Is NRE account required to be reflected in Income Tax Return in India? This is in view of the fact that Assessee is filing the return in the country of residence abroad and also in India for income arising in India.
15 January 2024
All income accruing in India only needs to be filed for in India / Maybe we are required to mention the Assets and Liabilities in ITR while filling in India.
03 August 2024
Yes, details of the NRE (Non-Resident External) account may need to be reflected in the Income Tax Return (ITR) in India, particularly if the assessee has income that arises in India or if there are certain conditions that apply. Here’s a detailed breakdown:
### **1. **NRE Account and Income Tax Return**
**a. **Purpose of NRE Account:**
- **Non-Resident External Account:** An NRE account is maintained by non-residents of India to manage their income earned outside India in a freely convertible foreign currency. The principal and interest earned on this account are exempt from Indian income tax.
**b. **Reporting NRE Account in ITR:**
1. **Income in India:** - **Indian Income:** If an individual is a non-resident and has income in India, they must file an income tax return in India. This income could include salary, rental income, or income from investments in India. - **Foreign Income:** Income earned outside India and deposited in the NRE account is not taxable in India. However, it is generally advisable to disclose such accounts to ensure compliance and transparency.
2. **Disclosure Requirements:** - **Foreign Assets:** As per the Income Tax Act, individuals are required to disclose details of their foreign assets, including NRE accounts, if they qualify as a resident or deemed resident in India. - **Schedule FA (Foreign Assets):** For residents and deemed residents, Schedule FA in the ITR form is used to report foreign assets, including bank accounts held outside India. Even though NRE accounts are exempt from tax, they must be reported if they fall under the category of foreign assets.
3. **Filing as Non-Resident:** - **Non-Resident Status:** If you are a non-resident and you are only filing a return for income earned in India, you typically do not need to provide details of your NRE account. However, if there is a requirement for full disclosure of foreign assets, including NRE accounts, this needs to be adhered to.
4. **Compliance and Transparency:** - **Ensuring Compliance:** Even though the interest earned on an NRE account is exempt from tax in India, full disclosure helps in ensuring compliance with the tax regulations and avoids any potential scrutiny or issues.
### **2. **Steps to Take:**
1. **Check Residential Status:** Determine if you are a resident, non-resident, or deemed resident for tax purposes, as this will influence the reporting requirements.
2. **Disclose Foreign Assets if Applicable:** - **For Residents/Deemed Residents:** Fill out Schedule FA to report foreign assets, including NRE accounts, even though the income from these accounts is not taxable. - **For Non-Residents:** Report only Indian income and ensure compliance with any specific guidelines that may apply to foreign assets.
3. **Consult Tax Professionals:** - **Seek Advice:** Consulting a tax professional or advisor familiar with both Indian and international tax laws can help ensure accurate reporting and compliance with all applicable regulations.
### **Summary:**
- **NRE Account Details:** Typically, NRE account details must be reported if you are required to disclose foreign assets (e.g., if you are a resident or deemed resident). - **Income Reporting:** Ensure that you accurately report income earned in India and adhere to disclosure requirements for foreign assets if applicable. - **Consultation:** Seek advice from tax professionals to ensure compliance with both Indian and international tax regulations.
This approach helps in ensuring that your tax filings are accurate and comply with the regulations set forth by the Indian Income Tax Department.
CAclubindia
