The Central Board of Direct Taxes (CBDT) has issued Notification No. 114/2026 introducing the Foreign Assets of Small Taxpayers - Disclosure Scheme Rules, 2026 (FAST-DS). Coming into force on August 16, 2026, this scheme provides a critical, limited-time window for Indian taxpayers to regularize undeclared foreign bank accounts, offshore properties, RSUs, and overseas investments.
If you hold undisclosed foreign assets or missed declaring foreign assets acquired during an overseas work stint in your Income Tax Return (ITR), this guide breaks down everything you need to know to comply and avoid harsh penalties under the Black Money Act, 2015.
Taxpayers must strictly adhere to the schedule set out in the rules:
Notification Date: August 14, 2026
Effective Date: August 16, 2026
Valuation Cut-Off Date: March 31, 2026
Final Date to Submit Declaration: December 31, 2026
The scheme creates two distinct compliance categories based on the origin of funds and the total aggregate value of the assets:
a. Category 1 (Section 133, Sl. No. 1) - Undisclosed foreign income and assets where source funds were not offered to tax in India.
Aggregate Limit - Up to ₹1 Crore aggregate FMV.
Applicable Liability / Fee - 60% total outgo (30% Tax + 30% Penalty).
b. Category 2 (Section 133, Sl. No. 2) - Foreign assets acquired while non-resident (or using taxed income) omitted in Schedule FA.
Aggregate Limit - Up to ₹5 Crore aggregate FMV.
Applicable Liability / Fee - Flat Fee of ₹1 Lakh.
Note: If your aggregate foreign portfolio exceeds ₹5 Crore (or undisclosed income/assets exceed ₹1 Crore), you are ineligible to declare under this scheme.
The scheme creates two distinct compliance categories based on the origin of funds and the total aggregate value of the assets:
You are directly affected by this notification if you fall under any of the following profiles:
MNC Employees with Global Equity: Employees who received RSUs, ESOPs, or ESPP shares from overseas parent companies but omitted them in Schedule FA of their ITR.
Former NRIs & Returning Expats: Individuals who lived abroad and kept dormant foreign bank accounts, life insurance policies, or retirement funds after moving back to India.
Former Overseas Students: Graduates who worked abroad after studies and maintained foreign bank accounts without reporting them upon returning.
Deputed Personnel: Government or corporate employees who accumulated foreign savings during international postings.
The valuation of foreign assets as of March 31, 2026, follows strict guidelines:
Foreign Bank Accounts: Sum of all credits made into the account from opening date until March 31, 2026 (excluding re-deposited withdrawals).
Immovable Real Estate, Bullion & Artworks: The higher of the original acquisition cost or an official valuation report from a recognized valuer in the asset's jurisdiction.
Quoted Shares & Securities: The higher of cost of acquisition or the average of the lowest and highest quoted prices on an established stock exchange on/before March 31, 2026.
Unquoted Equity Shares: The higher of acquisition cost or calculated using the prescribed net asset formula:
FMV = [(A+B-L) x PV ] / PE
(where A is book value of basic assets, $B$ is FMV of core assets, L is liabilities, PV is paid-up value, and PE is total paid-up equity capital).
Currency Conversion: Values in RBI-permitted currencies convert at the official RBI reference rate on March 31, 2026. Non-permitted currencies convert first to USD, then to INR.
NOTE 20% Valuation Margin Buffer:
Under Rule 5(2), if the tax department's valuation during a subsequent audit differs from your declared FMV by 20% or less, your declaration will not be deemed invalid or void on grounds of misrepresentation.
Declarations must be submitted electronically through the Income Tax e-filing portal using Digital Signatures (DSC) or Electronic
Verification Code (EVC):
Form 1: Taxpayer Declaration filed electronically by the taxpayer detailing asset descriptions, acquisition proofs, and FMV calculations.
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Form 2: Order Issued by the Tax Authority detailing the exact tax, fee, or penalty due
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Form 3: Submitted by the declarant with proof of payment (Challan BSR code, deposit date, interest calculations) ]
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Form 4: Final certificate issued within 30 days of receiving Form 3, granting full immunity from prosecution and penalty under the Black Money Act, 2015.
Once Form 2 is issued:
Initial Due Date: Full payment must be made within 2 months from the end of the month in which Form 2 is received (Interest-Free).
Extended Window: An additional 2-month extension is permitted, subject to mandatory interest of 1% per month (or part thereof) on the unpaid balance.
Default Penalty: Payments delayed beyond 4 months from the end of the order month (maximum by January 31, 2027) will render the declaration null and void.
Once Form 2 is issued:
Initial Due Date: Full payment must be made within 2 months from the end of the month in which Form 2 is received (Interest-Free).
Extended Window: An additional 2-month extension is permitted, subject to mandatory interest of 1% per month (or part thereof) on the unpaid balance.
Default Penalty: Payments delayed beyond 4 months from the end of the order month (maximum by January 31, 2027) will render the declaration null and void.
Once Form 2 is issued:
Initial Due Date: Full payment must be made within 2 months from the end of the month in which Form 2 is received (Interest-Free).
Extended Window: An additional 2-month extension is permitted, subject to mandatory interest of 1% per month (or part thereof) on the unpaid balance.
Default Penalty: Payments delayed beyond 4 months from the end of the order month (maximum by January 31, 2027) will render the declaration null and void.
Need assistance evaluating your foreign holdings?
Non-disclosure of foreign assets in Schedule FA can attract penalties up to ₹10 Lakhs per year or prosecution under the Black Money Act. Our tax team can review your foreign portfolio and file your Form 1 securely before the December 31, 2026 deadline.
Navigating complex cross-border tax regulations, net asset calculations, and RBI exchange rate rules requires expert precision. A single miscalculation can jeopardize your eligibility or invite scrutiny under the Black Money Act.
Asset Portfolio Audit: Reviewing your overseas bank accounts, stocks, and real estate to determine your exact eligibility under Category 1 or Category 2.
Valuation & FMV Computation: Accurately calculating asset values under Rule 3 guidelines to ensure you stay within the 20% safe-harbor buffer.
E-Filing Assistance: End-to-end preparation and submission of Form 1 and Form 3 on the IT portal with complete documentation.
Immunity Clearance: Ensuring full compliance to secure your Form 4 Certificate of Immunity.
Avoid severe penalties and secure peace of mind. Contact our foreign tax experts today for a confidential review of your offshore holdings.