Foreign Liabilities and Assets Annual Return (FLA Return) (2024)

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Updated on: 30 May, 2024 12:58 PM

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. Entities can file FLA reports online on the FLAIR portal.

Contents

  • What is Foreign Liabilities and Assets Annual Return?
  • FLA return applicability
  • Entities exempted from filing FLA returns
  • Penalty if missed the deadline for submitting FLA return
  • How to file FLA return online?
  • Frequently Asked Questions

What is Foreign Liabilities and Assets Annual Return?

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. However, if company accounts are not audited before the due date, then an FLA return needs to be submitted based on unaudited or provisional accounts, and once its accounts are audited, the businesses have to file a revised FLA return before 30th September.

FLA return applicability

The Foreign Liabilities and Assets (FLA) Return applies to several types of entities:

  • Companies
  • Limited Liability Partnerships (LLPs)
  • Other entities including:
    • SEBI-registered Alternative Investment Funds (AIFs)
    • Partnership firms (with a specific requirement)
    • Public-Private Partnerships (PPPs)

Partnership firms need to file an FLA Return only if they have outstanding Foreign Direct Investment (FDI) at the end of the reporting year (March 31st). If this applies, they must obtain a dummy CIN number from the RBI specifically for filing the FLA Return. This dummy CIN cannot be used for any other purpose. If your partnership firm received a dummy CIN in a previous year, you can use the same number again for this year's FLA Return RBI filing.

Entities exempted from filing FLA returns

Here are the conditions under which a company typically does NOT need to file an FLA Return RBI:

  • No Previous or Current Foreign Investment: The company did not receive FDI (Foreign Direct Investment) or make any overseas investments (ODI) in the current year or any previous years. There are also no outstanding foreign liabilities or assets.
  • Only Share Application Money: The company only has collected share application money and does not have any outstanding FDI or ODI as of the end of March in the reporting year. Share application money is not considered foreign investment until the shares are issued.
  • Transfer of Non-Resident Shares: During the reporting period, all the company's non-resident shareholders transferred their shares to residents. This means there are no longer any foreign holdings in the company (assuming the shares were issued on a non-repatriable basis).

Note: Even if a company did not receive any new FDI or ODI in the latest year, it is still required to file an FLA Return if it has outstanding FDI or ODI from previous years.

Penalty if missed the deadline for submitting FLA return

Failing to submit your FLA Return after the due date (July 15th) is considered a violation of the Foreign Exchange Management Act (FEMA). This can lead to penalties from the Reserve Bank of India (RBI). Here is how the penalty is charged if any entity misses the deadline:

  • Fines: The penalty amount can be:
    • Three times the value involved in the violation (if the violation can be quantified).
    • A fixed amount of Rs. 2 lakhs (if the violation cannot be easily quantified).
  • Daily Fines: If you continue not to file the FLA Return after the due date, you may be charged a daily penalty of Rs. 5,000.
  • Compounding: The RBI's regional officer has the authority to settle the penalty for a lesser amount.

How to file FLA return online?

You can file FLA returns online on the RBI’s FLAIR portal; here is how you can file FLA returns:

Registering on the FLAIR Portal:

  • Visit the FLAIR portal: https://flair.rbi.org.in/fla/faces/pages/login.xhtml
  • Click on "Registration for New Entity Users."
  • Fill out the FLA user registration form with your company details.
  • Upload the required documents, such as a verification letter and authorization letter.
  • Submit the registration form.
  • You'll receive an email with your user ID and a default password.
  • Use these credentials to log in to the FLAIR portal.

Filing Your FLA Return:

  • Once logged in, you can download a draft FLA return form.
  • Review the draft form carefully and make any necessary corrections.
  • Once satisfied, submit the final FLA return to the RBI.
  • Upon submission, you'll receive an acknowledgment within the system confirming your company's FLA data has been received. The RBI will not send a separate email notification.

Frequently Asked Questions

Q- What is FLA return due date 2021?

The FLA return due date is always July 15th of each year.

Q- What is FLA return due date?

The due date for filing the Foreign Liabilities and Assets (FLA) return is July 15th of each year.

If your company's accounts are not audited by this deadline, you can still file the FLA return using unaudited or provisional figures. However, if you do get your accounts audited later, you should submit a revised FLA return by September 30th of the same year.

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Foreign Liabilities and Assets Annual Return (FLA Return) (15)

CA Abhishek Soni

Abhishek Soni is a Chartered Accountant by profession & entrepreneur by passion. He is the co-founder & CEO of Tax2Win.in. Tax2win is amongst the top 25 emerging startups of Asia and authorized ERI by the Income Tax Department. In the past, he worked in EY and comes with wide industry experience from telecom, retail to manufacturing to entertainment where he has handled various national and international assignments.

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Foreign Liabilities and Assets Annual Return (FLA Return) (2024)

FAQs

How to file annual return on foreign liabilities and assets? ›

Information Required for Filing FLA Return
  1. Section I – Identification particulars.
  2. Section II – Financial details.
  3. Section III – Foreign Liabilities.
  4. Section IV – Foreign assets.
  5. Section V – Variation Report.
  6. Setting Up a Business User in FLAIR portal.
  7. Fill in the Entity Details.
  8. Authorised Person's Information.

What are foreign liabilities and assets? ›

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 are the consequences for non 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.

What is the filing 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.

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.

Where do you declare foreign assets? ›

An individual must fill out schedule FA of the ITR if they have invested in foreign assets (such as foreign shares, foreign company mutual funds, etc.) directly or have held employee stock options (ESOPs) of foreign companies.

Who should file a Fla return? ›

Ans: If the Partnership firms, Branches or Trustees have any outward FDI outstanding as on end-March of the latest FY, then they are required to file the FLA return.

What is considered a foreign asset? ›

Cash or foreign currency, real estate, precious metals, art and collectibles. Foreign stocks or securities.

What are foreign assets as per Income Tax Act? ›

This includes stocks, mutual funds, bank accounts, and even employee stock options (ESOPs) from foreign companies. The purpose is to promote transparency and combat tax evasion through offshore accounts. Failing to report these assets in Schedule FA could lead to penalties under the Black Money Act.

What happens if you don't file your taxes but don't owe anything? ›

There's no penalty for failure to file if you're due a refund. However, you risk losing a refund altogether if you file a return or otherwise claim a refund after the statute of limitations has expired.

Is it illegal to not file taxes in Florida? ›

Failure to file your tax return is not tax fraud or tax evasion. It is a misdemeanor crime, though, which can result in up to one year of time in jail. In addition to jail time, you could also face severe penalties that can be as much as $25,000 for each year you didn't file.

Is it a crime to not file tax returns? ›

This means that if you are filing a personal tax return, you can't intentionally under-report your income, lie on your tax return or fail to file a tax return altogether. Doing so is criminal tax fraud. This applies to anything that is taxable in the state — from income to car purchases or gambling winnings.

Do I need to file Florida State Return? ›

Because Florida doesn't tax personal income at the state level, you do not have to complete a Florida state income tax return as an individual.

What is the first to file rule in Florida? ›

In general, the first-to-file rule gives priority to a prior-filed action over a later-filed action. A corollary of the first-to-file rule gives the decision on the propriety of the first-filed suit to the district court presiding over that suit.

What is the 5 day mailing rule in Florida? ›

When a party may or must act within a specified time after service and service is made by mail, 5 days are added after the period that would otherwise expire under subdivision (a).

How do I claim foreign assets? ›

You're required to file T1135 for a given tax year if the total cost amount of your foreign assets exceeds $100,000 at any point during that year. So if you go over this $100,000 threshold every year, then, yes, you'll need to file a T1135 every year.

Are foreign assets taxable in the US? ›

Earnings from foreign bank accounts must be reported and taxed on US Form 1040. Additionally, the taxpayer is required to disclose, on Schedule B, whether they own any foreign bank accounts and they may be required to report the accounts on Form 8938, Statement of Specified Foreign Financial Assets.

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.

Is an individual 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.

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