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Our Blogs

Foreign Earned Income Exclusion (FEIE) for U.S.-Based NRIs – Step-by-Step Guide
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DTAA Analysis between India & USA
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A simple step wise guide for filing US tax returns for NRIs
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DTAA India-USA: How NRIs Can Avoid Double Taxation
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India FBAR, 8938, 8621 & other income and Assets Foreign Reporting and IRS Compliance
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1040 (NR) or 1040 (Resident) - Which return should a US Green card Holder residing abroad file?
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How can US NRI Comply with PFIC and FBAR Rules on Indian Investments?
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How can NRI file Taxes for Income earned in US & India in both countries with help of India for NRI?
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What is DTAA between India and the US?
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Who is a non-resident for US tax purposes?
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Do I need to pay tax on Indian income in the USA?
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What is FBAR Filing for US NRI? What needs to be kept in mind?
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What is FBAR Filing for US NRI? What needs to be kept in mind?

Understanding FBAR: Essential Filing Rules, Reporting Requirements, and Penalties

FBAR is separate from the tax return: It must be filed in addition to your tax return using Form TD F 90-22.1, even if you file Form 8938, which is also a requirement for FBAR filing for Indian-origin US taxpayers.

Filing deadline: The FBAR is due by June 30th and must be received by this date, with no extensions allowed. This filing is important for tax filing for NRIs in the USA to stay compliant.

Reporting required even if no income: You must report foreign accounts, even if they generate no taxable income. NRIs should be mindful of this, as NRI foreign income tax may apply depending on the type of income and the Double Taxation Avoidance Agreement (DTAA) between India and USA.

High balance for a single day counts: You must file if the total value of foreign accounts exceeded $10,000 at any point during the year. This is critical for individuals with foreign financial interests, ensuring compliance with both FBAR filing India and US foreign income reporting.

Signature authority: Filing is required if you have either signature authority or financial interest in the account. This can also apply to cases where you have financial authority over accounts that may be subject to form 16A requirements.

Financial interest: If you own more than 50% of a foreign entity, such as an Indian Pvt. Ltd., you must file FBAR for its accounts. This situation may be linked to form 15CA CB, as foreign investments or income may need to be declared in these forms.

Joint accounts: You must file FBAR for joint foreign accounts if other conditions are met, regardless of whether the co-owner is a US person or not. This may also impact schedule FA for the financial year, depending on the assets reported.

Included financial accounts: FBAR covers various accounts, including savings, brokerage, commodities, insurance, annuities, mutual funds, etc. For NRIs, this may also include any taxable foreign income that could be eligible for the Foreign Tax Credit for NRIs in the USA under DTAA India USA provisions.

Penalties for non-filing: Willful failure to file can result in severe penalties, including fines up to 50% of the account balance and imprisonment. Failure to file on time may also affect other tax filings such as form 15CA CB, if applicable for foreign remittances and income.

Also Read: A simple step wise guide for filing US tax returns for NRIs

 

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