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ITR Filing

Returning to India with US RSUs? Schedule FA needs the account, not just the shares

You moved back with vested RSUs sitting in a US brokerage, and you reported the shares but not the account they sit in.

You came back to India after years in the US, your vested RSUs are still in a Fidelity, E-Trade or Schwab account, and once you became ordinarily resident you knew you had to disclose them in Schedule FA. So you filled in the shares. The trap is that the shares and the account they sit in are two separate disclosures, and reporting only the shares leaves the brokerage account itself undisclosed, which is exactly what the Black Money Act penalises. This is one of the most common returning-techie mistakes, and fixing it is India-side work.
Last reviewed: 4 August 20267 min readReviewed by Preetesh Maloo, CA

The short answer

A US brokerage holding your vested RSUs needs two Schedule FA entries, not one. Table A2 discloses the foreign custodial account, the brokerage account itself, and Table A3 discloses the foreign equity, the vested shares inside it. Filing only Table A3 leaves the account undisclosed, and an incomplete Schedule FA is treated as non-disclosure of a foreign asset. Two more things trip people up. Schedule FA runs on the calendar year (1 January to 31 December), unlike the rest of the return, and it applies once you are resident and ordinarily resident, not during your RNOR years. And there is no minimum value for disclosure: even one share held for one day must be reported. The penalty for getting it wrong is flat and heavy under the Black Money Act 2015, so the fix is to complete both tables, with the right conversions, from the first year you are ordinarily resident.

References on this page

  • Schedule FA of the ITR: foreign assets, reported on a calendar-year basis (1 January to 31 December), once resident and ordinarily resident
  • Table A2: foreign custodial account (the brokerage account); Table A3: foreign equity and debt interest (the shares)
  • Black Money Act 2015, Section 43: flat penalty for failure to disclose a foreign asset in the return
  • Section 6: RNOR is not required to fill Schedule FA; the duty begins on becoming ordinarily resident

The shares and the account are two different disclosures

The mistake is treating the RSUs as one thing to report. In Schedule FA the brokerage account and the shares inside it are disclosed separately. The account, your Fidelity, E-Trade or Schwab account, is a foreign custodial account and goes in Table A2. The vested shares themselves are foreign equity and go in Table A3.

Many returning engineers fill Table A3 with the shares, see the holding reported, and stop. But the custodial account in Table A2 is then left blank, so the account that holds everything is undisclosed. The department treats an incomplete Schedule FA as a failure to disclose the foreign asset, which is the omission the Black Money Act is built to punish. So the rule is simple: whenever RSUs sit in a foreign brokerage, both A2 and A3 have to be filled.

The calendar-year and RNOR quirks that catch people out

Schedule FA does not follow the rest of your return. The whole return runs on the Indian financial year, April to March, but Schedule FA reports foreign assets held during the calendar year, 1 January to 31 December. So the period you describe your holdings over is different from the period your income is taxed over, and mixing them up produces a wrong schedule.

The other quirk is who has to file it. Schedule FA is required only once you are resident and ordinarily resident. During your RNOR years, which a returning NRI usually gets for two to three years, you are not required to fill it. So the disclosure duty switches on the year you become ordinarily resident, and that is the first year both tables must be complete.

Why the penalty is the reason to get this right

The reason to take Schedule FA seriously is the Black Money Act 2015. Its penalty for failing to disclose a foreign asset in the return is a flat 10 lakh rupees for the year, and it applies to the omission itself, not to unpaid tax. So declaring the RSU income does not cover you if the account is missing from Table A2.

Be careful about one thing you may have read. A later change exempts smaller movable foreign assets from that 10 lakh penalty in some cases, but that is relief from the penalty, not permission to leave the asset off the return. The duty to disclose has no threshold. So the safe position is to report the account and the shares in full, every year you are ordinarily resident, and treat the penalty relief as a backstop rather than a reason to skip a disclosure.

A worked example: Karthik's Schwab account after moving to Bengaluru

Karthik moved back to Bengaluru with about 30,000 dollars of vested RSUs in a Schwab account. For his first two years home he was RNOR, so Schedule FA did not apply. In the third year he became ordinarily resident, and the disclosure switched on.

He first filed only Table A3, listing the shares, and left Table A2 blank. His CA caught it: the Schwab account itself was undisclosed, an incomplete Schedule FA and a Black Money Act exposure even though he had declared the dividends. They corrected it to show the custodial account in Table A2 and the shares in Table A3, using the calendar-year period and the right exchange rates, so both the account and the holding are on record. Karthik now files both tables every year, and the RSUs are a clean line on his return rather than a penalty waiting to happen.

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What's involved

What the CA actually does

  1. 1

    We complete both Table A2 and Table A3

    We disclose the foreign custodial account in Table A2 and the vested shares in Table A3, so the account is never left off, which is the omission the Black Money Act targets.

  2. 2

    We get the calendar-year period and conversions right

    We report the holdings over the calendar year Schedule FA actually uses, with the correct exchange rates on the right dates, so the schedule is internally consistent and defensible.

  3. 3

    We map when the disclosure duty starts

    We confirm when your RNOR window ends and you become ordinarily resident, because that is the first year Schedule FA is due, and we make sure nothing is missed from that year on.

  4. 4

    We check prior years and close any exposure

    If earlier ordinarily-resident years were filed with only Table A3, or missed entirely, we assess the Black Money Act exposure and put it right rather than leave it to surface in a notice.

What to have ready

Documents you'll typically need

  • Your US brokerage statements (Fidelity / E-Trade / Schwab) for each calendar year
  • RSU vesting records and the shares held
  • Your date of return and when you became ordinarily resident
  • Any dividends received and US tax withheld
  • PAN and your filed Indian returns for the ordinarily-resident years

Your destination country can change the details

Requirements differ from one consulate, university and visa route to the next — how recent the figures must be, how long funds must have been held, and which certificates are mandatory. We assemble the documents around the exact checklist you're applying under. To see how India's tax treaty with your country of residence affects related filings, set your country below or compare all 46 countries.

Frequently asked questions

Common questions

US RSUs to disclose on your Indian return?

Send us your brokerage statements. A practising CA will complete Schedule FA A2 and A3 correctly and check your earlier years. Free call, no obligation.

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