Foreign Assets Disclosure Scheme: Concerns rise over high fee on ESOPs, small investments

Why in the News

The Foreign Assets of Small Taxpayers – Disclosure Scheme (FAST-DS), launched on 16 August, charges a flat Rs 1 lakh fee to disclose a foreign asset that was already taxed or acquired as a non-resident but was not declared in the income tax return. Salaried employees holding unreported employee stock ownership plans (ESOPs) and restricted stock units (RSUs) (shares granted by an employer as part of pay, vesting over time) must pay the fee even where they made no gain. The scheme was proposed in this year’s Budget to address the “practical issues of small taxpayers like students, young professionals, tech employees, relocated NRIs”. The tension is between a fee designed as a low-cost route to compliance and a flat amount that exceeds the value of many of the assets it is meant to regularise.

What are the two categories under FAST-DS?

1. Where the complaints sit: The dispute is entirely about Category (ii), where the asset was never untaxed and the only lapse is non-disclosure in the return.
2. The alternative the Act blocks: The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 does not recognise an updated return for income that was never taxed or disclosed, so an updated return does not cure the lapse.

Why does a flat fee fall hardest on the smallest disclosers?

1. Fee exceeding the asset: A salaried individual who invested Rs 90,000 in United States-listed stocks, now trading at a loss, must pay Rs 1 lakh upfront to disclose the loss-making holding. The transfer already appeared in the Annual Information Statement (AIS) of his return; only the separate Schedule FA entry was missing.
2. Fee on salary already reported: An employee of a foreign company operating in India had the vesting details of his ESOPs in his salary but not in Schedule FA. He must pay Rs 1 lakh as a disclosure charge on income that was already part of his taxed pay.
3. The employee’s objection: ESOPs are part of salary, and Rs 1 lakh for disclosure alone is too high a price for a reporting omission.
4. The materiality test: Materiality is the maximum error allowed in financial statements before they are considered wrong. Where the amounts fall below any reasonable materiality threshold, a Rs 1 lakh penalty is disproportionate to the error.

Why are ESOPs and residency status at the centre of the dispute?

1. Non-residents who became residents: Many employees received ESOPs from their global companies as non-resident Indians (NRIs) and were later deputed to India, becoming residents. They did not disclose the old grants earlier and are disclosing them now.
2. Disclosure invites a notice: After disclosure, the discloser receives a notice asking how the asset was acquired. The position put to the authorities is that the change from non-resident to resident status must be recorded before such notices issue.
3. ESOPs as a mainstream pay component: ESOPs are a key salary component in the technology sector, startups and foreign companies. The scale shows in the Balance of Payments (BoP) line for “financial derivatives (other than reserves) and employee stock options”.
4. The outflow figures: Net outflows under that BoP line stood at just under $24 billion in 2025-26, up 8 per cent from about $22 billion in 2024-25. The 2024-25 figure had itself almost tripled from nearly $8 billion in 2023-24.

Is the updated return a way around the scheme?

1. What employees are considering: Many employees are weighing an updated return for such anomalies instead of disclosing under the scheme, with greater scrutiny after disclosure the key concern.
2. The tax department’s position: Even if an updated return is filed, the discloser remains liable to tax and penalty under the Black Money Act, because the Act does not recognise updated returns for income never taxed or disclosed. Disclosure under FAST-DS is therefore the safer route, and the department states there is no intention of additional scrutiny of such declarations.

Challenges to FAST-DS

1. A flat fee suppresses uptake: A disclosure window succeeds only if the cost of using it is below the cost of staying hidden, and a fee larger than the asset inverts that calculation for small holders. Eg. The 90-day compliance window under the Black Money Act in 2015 drew only 644 declarations totalling Rs 4,164 crore.
   The Fix: Slab the Category (ii) fee by asset value, with a nominal fee below a stated threshold.
2. The department already holds the data: For many disclosers the asset is visible in the AIS or through automatic exchange of financial account information, so the fee is charged for reporting what the department can see. Eg. India receives account data on residents’ foreign holdings under the Common Reporting Standard, with exchanges running since 2017.
   The Fix: Pre-fill Schedule FA from AIS and exchanged data and treat a confirmed pre-filled entry as compliance without a separate fee.
3. Post-disclosure notices deter the target group: Relocated professionals who disclose and then receive an acquisition notice signal to others that disclosure invites inquiry. Eg. Notices asking how an ESOP grant was acquired reach employees whose grant date predates their residency.
   The Fix: Issue a standing instruction that Category (ii) disclosures carrying non-resident acquisition dates close without notice unless a third-party data mismatch exists.

Conclusion

The scheme’s design assumes the small taxpayer’s problem is fear of the Black Money Act, when for ESOP holders the problem is a fee unrelated to the size of the lapse. That mismatch is unresolved and no revision of the fee has been announced. The scheme is open and the source states no closing date. What to watch is whether the Central Board of Direct Taxes slabs the Category (ii) fee or clarifies the treatment of grants acquired as a non-resident.

Back2Basics

1. Schedule FA: Schedule FA (Foreign Assets) is the part of the income tax return in which a resident and ordinarily resident taxpayer must list every foreign asset held at any time in the year, including shares, ESOPs, bank accounts and immovable property, whether or not it produced income.
2. Who must file it: The obligation applies to residents only, so a non-resident who acquired an asset abroad first becomes liable to report it in the year he becomes resident.
3. The penalty it carries: Failure to report attracts a penalty of Rs 10 lakh under the Black Money Act, relaxed from 2024 for movable foreign assets, other than immovable property, of up to Rs 20 lakh in aggregate.

Matching Previous Year Question

“[2026] Which one of the following best describes the ‘Crowding Out Effect’ in the context of fiscal policy? (a) A situation where private investment increases due to increased Government spending (b) A situation where Government borrowing leads to higher interest rates, which reduces private investment (c) A situation where an increase in taxes leads to increased private sector investment (d) A situation where Government spending has no impact on aggregate demand Answer: B”