India targets black money with new assets disclosure law

New Delhi, June 8: Filing of income tax returns has become more complicated for those with assets overseas as the government has introduced a compulsory disclosure law for Indians in the country and abroad aimed at tracing black money.

“The overseas assets will not be taxed, but it is an additional hassle for taxpayers,” said Neeru Ahuja, a partner at Deloitte Haskins and Sells.

Apart from the additional hassle, Ahuja said, expatriates see it as an intrusion on their privacy.

“Many people are complaining. Expatriates who have come here to work even for a short period are required to disclose assets back home,” Ahuja said.

The Central Board of Direct Taxes (CBDT) recently issued the new tax return forms for 2011-12 or assessment year 2012-13, mandating disclosure of foreign assets. On the form, a new section labelled ‘FA’ (Foreign Assets) is included.

Individuals with taxable income exceeding Rs1 million (Dh66,750) and Indians and expatriates with assets overseas must file their returns electronically.

“Resident individuals are required to file tax returns in India irrespective of whether they have income chargeable to tax in India or not,” said Ahuja.

As per the Finance Bill 2012, residents with assets outside India are required to file tax returns electronically giving details of such assets.

In other words, income is now not the only criteria for filing a tax return. Residents with assets abroad are now required to submit their details irrespective of whether they have income generated in India.

The government has made disclosure of foreign assets mandatory in a bid to trace black money, which has become a big political issue.

Although there is no official figure, some private research puts illicit money held by Indians at $1.4 trillion (Dh5.14 trillion).

The government says the mandatory disclosure of foreign assets is aimed at preventing the generation and circulation of unaccounted-for money and so that undisclosed assets can be tracked.

However, such a disclosure could cause undue hardship to individuals, especially the family of an expatriate, who qualify as residents due to their physical presence in India.

For example, spouses of foreigners who work in India or non-resident Indians returning to India will need to disclose their foreign assets.

“It is not clear how the additional information may be used, but it will cause hardship to genuine tax payers,” said Ahuja.