India’s Foreign Assets Disclosure Scheme 2026 Is Now Operational: What Returning NRIs Should Review

India’s Foreign Assets Disclosure Scheme 2026 Is Now Operational: What Returning NRIs Should Review

The Income Tax Department has enabled electronic filing of Form 1 under the Foreign Assets of Small Taxpayers – Disclosure Scheme, 2026.The Scheme provides a limited opportunity for eligible taxpayers to disclose certain foreign income or foreign assets that were either not reported or omitted from the relevant schedules of their Indian income-tax returns.The deadline for submitting a declaration is 31 December 2026.

Who may need to review the Scheme?

The Scheme may be particularly relevant to individuals who:

For former UAE residents, this may include:

However, holding a foreign asset does not automatically mean that a default has occurred.

Two categories of disclosure

1. Undisclosed foreign income or assets

This category broadly covers eligible foreign income or foreign assets that were not previously disclosed.The aggregate value of the foreign income and assets covered under this category must not exceed ₹1 crore.

The amount payable is:

  • 30% tax; plus
  • A penalty equal to the tax.

The effective amount payable is therefore 60% of the value determined under the Scheme.

2.Reporting omission involving explained assets

This category may cover foreign assets:

  • Acquired while the taxpayer was a non-resident from foreign income; or
  • Acquired from income that had already been offered to tax in India,

but which were not reported in the relevant foreign-assets schedule when reporting became applicable.The aggregate value of assets under this category must not exceed ₹5 crore.

The prescribed fee is ₹1 lakh.

This distinction is critical. A genuine reporting omission involving an explained asset should not automatically be treated in the same manner as undisclosed foreign income.

Important dates

The Scheme prescribes separate valuation methods for bank accounts, listed and unlisted securities, immovable property, partnership interests and other assets.For example, a foreign bank account may not simply be valued using its closing balance. The prescribed method broadly considers deposits into the account, subject to specified adjustments. A proper transaction-level review may therefore be required.

Is the Scheme relevant to every NRI?

No.A person should not file a declaration merely because they currently hold an overseas bank account, company interest or investment.Schedule FA reporting generally depends on the individual’s Indian residential status for the relevant year. A person who was a non-resident or RNOR may not have had the same foreign-asset reporting obligation as an ordinarily resident taxpayer.Before considering a declaration, the following should be established:

  1. The individual’s residential status for each relevant year;
  2. The year in which the foreign asset or income arose;
  3. Whether Schedule FA reporting applied in that year;
  4. The source of funds used to acquire the asset;
  5. Whether the related income was already disclosed or taxed;
  6. Whether any statutory exclusion applies;
  7. The correct disclosure category; and
  8. The value determined under the prescribed rules.

Filing without completing this analysis may result in an incorrect admission, incorrect valuation or unnecessary payment.

Recommended review for returning Indians

Returning Indians and former NRIs should consider undertaking a structured review covering:

The objective is not to file under the Scheme in every case. The objective is to identify whether a reporting obligation existed, whether a default occurred and whether the Scheme is the correct remedy.

How RVG can assist

RVG can assist with:

India’s Foreign Assets Disclosure Scheme 2026

The filing deadline is 31 December 2026, but taxpayers should not wait until December. Foreign bank, brokerage, company-ownership and property records can take significant time to collect and reconcile.

Legal reference: Foreign Assets of Small Taxpayers – Disclosure Scheme Rules, 2026, notified through CBDT Notification No. 114/2026.

(This article provides general information and should not be treated as legal or tax advice. Eligibility and reporting obligations must be evaluated based on the taxpayer’s specific facts and residential status.)

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