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India’s Foreign Assets Disclosure Scheme 2026: who can declare overseas assets and by when

A new one-time scheme lets small taxpayers disclose undisclosed foreign assets until 31 December 2026. Who qualifies, the thresholds and what NRIs and returning Indians should know.

By Sumit Kumar, MARN 1803385Updated 22 October 20265 min read
India Foreign Assets of Small Taxpayers Disclosure Scheme 2026 for NRIs and returning Indians
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Key takeaways

  • The Foreign Assets of Small Taxpayers – Disclosure Scheme 2026 has been open since 16 August 2026. The last date to file a declaration is 31 December 2026.
  • It covers two categories of foreign assets or income that were not fully reported in India, up to Rs 1 crore and up to Rs 5 crore.
  • A valid declaration with payment gives protection from further tax, penalty and prosecution under the Black Money Act for the declared amount.
  • Foreign assets are valued as at 31 March 2026. Assets worth more than Rs 5 crore cannot use the scheme.

Many Indians who moved abroad, and many NRIs who have returned, hold small overseas bank accounts, shares or property that were never fully reported in India. The Foreign Assets of Small Taxpayers – Disclosure Scheme 2026 is a time-limited route to come clean. It sits in the Finance Act 2026, and the rules were notified as Notification No. 114/2026.

Foreign assets disclosure scheme: the key dates

Scheme timeline
ItemDate
Scheme effective16 August 2026
Last date to file a declaration31 December 2026
Valuation date for foreign assets31 March 2026

The two categories

Who can use the scheme
CategoryWhat it coversCeilingCost
Category 1Foreign assets or foreign income never disclosed or taxed in IndiaUp to Rs 1 croreTax at 30% plus an equal amount, about 60% in total
Category 2Assets bought from income earned while a non-resident, or from income already taxed in India but not reported in a returnUp to Rs 5 croreA flat fee. Published summaries put it at Rs 1 lakh; confirm the figure in the CBDT rules and FAQs

If your foreign assets are worth more than Rs 5 crore in total, the scheme is not available to you.

Why this matters for NRIs and returning Indians

  • Category 2 specifically covers assets acquired from income earned while you were a non-resident. That is common for people who worked abroad and later returned.
  • Residential status matters. Whether the scheme applies depends on your status in India in the relevant year and when the asset was acquired, so work this out before filing.
  • Valuation is generally the higher of the acquisition cost and the open-market value on 31 March 2026, and a valuer’s report may be used.
  • Once you pay, the declared amount is not added to your total income, and you are protected under the Black Money Act for that amount.

How the process works

  1. 1Work out which assets and income were not fully reported, and value them as at 31 March 2026.
  2. 2File the declaration electronically, which published summaries describe as Form 1, on or before 31 December 2026.
  3. 3The department issues a notice of the amount payable after verifying the declaration.
  4. 4Pay within the time allowed. Published summaries describe two months, extendable on payment of interest. Missing the final limit loses the benefit.

Not sure you qualify?

We review your overseas assets, your residential status and the right category before you file.

Talk to a Chartered Accountant

General information only, not advice for your situation. Rules, fees and deadlines change; we confirm what applies at your consultation.

Frequently asked questions

What is the Foreign Assets of Small Taxpayers Disclosure Scheme 2026?
A one-time scheme under the Finance Act 2026 that lets taxpayers declare foreign assets or foreign income that were not fully reported in India, within set ceilings, and settle the tax in exchange for protection from further tax, penalty and Black Money Act prosecution on the declared amount.
What is the deadline?
31 December 2026 for filing a declaration. The scheme has been effective since 16 August 2026.
Can NRIs use this scheme?
Category 2 covers assets acquired from income earned while the person was a non-resident. Whether you qualify depends on your residential status in the relevant year, so get it checked before filing.
What if my foreign assets are above Rs 5 crore?
The scheme is not available if your total foreign assets exceed Rs 5 crore.
How are foreign assets valued?
As at 31 March 2026, generally at the higher of acquisition cost and open-market value. A recognised valuer’s report may be used.
Will I be prosecuted after a valid declaration?
A valid declaration with payment bars further tax, penalty and prosecution under the Black Money Act for the declared income or asset. It does not protect assets or years that are excluded from the scheme.

Official sources

General information only, current at the date shown. It is not immigration advice for your circumstances. Information on this site is general guidance only and not legal, migration or investment advice. Rules, fees and occupation lists change frequently — always confirm current requirements with the relevant government authority before acting.

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Who will assist you

Sumit Kumar

Sumit Kumar

Chartered Accountant & Australian Registered Migration Agent · MARN 1803385

I migrated from India to Melbourne as a skilled migrant in 2005 and became an Australian citizen in 2010, so I know first-hand what it takes to rebuild a career and a life in a new country — the paperwork and the waiting, and also the job search, the loneliness and the pressure of starting over far from home. Since 2013 I have advised individuals, families and businesses on migration and cross-border moves, combining migration casework with a Chartered Accountant's view of tax, funds and business structure.

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