Foreign Liabilities and Assets Annual Return (FLA Return): Due Date, Applicability (2024)

Annual return on Foreign Liabilities and Assets (FLA) is required to be submitted by all the companies which have received FDI and/or made overseas investment in any of the previous year(s), including the current year (July 15 every year).

Introduction

As more companies involve themselves with foreign investments, the importance of the Foreign Exchange Management Act (FEMA) regulations and their compliance becomes a major part of the companies’ operations. FLA annual return are one of the compliances that have to be met by the companies that are involved with FDI (Foreign Direct Investments) or companies who invest in foreign companies either via joint venture or wholly owned subsidiaries, also termed as Overseas Direct Investment (ODI). FLA annual return should cover all the foreign investments made by the company and/or to the company and it must be directly submitted by the company to the Reserve Bank of India.

Who needs to file FLA Annual Return?

The regulation under FEMA, 1999 requires any company who has either made ODI or received FDI, to file the FLA annual return. The companies have to report the current financial year’s FLA as well as the previous year(s) assets and liabilities. In the case where a company does not have any foreign assets or liabilities for the current year but has outstanding FDI or ODI from the previous year(s), it must file the FLA annual return indicating their outstanding assets or liabilities.

The FEMA regulations also require partnership firms to file FLA annual return if they have received FDI or made ODI. In the case of partnership firms, the RBI will issue a dummy CIN upon its request which will be used only for the filing of FLA annual return. In case a dummy CIN has already been issued, the partnership firm will use the same for the filing of the FLA return.

Filing of FLA return

The prescribed method of filing of FLA annual return is via an excel sheet. It is required to be filed by all the companies falling under the criteria already mentioned. The filing of the FLA annual return has to be done before the 15 of July of the respective year and must include data of FDI or ODI received or made by the company respectively for any previous year(s) and the current year.

The form is to be mailed by any authorised member of the company from their email ID to the official email ID of the RBI i.e. [email protected]. The members of the company authorised to file the FLA return are Company Secretary, Chief Financial Officer, and Directors. The details filed must comprise of the financial details as well as other required details in accordance with the companies audited accounts.

In case the company does not have their accounts audited before 15 July, the company is to file the FLA return according to the unaudited accounts and have their accounts audited thereafter. After the audit, if there are any changes regarding the details filed, the company has to file another form with the updated details before the last day of September of the same year. After the filing of the FLA return, an acknowledgement mail will be sent by the RBI to the email ID of the authorised person. The format for the filing of the FLA return can be found on https://www.rbi.org.in/Scripts/BS_ViewFemaForms.aspx. Queries may be addressed by sending an e-mail to, [email protected].

Important points to be kept in mind for filing FLA return

  • In case the company does not file the FLA return within the given time, the company will be liable to pay a penalty of thrice the sum involved in the contravention. In case it is not quantifiable, then a penalty of Rs 2,00,000 will have to be paid by the company. If the contravention is continuing, a penalty of Rs 5,000 per day will have to be paid by the company.
  • The Due date for the filing of FLA return is on 15 of July of that year. In case the FLA return filed is based on unaudited accounts, a revised form has to be filed based on audited accounts before the end of September of the same year.
  • The regional offices of RBI have the power to compound contraventions without any limit. This, however, does not apply to the regional offices of Kochi and Panaji.

Companies exempted from filing FLA return

  • Companies that have only issued shares on a non-repatriable basis to the non-residents of India are exempt from filing FLA return.
  • Companies who do not have any outstanding balance of FDI or ODI by the end of the financial year are exempt from filing FLA return.
  • Companies that have only received share application money and have not received any FDI or not made any ODI, are exempt from filing FLA return.
Foreign Liabilities and Assets Annual Return (FLA Return): Due Date, Applicability (2024)

FAQs

Foreign Liabilities and Assets Annual Return (FLA Return): Due Date, Applicability? ›

Foreign Liabilities and Assets Annual Return comes under the Foriegn Exchange Management Act (FEMA), and it is mandatory to file for businesses who either received FDI or Made FDI abroad. FLA is required to be filed before the due date of 15th July, and if missed, it can lead to a penalty under FEMA.

What is annual return on foreign liabilities and assets? ›

FLA annual return should cover all the foreign investments made by the company and/or to the company and it must be directly submitted by the company to the Reserve Bank of India.

What is the applicability of filing FLA return? ›

What is the applicability of FLA Return? It applies to entities receiving or making FDI or ODI, including companies, LLPs, AIFs, Partnership Firms, and PPPs. What is the non-applicability of FLA Return? Entities without FDI or ODI, or only involved in share application money without outstanding FDI/ODI, need not file.

What is the due date for FLA? ›

RBI has extended the due date for filing of Foreign Liability and Assets (FLA) return for the F.Y. 2023-24 to 31st July 2024. Originally, the date for filing the FLA Annual Return for Financial year (FY) 2023-24 was 15th July 2024.

What is the due date for FEMA return? ›

Ans: Non-filing of the return on or before due date (July 15 of every year) will be treated as a violation of FEMA and penalty clause may be invoked for violation of FEMA.

What are the consequences of not filing FLA return? ›

The penalty for non-filing of FLA return is as follows:

If the sum is not quantifiable, a penalty of Rs. 2,00,000 will be applicable. Additionally, if the contravention continues, a penalty of Rs. 5,000 per day will be imposed on the company.

Who is required to file a FLA? ›

Foreign liabilities and assets annual return (FLA) is mandatory to file for companies, LLPs, and certain other entities who are involved in foreign investment, whether they receive FDI or make FDI abroad. FLA is to be reported as required by the Reserve Bank of India before 15th July of each year.

How to prepare a Fla return? ›

Prepare Online Return, Verify and Submit: Once the companies create a business user successfully on FLAIR portal and get the password from RBI on registered email ID, Company will prepare the FLA return online, download and re-check and submit the return online. The FLA return is divided into 5 Sections.

What is the FLA in income tax? ›

FLA return is the annual return required to be submitted by the following entities which have received FDI and/or made FDI abroad (i.e. overseas investment) in the previous year(s) including the current year i.e., who holds foreign assets or/and liabilities in their balance sheets by 15th of July every year.

What is fla compliance? ›

The FLA Workplace Code of Conduct and Compliance Benchmarks define labor standards that aim to achieve decent and humane working conditions in factories and manufacturing facilities.

What is the due date start date? ›

Start date: the earliest possible date (start-of-day) you can begin working on a task. Due date: the date (end-of-day) when you would ideally like to have the task completed.

What is the due date for due date? ›

The estimated due date (EDD or EDC) is the date that spontaneous onset of labor is expected to occur. The due date may be estimated by adding 280 days ( 9 months and 7 days) to the first day of the last menstrual period (LMP). This is the method used by "pregnancy wheels".

What is the due date amount? ›

Due date rate is the amount of debt that has to be paid on a date decided in the past. It can also be known as maturity date rate. If the due date amount is higher than the actual amount, then it results in profit, otherwise it's a loss.

How often does FEMA audit? ›

After every major disaster, FEMA conducts audits of disaster assistance payments to ensure that taxpayer dollars were properly provided by the agency and appropriately used by recipients.

How long does it take to get money from FEMA? ›

How long will it take to get FEMA/State disaster help? If you are eligible for help, you should receive a U.S. Treasury/State check or notification of a deposit to your bank account within about ten days of the inspector's visit. Other types of assistance may be provided later, based on specific eligibility and need.

Did FEMA extend hotel stays in 2024? ›

In its letter, FEMA said it capped stays between June 2021 and May 2023 because by that time transmission rates were down and 20 days was the Centers for Disease Control and Prevention's maximum recommended period of quarantine.

What is the meaning of foreign assets and liabilities? ›

Foreign Liabilities and Assets (FLA) is an Annual Return which is to be submitted by all those Indian Resident Companies which have received Foreign Direct investment (FDI) and/or made Investment Overseas (FDI Abroad) in previous year(s) which shall also include information of the current year.

What is the annual return on assets? ›

Although there are multiple formulas, return on assets (ROA) is usually calculated by dividing a company's net income by the average total assets. Average total assets can be calculated by adding the prior period's ending total assets to the current period's ending total assets and dividing the result by two.

How do you report foreign assets on tax return? ›

Reporting by U.S. Taxpayers Holding Foreign Financial Assets

U.S. taxpayers holding foreign financial assets may be required to report certain information about those assets on Form 8938, Statement of Specified Foreign Financial Assets. Taxpayers must attach Form 8938 to their annual tax return.

What is the penalty for not filing the Fcgpr? ›

If a company fails to file the FCGPR form within the prescribed timeline, it will face penalties. The penalty for delayed reporting is 1% of the total investment amount, with a minimum of INR 5,000 and a maximum of INR 5 lakhs per month or part thereof for the first six months of delay.

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