Foreign Liabilities and Assets (FLA) (2024)

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.

This return needs to be filed by July 15 every year. Non filing of this return shall be considered as violation of FEMA.

The company can file unaudited accounts before the due date of submission, i.e. July 15, then the FLA Return should be submitted based on unaudited (provisional) account.
Once the accounts gets audited and the companies are supposed to submit the revised FLA return based on audited accounts by end – September.

No FDI/ODI in the latest year – if the company has not received ODI/FDI in the latest year but still the company is required to file FLA every year by 15th July because the company has outstanding FDI/ODI.

FLA and APR – The company is required to file FLA even if it has filed Annual Performance Report (APR) for ODI as both are two different returns and are filed to two different departments of the RBI.

Cases where the Company is not required to file FLA

  1. In case, if the company does not have any outstanding investment in respect of FDI (inward and outward) as on end March of the reporting year.
  2. Second case could be where the company has only received share application and does not have any foreign direct investment or overseas direct investment outstanding as on 31st March of the reporting year.

FLA is submitted on Foreign Liabilities and Assets Information Reporting (FLAIR) Portal : https://flair.rbi.org.in/fla/faces/pages/login.xhtml#
The entity which is required to file FLA needs to have a login on Foreign investment in India - Reporting in Single Master Form (FIRMS) portal-

Following are the requirements to register on the FIRMS Portal.

First Name*Middle Name
Last Name*User Name*
Email*Confirm E-mail*
PAN number*Mobile Number*
Entity Name*Company Type*
CIN / LLPIN*Regional Office Name*
Address*Authority Letter*

Format of Authority letter can be found on this link:
https://flair.rbi.org.in/fla/faces/pages/login.xhtml
Once the details are submitted successfully, the user will receive the password on the registered email id within 48 hours.

After receiving the password the user will be asked to change the password and create a new one.

In case the user does not receive the password within 48 hours, the can raise their query through mail for any further assistance or call the FIRMS helpdesk number.

Foreign Liabilities and Assets (FLA) (2024)

FAQs

What is the foreign assets and liabilities statement? ›

The Foreign Liabilities and Asset (FLA) Return is a mandatory annual report for Indian organisations that have received foreign direct investment (FDI) or have invested in FDI overseas.

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

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.

What is the definition of foreign liabilities? ›

Foreign liabilities are the stock of domestic assets owned by overseas residents (foreign equity) and the total amount of money Australia owes to overseas residents (foreign debt). Put it simply: Foreign liabilities = Total Foreign Debt + Total Foreign Equity.

Do I need to report my foreign financial assets? ›

You must report the maximum value of the foreign financial assets or financial accounts with foreign financial institutions, and certain other foreign non-account investment assets. The assets are reported in U.S. dollars using the end of the taxable year exchange rates.

What does the IRS consider a foreign asset? ›

Generally, the IRS has explained that a specified foreign financial asset includes any financial account maintained by a foreign financial institution; Other foreign financial assets, which include stock or securities issued by someone other than a U.S. person,any interest in a foreign entity, and any financial ...

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 are the consequences for non 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.

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.

What is meant by foreign assets? ›

Foreign Assets means any of the Portfolios' investments (including foreign currencies) for which the primary market is outside the United States and such cash and cash equivalents as are reasonably necessary to effect the Portfolios' transactions in such investments.

What is the IRS definition of foreign income? ›

The source of your earned income is the place where you perform the services for which you receive the income. Foreign earned income is income you receive for performing personal services in a foreign country. Where or how you are paid has no effect on the source of the income.

What is an example of liability of foreignness? ›

For example, these may include restrictions on high technology exports, embargos on trade, and investment against specific countries among others. Considerable empirical research has concentrated on the question of what firms can do to overcome LOF.

What is an asset and liabilities statement? ›

Assets are what a business owns, and liabilities are what a business owes. Both are listed on a company's balance sheet, a financial statement that shows a company's financial health. Assets minus liabilities equal equity—or the company's net worth. Ideally, a company should have more assets than liabilities.

Do I have to report foreign real estate to the IRS? ›

Selling Foreign Real Estate is Taxable (Capital Gains)

Therefore, when a US person owns a foreign rental property and sells that property, the rental property must be included on the US tax return using Schedule D and applicable spot rates for currency exchange translations.

What foreign assets should be reported? ›

What foreign assets should be reported to the IRS?
  • Foreign bank accounts.
  • Securities.
  • Financial accounts.
  • Foreign-issued instruments like stocks and bonds.
Oct 12, 2023

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.

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