Skip to main content

E filing of foreign assets scores over physical route

For compliance to be valid, pay the entire penalty plus tax within the allowed deadline
One of the concerns regarding the one- time settlement window under the Undisclosed Foreign Income and Foreign Assets Bill, 2015 ( Black Money Act) is that the information could be misused. Tax payers are worried they could be subject to stringent scrutiny by assessing officers ( AOs) on their income, assets, and bank accounts. According to experts, this problem can be addressed to some extent by filing directly, online or physically, with a separate cell and not through the regular procedure.
Suresh Surana, founder of RSM Astute Consulting, says, ā€œBy allowing e- filing for the one- time settlement and not going through AOs but to a separate government cell directly, the sanctity of the information will be maintained. The information will not be leaked and AOs will not be able to use this information to ask questions about other assets or bank accounts of tax- payers,ā€™ā€™ he says.
Under the one- time settlement window, tax payers have time till September 30 to declare their illegal foreign assets and income and till December 31 to pay the penalty and tax. The penalty and tax together is 60 per cent of the assets. After the window, those found with illegal assets will be charged 90 per cent penalty.
For the one- time settlement, tax- payers have to use Form 6. It can be done either physically or electronically. In case of e- filing, tax- payers will need to use a digital signature, which can be purchased from agencies that offer it for a fee. Without the digital signature the disclosure is not valid.
ā€œTax- payers have to purchase the signature and register it with the I- T department before they can use it. The online route is preferable since it will be faster and tax payers donā€™t have much time at their disposal,ā€™ā€™ says Amol Mishra, head of tax, my ITreturn. com In case of e- filing, the acknowledgment received is the final acknowledgment. There is no need to send the physical acknowledgment to the central processing centre. Digital signatures can be purchased from private agencies by paying a fee and furnishing basic information such as PAN card, proof of identity and address. There are different varieties of digital signatures. For all statutory and tax compliance, usually it is Tier- II signature that is used, says Mishra. ā€œ The signature is valid for two years from the date of purchase. It can also be used for any other purpose where adigital signature is valid, but remember to register with the agency or government body concerned,ā€ he says.
While steps such as e- filing will simplify the disclosure process, structural issues are still not addressed, says Surana of RSM Astute Consulting. ā€œ For instance, the tax plus penalty rate of 60 per cent is too stiff. You effectively end up paying 150 per cent of the post- tax income. Then, the rule about disclosing details of all bank account and all deposits in the account, but not withdrawals, is confusing. And every single deposit need not mean it is income. Does one have to keep documentary evidence of all receipts? These issues require clarity.ā€ Going ahead, the risk of lack of compliance will be greater as regulation and exchange of information between countries increases, he adds.
Hence, it is advisable to use the compliance window and declare foreign assets. But tax payers must also keep in mind that if they dont pay the entire penalty plus tax amount before December 31, the compliance will not be considered valid. Similarly, if it is discovered that the tax payer had suppressed any information or shown incorrect calculation of the income or assets, then, too, the compliance will be not be considered valid, Mishra adds.
Business Standard, New Delhi, 24th July 2015

Comments

Popular posts from this blog

Budget: Startup sector gets new Fund of Funds, FM to allocate Rs 10K cr

  The Indian startup sector received a boost with Finance Minister Nirmala Sitharaman announcing the establishment of a new fund of funds (FoF) in the Budget 2025. The minister unveiled a fresh FoF with an expanded scope, allocating Rs 10,000 crore. The initial fund of funds announced by the government with an investment of Rs 10,000 crore successfully catalysed commitments worth Rs 91,000 crore, the minister said.   ā€œThe renewal of the Rs 10,000 crore commitment to the Fund of Funds for alternative investment funds (AIFs) is a significant step forward for the Indian startup and investment ecosystem. The initial Rs 10,000 crore commitment catalysed Rs 91,000 crore in investments, and I fully expect this fresh infusion to attract an additional Rs 1 lakh to Rs 1.5 lakh crore in capital,ā€ said Anirudh Damani, managing partner, Artha Venture Funds.   Damani further added that this initiative will provide much-needed growth capital to early-stage startups, further strengthenin...

GST collection for November rises by 8.5% to Rs.1.82 trillion

  New Delhi: Driven by festive demand, the Goods and Services Tax (GST) collections for the Union and state governments climbed to Rs.1.82 trillion in November, marking an 8.5% year-on-year growth, according to official data released on Sunday. Sequentially, however, the latest collection figures are lower than the Rs.1.87 trillion reported in October, which was the second highest reported so far since the new indirect tax regime was introduced in 2017. The highest-ever GST collection of Rs.2.1 trillion was reported in April. The consumption tax figures highlight the positive impact of the recent festive season on goods purchases, providing a much-needed boost the industry had been anticipating. The uptick in GST collections driven by festive demand had been anticipated by policymakers, who remain optimistic about sustained growth in rural consumption and an improvement in urban demand. The Ministry of Finance, in its latest monthly economic review released last week, stated that I...