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Disclosure of Foreign Assets and Incomes - An Analysis [E-Book]

Reprint with Law Upadted to August 2025
Authors
• CA Rutvik Sanghvit
• CA Kartik Badiani
• CA Mahesh Nayak
INR 200/-
18% GST Extra
Who can benefit

Chartered Accountants, Advocates, Trade & Industry Professionals


Publishers

Bombay Chartered Accountants’ Society


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Book Overview

The Reprint Edition of the book "Disclosure of Foreign Assets and Incomes – An Analysis" has been released, updated with legal provisions up to August 2025. This reprint edition provides a comprehensive guide to the disclosure of foreign assets and incomes under Indian tax laws, catering to the growing demand for clarity due to evolving regulations and penalties. The book addresses the challenges faced by taxpayers and professionals in accurately reporting foreign assets in income tax returns, especially after recent scrutiny and stricter enforcement for non-disclosure or errors.


Key Features
  • Detailed analysis of disclosure requirements based on available domestic and international material on exchange of information
  • Practical guidance on what, where and how to disclose
  • Case studies covering practical aspects of disclosure of various assets and incomes
  • Disclosure required elsewhere in tax return form
  • Interplay with other tax provisions and other laws
  • Consequences for non-disclosure
  • Formats and checklists for effective record keeping...and much more.

Sample Chapter

Get a preview of the comprehensive content with this sample chapter from the book.

Introduction and Background.pdf
Index of Content

1. Introduction and Background
- Exchange of Information under treaties
- Global developments
- Developments in India
- Legal basis or the lack of it
2. Applicability of disclosure requirements
- Interpretation of the requirement under provisions of Section 139 of the Act
- Residential status under the Act
- Contents of ITR forms and applicability of instructions to forms in relation to disclosure of foreign assets
- Issues on applicability provisions
3. Analysis of foreign asset disclosure requirements
A. Comparison of disclosure requirements over the years
B. Principles for disclosure requirements under FA Schedule
C. Field-wise Analysis of the disclosure of foreign assets
- Analysis of common terms and issues in Schedule FA
Tables A1 to A4
- Table A1 – Details of Foreign Depository Accounts
- Table A2 – Details of Foreign Custodial Accounts
- Table A3 – Details of Foreign Equity and Debt Interest
- Table A4 – Details of Foreign Cash Value Insurance Contract or Annuity Contract
- Table B – Details of Financial Interest in any Entity (including beneficial interest)
- Table C – Details of immovable property (including any beneficial interest)
- Table D – Any Other Capital Asset
- Table E – Accounts in which the person has signing authority
- Table F – Details of trust, created under the laws of a country outside India, in which you are a trustee, beneficiary or settlor
- Table G – Details of any other income derived from any source outside India
4. Case Studies on certain issues faced by taxpayer in Schedule FA
1. Applicability of disclosure requirements
2. Nominee shareholding
3. Incorporation without Capital
4. Financial Year vs. Calendar Year
5. Single ownership through gifted funds
6. Retirement Benefits Accounts
7. Indirect holdings
8. Employee Compensation Plans
9. Trust structure
10. Virtual Digital Asset
5. Disclosure of foreign incomes and tax relief in income tax return
6. Case Studies on issues related to computation of foreign incomes reported in Schedule FA
11. Clubbing provisions
12. Differing tax years
13. Split tax residency
14. Deduction on gross vs. offering income on net
15. Capital Gains
16. In accordance with treaty
17. Tax relief in case of pass-through entities
7. Disclosures required at other places in the tax forms
- Reporting of Unlisted equity shares
- Disclosure of Directorships in foreign companies
- Schedule EI - Incomes exempt as per DTAA
- Schedule AI
8. Consequences for non-disclosure or incorrect disclosure
9. Interplay with other tax compliances and other laws
- Interplay with POEM and transfer pricing regulations
- Interplay with FEMA
- Interplay with Benami Law, PMLA and BMA
10. Formats and Checklists
A. Checklist for applicability of Schedule FA and Schedule FSI/ Schedule TR
B. Checklist for Schedule FA
C. Checklist for Schedule FSI
11. Conclusion
Appendix
Instructions to ITR forms (AY 2023-24) relating to Schedule FA, Schedule FSI and Schedule TR
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