The Undisclosed Foreign Income and Assets
(Imposition of Tax) Bill, 2015 was introduced in
the Lok Sabha on March 20, 2015, by the
Finance Minister, Mr. Arun Jaitley.
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The Bill will apply to Indian citizens and seeks
to replace the Income Tax Act, 1961 for the
taxation of foreign income. It penalizes the
concealment of income, and provides for
criminal liability for attempting to evade tax in
relation to foreign income. Key provisions of the
Bill include:
Tax rate: A flat rate of 30 per cent tax would apply to undisclosed foreign income or assets. No exemption, deduction or set off of any carried forward losses (as provided under the Income Tax Act, 1961) would apply.
One - time compliance opportunity: A one-time compliance opportunity to persons who have any undisclosed foreign assets will be provided for a limited period. Such persons would be permitted to file a declaration before a tax authority, and pay a penalty.
Prosecution and penalty for offences: - Willful tax evasion: The punishment for willful attempt to evade tax in relation to foreign income or assets would be rigorous imprisonment from three to 10 years, and a fine. The penalty for nondisclosure of income would be equal to three times the amount of tax payable, in addition to tax payable at 30%. - Failure to furnish returns: If a person fails to furnish a return in respect of foreign assets or income, he would be liable for rigorous imprisonment of six months to seven years. Further, a penalty of Rs 10 lakh would apply. This would also apply to cases where the person has filed a return of income, but not disclosed his foreign assets.
Tax rate: A flat rate of 30 per cent tax would apply to undisclosed foreign income or assets. No exemption, deduction or set off of any carried forward losses (as provided under the Income Tax Act, 1961) would apply.
One - time compliance opportunity: A one-time compliance opportunity to persons who have any undisclosed foreign assets will be provided for a limited period. Such persons would be permitted to file a declaration before a tax authority, and pay a penalty.
Prosecution and penalty for offences: - Willful tax evasion: The punishment for willful attempt to evade tax in relation to foreign income or assets would be rigorous imprisonment from three to 10 years, and a fine. The penalty for nondisclosure of income would be equal to three times the amount of tax payable, in addition to tax payable at 30%. - Failure to furnish returns: If a person fails to furnish a return in respect of foreign assets or income, he would be liable for rigorous imprisonment of six months to seven years. Further, a penalty of Rs 10 lakh would apply. This would also apply to cases where the person has filed a return of income, but not disclosed his foreign assets.
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