Undisclosed Foreign Asset and Undisclosed Foreign Income as per the Black Money Act, 2015

Kiran Malik

17 Apr, 2023

As per Indian tax laws, individuals and entities are required to disclose their worldwide income and assets to the Indian tax authorities. Failure to disclose such income and assets can lead to severe consequences, including penalties and prosecution. In this blog, we will specifically focus on undisclosed assets located outside India and undisclosed foreign income and assets as per the Indian tax act and the Black Money act,2015^[1].

What are undisclosed assets located outside India?

Undisclosed assets located outside India refer to any assets, including but not limited to bank accounts, investments, immovable properties, and other financial assets, that are owned or held by individuals or entities who are resident in India but have not disclosed them to the tax authorities. These assets could be in foreign countries and may generate income or gains, which need to be disclosed as per Indian tax laws.

What are undisclosed foreign income and assets?

Undisclosed foreign income and assets refer to any income earned or assets held by individuals or entities who are resident in India but have not disclosed them to the tax authorities. These income and assets could be generated or held outside India and may include various types such as bank accounts, investments, immovable properties, businesses, trusts, or any other form of financial or non-financial assets.

Disclosure requirements under the Black Money Act

The Black Money Act, enacted in 2015, imposes stringent disclosure requirements on individuals and entities who have undisclosed assets located outside India or undisclosed foreign income and assets. The Act aims to curb the menace of black money and tax evasion by ensuring that individuals and entities disclose their overseas assets and foreign income to the tax authorities. Failure to comply with these requirements can lead to severe penalties and legal consequences. Here are the key disclosure requirements under the Black Money Act:

1. Mandatory Filing of Statement of Foreign Income and Assets: Individuals and entities who are residents of India and have undisclosed foreign income and assets are required to file a statement of foreign income and assets with the tax authorities. This statement needs to be filed in the prescribed format, providing details of all the undisclosed foreign income and assets held during the relevant financial year.
2. Mandatory Filing of Annual Information Return: Entities in India, such as banks, financial institutions, and other specified persons, are required to file an Annual Information Return (AIR) with the tax authorities, providing details of specified financial transactions, including those related to foreign income and assets. This includes transactions such as remittances, credits, purchases of foreign currency, investments, and other financial activities related to undisclosed foreign income and assets.
3. Voluntary Disclosure Scheme: The Black Money Act provides a one-time voluntary disclosure scheme for taxpayers to disclose their undisclosed foreign income and assets, pay the applicable taxes, and regularize their non-compliant assets. However, this scheme has specific conditions and timelines, and taxpayers need to carefully evaluate their eligibility and comply with the requirements to avail themselves of the benefits of the scheme.

Consequences of non-compliance

Non-compliance with the disclosure requirements of the Black Money Act can have serious legal consequences. The tax authorities have the power to initiate investigation and scrutiny proceedings, and in case of detection of undisclosed assets located outside India or undisclosed foreign income and assets, the following consequences may arise:

1. Monetary Penalties: The Act imposes penalties ranging from 120% to 300% of the tax evaded on the undisclosed foreign income and assets. Additionally, penalties can also be levied for failure to furnish the SFT, which can be up to INR 10 lakh.
2. Confiscation of Assets: The tax authorities have the power to confiscate and seize the undisclosed assets located outside India or foreign income and assets that have not been disclosed. This can result in the loss of ownership and control over such assets.
3. Prosecution: Non-compliance with the Black Money Act can also lead to criminal prosecution, which may result in imprisonment for a term ranging from 3 to 10 years. This can have serious legal and reputational implications for the individuals or entities involved.
4. Damage to Reputation: Non-compliance with tax laws, including the disclosure requirements of undisclosed assets located outside India and undisclosed foreign income and assets, can also damage the taxpayer’s reputation and credibility in the business and financial community.

Important points to keep in mind

To ensure compliance with the disclosure requirements of the Black Money Act and avoid legal repercussions, here are some essential points to keep in mind:

1. Seek Professional Assistance: Given the complex nature of undisclosed assets located outside India and undisclosed foreign income and assets, it is advisable to seek professional assistance from qualified tax professionals or chartered accountants. They can provide expert guidance on the disclosure requirements, documentation, and other compliance obligations under the Black Money Act.
2. Maintain Proper Documentation: Maintaining accurate and complete documentation of all foreign financial transactions, including bank statements, investment records, property documents, and any other relevant records, is crucial. This documentation will serve as evidence of compliance with the disclosure requirements of the Black Money Act and can help in case of any scrutiny or investigation proceedings.
3. Stay Updated with Tax Laws: Tax laws and regulations are subject to change, and it is essential to stay updated with the latest developments in the Indian tax laws, including the Black Money Act. Regularly review any changes in the law and ensure timely compliance with the disclosure requirements to avoid penalties or legal consequences.
4. Be Transparent and Disclose All Assets: It is crucial to be transparent and disclose all assets located outside India and foreign income and assets as per the disclosure requirements of the Black Money Act. Concealing or omitting any assets or income can lead to severe penalties and legal repercussions. It is better to disclose all assets and income to the tax authorities and avoid any non-compliance issues.
5. Keep Track of Deadlines: The Black Money Act has specific deadlines for disclosing undisclosed foreign income and assets and filing the SFT. It is essential to keep track of these deadlines and ensure timely compliance to avoid penalties and legal consequences. Missing the deadlines can result in hefty fines and other legal repercussions.
6. Maintain Accurate and Complete Books of Accounts: It is important to maintain accurate and complete books of accounts for all foreign financial transactions and assets. This includes keeping records of all receipts, payments, investments, and other financial transactions related to undisclosed foreign income and assets. Properly maintaining books of accounts will help in ensuring compliance with the Black Money Act and facilitate easy and accurate reporting to the tax authorities.

Conclusion

Undisclosed assets located outside India and undisclosed foreign income and assets are important areas of taxation in India. Compliance with the disclosure requirements under the Black Money Act is crucial to avoid penalties and legal repercussions. Taxpayers must understand the key concepts, disclosure requirements, and potential consequences of non-compliance to ensure compliance with the Indian tax laws. Staying informed and adhering to the relevant regulations is essential for individuals and entities registered in India to maintain tax compliance and avoid any adverse consequences.

Also Read:
Overview of the Black Money Act, 2015
Undisclosed Foreign Income and Assets