Fact-check notes
Last fact-checked: 2026-05-30
Tax caution: AY 2026-27 covers FY 2025-26 and continues under the Income-tax Act, 1961. New Act, new section and new form references should be verified against official utilities before filing.
Use this page as preparation guidance. A professional should verify the active law year, notification, portal utility and source records before filing or taking a tax position.
What this covers
Schedule AL and Schedule FA solve different disclosure problems: AL tracks Indian assets/liabilities for high-income taxpayers, while FA tracks foreign assets for residents.
- Schedule AL generally focuses on assets and liabilities for high-income taxpayers.
- Schedule FA focuses on foreign assets, accounts, income and signing authority.
- The same taxpayer may need both schedules.
- Incorrect disclosure can create scrutiny or penalty risk.
Who this is for
- HNI filing ITR-2.
- Resident with foreign bank or RSU account.
- Taxpayer above income disclosure threshold.
- CA reconciling asset schedule with AIS.
Documents and data to verify
- Property, vehicle, jewellery and financial asset details.
- Foreign account and securities statements.
- Loan and liability records.
- Prior-year schedule values for consistency.
Common mistakes to avoid
- Treating Schedule AL and FA as substitutes.
- Not disclosing inherited or jointly held assets correctly.
- Ignoring foreign signing authority.
- Using market value where cost/value field requires a different basis.
How to proceed
- Confirm the applicable financial year, assessment year, taxpayer type, state and portal status before acting.
- Reconcile portal data with books, AIS/Form 26AS, GST returns, contracts, invoices, bank statements and source documents.
- Prepare a written computation, checklist, filing note or response with assumptions clearly stated.
- Download acknowledgements, challans, workings and evidence after filing or submission.
FAQs
Can WorkIndex help with this?
Yes. Post the facts and documents; relevant experts can quote for filing, advisory, reconciliation, registration, appeal support or ongoing compliance.
Is this page final legal advice?
No. Use it to prepare. A professional should verify the active law year, notification, portal utility and records before filing or taking a tax position.
What should I mention while posting?
Mention the year, state, form, deadline, amount involved, documents available, portal status and whether you need filing, correction, advisory or representation.
Frequently Asked Questions
1. How do DTAA provisions and NRI tax compliance apply to income from Schedule AL vs Schedule FA?
Under Double Taxation Avoidance Agreements (DTAA), NRIs can claim lower withholding tax (TDS) rates on income from Schedule AL vs Schedule FA by submitting a Tax Residency Certificate (TRC) and Form 10F online.
2. What are the reporting requirements for residents holding foreign assets related to Schedule AL vs Schedule FA?
Resident taxpayers holding foreign shares, bank accounts, or investments related to Schedule AL vs Schedule FA must disclose them in Schedule FA (Foreign Assets) of their ITR to avoid heavy Black Money Act penalties.
3. What is the Double Taxation Avoidance Agreement (DTAA)?
DTAA is a bilateral treaty signed between India and a foreign country to prevent double taxation of the same income in both countries by capping withholding tax rates or providing tax credits.
4. What documents are mandatory to claim DTAA treaty benefits?
Taxpayers must submit: (1) A Tax Residency Certificate (TRC) issued by the tax authority of their country of residence. (2) Form 10F filled out online. (3) A valid Indian PAN.
5. Is interest earned on NRE and NRO accounts taxable?
Interest earned on NRE (Non-Resident External) and FCNB accounts is fully tax-free in India. Interest earned on NRO (Non-Resident Ordinary) accounts is taxable at your slab rate, and subject to 30% TDS.
6. How does Form 10F work, and how is it filed?
Form 10F is a self-declaration filed by non-residents containing details like nationality, tax identification number, and address. It must be filed online on the Income Tax e-filing portal using a digital signature or net banking verification.
7. What is the TDS rate on payments made to NRIs?
TDS on payments to NRIs is governed by Section 195. It is deducted at the maximum rate applicable to the type of income (e.g. 30% on rent/NRO interest, 12.5% on long-term capital gains, 20% on dividends), subject to lower rates under DTAA.
8. Can an NRI claim the Section 87A tax rebate?
No. The Section 87A rebate (which makes tax zero up to ₹12 lakh under the New Regime) is only available to resident individuals. NRIs do not qualify for this rebate and must pay tax on taxable income exceeding basic limits.
9. Which ITR form should an NRI file for FY 2025-26?
NRIs must file ITR-2 (for capital gains, salary, or property income) or ITR-3 (if they have business/professional income). NRIs cannot file ITR-1 (Sahaj).
10. Do NRIs need to declare foreign bank accounts in their Indian ITR?
No. NRIs do not need to report foreign bank accounts, foreign stocks, or assets in Schedule FA. Only resident taxpayers are mandatory to report foreign assets.
11. What is Schedule FA and who must file it?
Schedule FA (Foreign Assets) is a mandatory schedule in ITR-2/ITR-3 for resident taxpayers. It requires reporting details of all foreign assets (shares, mutual funds, bank accounts, property) held at any time during the calendar year.
12. What is the penalty for failing to file Schedule FA?
Under the Black Money Act, resident taxpayers who fail to disclose foreign assets in Schedule FA or underreport value face a flat penalty of ₹10 lakh per year, plus interest and potential prosecution.
13. How do I claim Foreign Tax Credit (FTC) in India?
To claim credit for taxes paid in a foreign country on double-taxed income, you must file Form 67 online on the e-filing portal along with proof of tax payment/withholding before filing your ITR.
14. Are capital gains on Indian mutual funds taxable for NRIs?
Yes, capital gains are taxable for NRIs. Equity LTCG is taxed at 12.5% (>12 months), STCG at 20%. Debt mutual fund gains are taxed at slab rates. The fund house will deduct TDS on redemptions.
15. Can an NRI buy agricultural land in India?
Under FEMA regulations, an NRI or OCI cannot purchase agricultural land, plantation property, or farmhouse in India. They can, however, inherit such properties or buy commercial/residential properties.