๐Ÿ“ Pune, Maharashtra | Chartered Accountants

๐Ÿ“ Pune, Maharashtra | Chartered Accountants

Your Foreign Income is Now Visible in Your AIS

Foreign Income

Your Foreign Income is Now Visible in Your AIS A complete guide to what’s disclosed, what’s taxable, and how to file with confidence for AY 2026-27 If you hold a foreign bank account, invest in overseas stocks, or receive income from abroad, there’s an important development from the Income Tax Department worth understanding well ahead of your filing deadline. It isn’t cause for worry โ€” it’s an opportunity to get your disclosures right the first time, with the department essentially showing you what it already knows. 1. What Has Changed On 8th July 2026, the Central Board of Direct Taxes (CBDT) issued an order directing that foreign financial information received by India from over 100 partner countries be displayed directly in every taxpayer’s Annual Information Statement (AIS) โ€” the same statement where your TDS, dividends, and mutual fund transactions already appear. This data flows in through the Automatic Exchange of Information (AEOI) framework โ€” which includes the Common Reporting Standard (CRS) with most countries and FATCA with the United States. Until now, this information stayed within the department’s internal systems. From now on, it appears on your own screen, covering: Foreign bank account balances, closing balances, and interest earned Overseas shareholdings, mutual fund units, and dividends Other specified financial investments and accounts held abroad Data for calendar years 2022, 2023 and 2024 is already being uploaded, and information for calendar year 2025 โ€” the one most relevant to your AY 2026-27 return โ€” will follow as it is received later this year. Officials have been clear that this is meant to help taxpayers disclose correctly, not to serve as a trigger for scrutiny. 2. Does Having Foreign Income Automatically Mean You Owe Indian Tax? Not necessarily โ€” this is the single most important thing to get right, and it depends entirely on your residential status for the relevant financial year: Resident and Ordinarily Resident (ROR) Your global income is taxable in India โ€” foreign salary, rent, dividends, interest, and capital gains all get added to your total income and taxed at your applicable slab rate (or the relevant capital gains rate). You must also complete Schedule FA (foreign assets), Schedule FSI (foreign source income) and Schedule TR (tax relief). Resident but Not Ordinarily Resident (RNOR) You’re taxed only on income received in India, or income accruing from a business controlled from, or a profession set up in, India. Most foreign income earned and retained abroad falls outside the Indian tax net during this phase, and Schedule FA is generally not required. This status commonly applies to returning NRIs for their first two to three years back in India. Non-Resident (NR) Only income that is actually earned or received in India is taxable here. Foreign salary, foreign bank interest, and overseas investment income stay outside India’s tax net, and Schedule FA does not apply. The practical takeaway: an entry appearing in your AIS does not, by itself, create a tax liability. It only becomes taxable income once your residential status brings it within scope. But even when it isn’t taxable, disclosure may still be mandatory for RORs โ€” more on that below. 3. Disclosure vs Taxability โ€” Two Separate Questions This is where many taxpayers get confused, so it’s worth separating clearly: Schedule Purpose Applies to Schedule FA Reports foreign assets held during the calendar year โ€” even if they earned zero income ROR only Schedule FSI Reports actual foreign-source income that is taxable in India, country-wise ROR (and RNOR for India-linked business income) Schedule TR Summarises foreign tax relief claimed, drawing from Schedule FSI Taxpayers claiming FTC   A quiet, non-interest-bearing foreign bank account still needs to be reported in Schedule FA if you’re an ROR โ€” disclosure is mandatory regardless of taxability. Skipping it because “there was no income” is one of the most common and costly mistakes we see. 4. Claiming Relief So You Aren’t Taxed Twice If tax has already been withheld or paid abroad on income that is also taxable in India, you’re not meant to pay tax on it twice: Section 90 relief โ€” available where India has a Double Taxation Avoidance Agreement (DTAA) with the source country, such as the India-USA DTAA. Credit is generally the lower of the foreign tax actually paid and the Indian tax payable on that income. Section 91 relief โ€” a unilateral relief available even where no DTAA exists with the other country. Form 67 (Rule 128) is mandatory to claim Foreign Tax Credit (FTC), filed online with proof of foreign tax paid โ€” and it must be filed before you submit your ITR, not after. Filing it late can result in the credit being denied outright, with no remedy available. A Tax Residency Certificate (TRC) from the foreign country is generally required to claim treaty benefits; residents typically use Form 10FB (applied for via Form 10FA). 5. A Quick Illustration Priya, an ROR, holds vested RSUs of her US parent company worth โ‚น18 lakh. During the year, she received USD dividends equivalent to โ‚น40,000, on which 25% (โ‚น10,000) was withheld as US tax. Here’s how it flows through her return: Schedule FA โ€” she reports the RSU holding, including peak and year-end balance. Schedule FSI โ€” she reports the โ‚น40,000 dividend as foreign-source income under “Income from Other Sources”. Form 67 before filing her ITR, attaching proof of the US withholding. Schedule TR โ€” she claims credit for the lower of the โ‚น10,000 US tax paid and the Indian tax payable on that โ‚น40,000, under the India-USA DTAA. The result: her dividend is taxed once, correctly, with credit given for tax already paid abroad โ€” exactly the outcome the law intends. 6. What Happens If Something Was Missed in Earlier Years If your AIS now shows a foreign account or income stream from 2022, 2023 or 2024 that wasn’t reported at the time, there’s no need to panic โ€” but it should be addressed promptly: Non-disclosure of foreign assets by an ROR can attract a penalty of