall residential status and India-tax duties as a returning or non-resident Indian, see our NRI income tax guide.
Under Section 43 of the Black Money Act 2015, where a resident files a return but fails to disclose a foreign asset or gives inaccurate particulars, the Assessing Officer may levy a flat penalty of 10 lakh rupees for that year. Section 42 imposes the same 10 lakh where no return is filed at all.
From 1 October 2024, the 10 lakh penalty under Sections 42 and 43 does not apply to foreign assets other than immovable property whose aggregate value does not exceed 20 lakh rupees in the year. Before that, the only relief was for foreign bank accounts up to 5 lakh rupees. Immovable property has no such threshold and must always be disclosed.
Schedule FA uses the “relevant accounting period”, which for most foreign countries is the calendar year (1 January to 31 December) ending before your Indian filing year, even though your Indian return otherwise runs on the financial year.
Generally yes. Non-Residents and RNORs are not required to fill Schedule FA, as they are not taxed on global assets. Reconfirm your residential status under Section 6 of the Income Tax Act each year, because a change to ROR brings the duty back.
That moves you into the separate undisclosed-income track: Section 3 of the Black Money Act charges a flat 30% tax on the value, Section 41 adds a penalty of three times that tax, and wilful evasion can attract prosecution. This is distinct from the 10 lakh disclosure penalty.
Schedule FA appears only in ITR-2 and ITR-3. ITR-1 and ITR-4 do not contain it, so a person holding foreign assets cannot use those simpler forms. For the parallel rules on sending money abroad, see our guide on Form 15CA and 15CB foreign remittance.
A revised return is the cleaner route while the window is open, and the CBDT's nudge campaigns have specifically invited flagged taxpayers to revise and disclose. Doing so before the department issues a notice materially reduces your exposure, though it does not by itself guarantee waiver of the discretionary penalty.
To file an RTI with the CBDT or your jurisdictional Income Tax office about a foreign-asset notice, draft it free with the AI RTI Drafter.