FAST-DS 2026: Foreign Assets Disclosure Scheme for Small Taxpayers - Somu & Associates
Taxation

FAST-DS 2026: The New Disclosure Scheme for Undisclosed Foreign Assets

A one-time window to voluntarily declare undisclosed foreign assets or foreign income, in exchange for immunity under the Black Money Act - here is who qualifies, what it costs, and how the process works.

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The Foreign Assets of Small Taxpayers - Disclosure Scheme, 2026 (FAST-DS) opened on 16.08.2026. It gives eligible taxpayers a one-time, limited window to come clean on undisclosed foreign assets or foreign income - and in some cases, on foreign assets that were already taxed but never reported in the ITR - before the department finds them first.

What Is FAST-DS?

FAST-DS is a voluntary disclosure scheme under Chapter IV (Sections 130 to 144) of the Finance Act, 2026, read with the Foreign Assets of Small Taxpayers - Disclosure Scheme Rules, 2026. It lets an eligible assessee declare certain undisclosed foreign assets, undisclosed foreign income, or foreign assets that were never reported in the return, and settle the matter by paying a specified tax or fee - electronically, through the office of the Principal Director General / Director General of Income-tax (Systems).

It sits alongside the Black Money Act, 2015, but works differently. Instead of penal consequences for a foreign asset that surfaces later, FAST-DS offers a defined, one-time cost to regularise it now.

Key Dates

Commencement
16.08.2026

The Scheme comes into force. Declarations can be filed from this date.

Valuation Date
31.03.2026

Fair market value of every asset being declared must be computed as on this date.

Last Date to Declare
31.12.2026

No declaration can be filed after this date - there is no provision to extend it.

Who Can Declare (Eligibility)

The Scheme defines a specific class of "assessee" who can use it. You qualify if you fall into either of these categories for the relevant previous year:

Eligible Assessee

  • You are resident in India (per Section 6 of the Income-tax Act, 1961) for the relevant previous year, or
  • You are currently a non-resident, or resident but not ordinarily resident (RNOR), but you were resident in India either in the previous year to which the undisclosed foreign income relates, or in the previous year the foreign asset was acquired

In other words, a person who has since moved abroad and become an NRI is not automatically shut out - what matters is residential status in the year the income arose or the asset was bought, not residential status today.

A declaration can further only be made on one of these grounds: you failed to furnish a return under Section 139, you failed to disclose the asset or income in a return already filed before the Scheme commenced, or the asset or income has escaped assessment under Section 147.

What Can Be Declared

FAST-DS recognises two distinct categories of declaration, each with its own monetary ceiling. Which one applies to you depends on whether the asset or income was ever offered to tax at all.

CategoryWhat It CoversMonetary Threshold
Category 1An undisclosed foreign asset, or undisclosed foreign income, that was never offered to taxAggregate of the asset's value (as on 31.03.2026) and the undisclosed income must not exceed ₹1 crore
Category 2A foreign asset already offered to tax (or acquired while you were a non-resident), but never disclosed in the relevant Schedule of your ITRAggregate value of the foreign assets must not exceed ₹5 crore

Our Foreign Income Tax Compliance article covers Schedule FA disclosure requirements in detail, if you are unsure whether an asset should already have been reported there.

What You Pay

The cost is tied to which category the declaration falls under - and the two are structured very differently.

CategoryAmount Payable
Category 1Tax at 30% of the declared value/income, plus an additional amount equal to that tax - an effective 60% of the declared figure
Category 2A flat fee of ₹1 lakh, provided the aggregate asset value does not exceed ₹5 crore
Worked Example - Category 1
  1. An undisclosed foreign bank account is valued at ₹60 lakh, and undisclosed foreign income of ₹20 lakh is also being declared.
  2. Tax at 30% works out to ₹18 lakh on the account and ₹6 lakh on the income.
  3. An additional amount equal to the tax - ₹18 lakh and ₹6 lakh respectively - is also payable.
  4. Total amount payable: ₹48 lakh.
ItemValue / IncomeTax (30%)Additional (100% of Tax)Total Payable
Foreign bank account₹60,00,000₹18,00,000₹18,00,000₹36,00,000
Foreign income₹20,00,000₹6,00,000₹6,00,000₹12,00,000
Total₹80,00,000₹24,00,000₹24,00,000₹48,00,000
Note: If the aggregate value of assets under Category 2 exceeds ₹5 crore - say ₹6.5 crore - the assessee is not eligible to use the Scheme for that declaration at all, not even at a higher fee.

How Assets Are Valued

Every declared asset must be valued as on 31.03.2026, and the general rule across asset classes is the same: fair market value is the higher of the cost of acquisition and the open-market price on the valuation date - ideally backed by a recognised valuer's report. Where no such valuation is carried out, the indexed cost of acquisition is deemed to be the fair market value instead.

Asset ClassFair Market Value Basis
Bullion, jewellery, precious stones, artistic worksHigher of cost or open-market price (recognised valuer's report); else indexed cost
Quoted shares / securitiesHigher of cost or the average of the day's lowest and highest traded price on the valuation date (or nearest preceding trading date)
Unquoted equity sharesHigher of cost or a prescribed net-asset-based formula; else indexed cost
Unquoted shares/securities (non-equity)Higher of cost or open-market price (valuer's report); else indexed cost
Immovable property outside IndiaHigher of cost or open-market price, per a valuer recognised in that country; else indexed cost
Interest in a foreign firm, AOP or LLPNet assets of the entity apportioned by capital contribution, with the residual split per the partnership agreement or profit-sharing ratio
Foreign bank accountSum of all deposits from account opening to the valuation date, net of specified exclusions
Any other (residuary) assetHigher of cost/amount invested or open-market arm's-length price; else indexed cost

Valuing a Foreign Bank Account

A foreign bank account is valued differently from other assets - it is the sum of all deposits made into it from the date it was opened up to 31.03.2026, not the closing balance. Two exclusions apply: deposits that are simply a re-deposit of an earlier withdrawal from the same account are not counted twice, and if part of the account was already declared under Chapter VI of the Black Money Act, 2015 with tax and penalty paid, only deposits made after that earlier declaration are aggregated now.

Similarly, if the proceeds of one asset - a bank account, say - were used to buy another asset, the value of the original account is reduced by the amount reinvested, so the same money is not counted under two different assets.

Tolerance for variance: For assets other than a bank account, if the value you declare differs from what the Assessing Officer later determines by not more than 20%, that difference alone will not invalidate the declaration on grounds of misrepresentation or false particulars.

How to File - Form 1 to Form 4

The process runs entirely online, through four linked forms. A single Form 1 can cover multiple assets or income items - the relevant sections simply repeat as many times as needed - and supporting documents, including any valuation report, must be uploaded with it.

Step 1
Form 1 - Declaration

Filed electronically, any time between 16.08.2026 and 31.12.2026, with supporting documents and valuation reports.

Step 2
Form 2 - Amount Determined

The income-tax authority issues an order stating the amount payable, within one month from the end of the month of declaration.

Step 3
Payment

Due within two months from the end of the month Form 2 is received - extendable by up to two further months with 1% simple interest per month of delay.

Step 4
Form 3 - Intimation

Payment proof (and interest, if any) is reported electronically within the period allowed for payment.

Step 5
Form 4 - Certificate

Once Form 3 is verified against the Form 2 order, a payment certificate is issued within one month from the end of that month.

Outer Limit
4 Months

Maximum extension from the end of the month Form 2 was passed. Miss this, and the Scheme benefit is lost for that declaration.

There is no further leeway beyond the four-month outer limit. Once it lapses without payment, the declaration cannot be revived under the Scheme, regardless of interest offered.

What You Get - Benefits and Immunities

On a Valid Declaration and Payment

  • Immunity from further tax or penalty, and from prosecution, under the Black Money Act, 2015, for the income or asset declared
  • The declared income or asset value is excluded from total income under both the Income-tax Act, 1961 and the Black Money Act, 2015
  • Where assessment proceedings are already pending for the declared item, the Assessing Officer must take the declaration into account while finalising that assessment

The trade-off: once declared and paid for, you cannot separately seek rectification or revision of any assessment already made in respect of that income or asset, nor claim any set-off or relief for it in a pending appeal or reference.

Where the Scheme Does Not Apply

Excluded Situations

  • Any income or asset that directly or indirectly represents proceeds of crime, where proceedings under the Prevention of Money-laundering Act, 2002 have been initiated or are pending
  • Any income or asset relating to an assessment year for which assessment under the Black Money Act, 2015 has already been completed
Our view: FAST-DS is a narrow, one-time window with a hard 31.12.2026 cut-off and no provision to extend it. If you hold an overseas bank account, foreign equity, or property that was never reported in Schedule FA - even one that was fully taxed - it is worth checking eligibility now rather than close to the deadline, given the documentation and valuation reports the filing needs.

Frequently Asked Questions

Q. Is filing a declaration under FAST-DS compulsory?

No, it is entirely voluntary. It is a one-time opportunity available only until 31.12.2026, after which no fresh declaration can be filed under this Scheme.

Q. I am currently an NRI. Can I still use this Scheme?

Yes, provided you were resident in India either in the year the undisclosed income relates to, or in the year the asset was acquired. Current non-resident or RNOR status does not by itself disqualify you.

Q. I already declared part of my foreign bank account under the Black Money Act, 2015. Do I have to value the whole account again?

No. Only deposits made since your earlier Black Money Act declaration are aggregated for FAST-DS purposes, so long as tax and penalty were paid on the value already disclosed.

Q. Does a FAST-DS declaration protect me from money-laundering proceedings?

No. Any income or asset that represents proceeds of crime under the Prevention of Money-laundering Act, 2002, where proceedings have been initiated or are pending, is excluded from the Scheme entirely.

Q. What happens if I cannot pay within the two-month window after Form 2?

You get a further period of up to two months, with simple interest at 1% per month or part-month of delay. Beyond a total of four months from the end of the month Form 2 was passed, the Scheme benefit is lost for that declaration.

For how foreign income, RSUs, ESOPs and Schedule FA disclosures generally work, see our Foreign Income Tax Compliance guide. If you are also filing your regular return this season, our ITR Filing Essentials article covers due dates and documentation. For other common questions on disclosures and TDS, see our Income Tax FAQs.

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