Undisclosed foreign assets? Budget 2026 offers a 6-month amnesty—here’s how to avoid jail
By Lavanya Mallidi, ET Online |
1/9
Budget 2026’s big warning: Declare foreign assets or face jail
The Union Budget 2026 has rolled out a rare relief window for taxpayers with undisclosed foreign income or assets. A new Foreign Assets of Small Taxpayers—Disclosure Scheme (FAST-DS) offers immunity from prosecution—if you act in time.
2/9
What is FAST-DS and why it matters
FAST-DS is a one-time, 6-month disclosure scheme under Budget 2026 that protects small taxpayers from harsh action under the Black Money Act—provided they voluntarily disclose foreign assets and pay the prescribed tax or fee.
3/9
Who should worry about FAST-DS
This scheme is relevant if you:
* Held foreign bank accounts, ESOPs, shares or property
* Were an NRI earlier and forgot to report assets after returning
* Paid tax on foreign income but missed reporting the asset in ITR
* Have old, inactive or low-value overseas accounts
* Held foreign bank accounts, ESOPs, shares or property
* Were an NRI earlier and forgot to report assets after returning
* Paid tax on foreign income but missed reporting the asset in ITR
* Have old, inactive or low-value overseas accounts
Amazon Top Deals
POWERED BY
4/9
Two categories, two routes to immunity
Category A: Undisclosed income/assets
* Asset value up to Rs 1 crore
* Pay 30% tax + 30% penalty on fair market value
* Get immunity from prosecution
Category B: Reporting missed, tax paid
* Asset value up to Rs 5 crore
* Pay a flat Rs 1 lakh fee
* Get immunity from penalty and prosecution
* Asset value up to Rs 1 crore
* Pay 30% tax + 30% penalty on fair market value
* Get immunity from prosecution
Category B: Reporting missed, tax paid
* Asset value up to Rs 5 crore
* Pay a flat Rs 1 lakh fee
* Get immunity from penalty and prosecution
5/9
What exactly must be disclosed
Taxpayers must correctly report:
* Foreign bank accounts (even dormant ones)
* Overseas shares, ESOPs, mutual funds
* Foreign real estate
* Custodial or brokerage accounts
* Disclosure must be made in Schedule FA and income in Schedule FSI of ITR-2 or ITR-3.
* Foreign bank accounts (even dormant ones)
* Overseas shares, ESOPs, mutual funds
* Foreign real estate
* Custodial or brokerage accounts
* Disclosure must be made in Schedule FA and income in Schedule FSI of ITR-2 or ITR-3.
6/9
What Budget 2026 relaxes for small mistakes
For minor, inadvertent non-disclosures:
* Assets (excluding foreign property) up to Rs 20 lakh
* Prosecution provisions are proposed to be relaxed
* This offers relief for genuine mistakes—but only if corrected now.
* Assets (excluding foreign property) up to Rs 20 lakh
* Prosecution provisions are proposed to be relaxed
* This offers relief for genuine mistakes—but only if corrected now.
7/9
Miss this window and penalties turn brutal
If you ignore FAST-DS:
* Rs 10 lakh penalty for every year of non-disclosure
* Possible jail term of up to 7 years
* Prosecution under the Black Money Act resumes in full force
* Rs 10 lakh penalty for every year of non-disclosure
* Possible jail term of up to 7 years
* Prosecution under the Black Money Act resumes in full force
8/9
Bottom line: Use the amnesty, fix the past
FAST-DS is a rare second chance. Review old filings, trace foreign assets, and clean up disclosures during the 6-month window. For small taxpayers, this scheme could mean the difference between peace of mind—and years of litigation.
9/9
Checklist: What to do before the FAST-DS window closes
Before filing under the Budget 2026 disclosure scheme, tick these off:
* Review past ITRs for missing foreign asset disclosures
* Check old foreign bank accounts, even dormant or zero-balance ones
* Revisit ESOPs, RSUs, foreign shares or mutual funds from overseas jobs
* Verify foreign salary slips, tax statements & bank interest
Identify the correct category:
Category A (undisclosed income/assets)
Category B (tax paid, disclosure missed)
* Calculate fair market value (FMV) of assets
* Prepare to file ITR-2 or ITR-3 with Schedule FA & FSI correctly filled
* Consult a tax professional before submitting the declaration
Rule of thumb: If in doubt, disclose. The cost of compliance is far lower than the cost of prosecution.
* Review past ITRs for missing foreign asset disclosures
* Check old foreign bank accounts, even dormant or zero-balance ones
* Revisit ESOPs, RSUs, foreign shares or mutual funds from overseas jobs
* Verify foreign salary slips, tax statements & bank interest
Identify the correct category:
Category A (undisclosed income/assets)
Category B (tax paid, disclosure missed)
* Calculate fair market value (FMV) of assets
* Prepare to file ITR-2 or ITR-3 with Schedule FA & FSI correctly filled
* Consult a tax professional before submitting the declaration
Rule of thumb: If in doubt, disclose. The cost of compliance is far lower than the cost of prosecution.
