Enquiry on FAST-DS system generated email

Hi,

One of my friends received the below email:

'Our records indicate that you may have overseas financial interests (such as bank accounts, shares, or immovable property etc.) acquired in earlier years, that are required to be reported in Income Tax Return.

If your overseas financial interests (assets/ income) have been left unreported in your earlier Income Tax Returns or have been acquired through undisclosed sources, we encourage you to utilize the ongoing, one-time compliance window under the FAST-DS (Foreign Asset of Small Taxpayers - Disclosure Scheme). This dedicated window is open till 31.12.2026. Also, you may view your Foreign Assets Information on the AIS through e-filing portal. Note: This is an automated advisory to facilitate voluntary compliance and is not a legal notice.'

He had already updated his status as Non-Resident on the Income Tax portal. However, when he went for vaccation he visited an Aadhaar enrolment/update centre to update his demographic details, the operator changed his status from Non-Resident to Resident as part of the update process. Even though he questioned this change, he was informed that it was the only way they could complete the update.

Subsequently, he reactivated his dormant Demat and trading accounts which by default activated in resident status. He is currently in the process of updating those accounts back to Non-Resident status.

After returning overseas, he received the above system-generated email at the end of September. Upon checking the Income Tax portal, he noticed that his status had automatically changed from Non-Resident to Resident. Despite this, he has been filing his Income Tax Returns as a Non-Resident.

He also reviewed the AIS (Annual Information Statement) under the Foreign Assets reporting section and found that no foreign assets or income had been reported there.

He has now updated his profile status on the Income Tax portal back to Non-Resident.

Does he need to update his Non-Resident status anywhere else, or is there any additional action he should take in response to this email?

Replies (3)
Quick Summary
This discussion addresses an automated advisory email regarding overseas financial interests under the FAST-DS scheme. The email was triggered by a temporary mismatch in residential status on the Income Tax portal, caused by an Aadhaar update and reactivation of trading accounts. While the user has corrected their portal status back to Non-Resident, advice is given to ensure all linked accounts (Demat, trading, bank) are also updated. It's crucial to determine actual residential status based on days of stay in India, not just portal flags, and to maintain supporting documentation. If genuinely a non-resident with no reportable foreign assets, no further action may be needed, but verification against FAST-DS conditions is recommended.

The system-generated email is a non-binding advisory under the FAST-DS scheme triggered by a temporary residential status mismatch caused by an Aadhaar update and trading account reactivation. Since your friend has already corrected their profile back to Non-Resident on the Income Tax portal, they should ensure their Demat/trading accounts and linked bank accounts are fully updated to Non-Resident status to prevent future automated flags.

Agree with updating the Demat, trading and bank KYC, that is the right clean-up. One more thing to keep separate: the status on the portal or in a broker account is only a flag. Your friend's actual residential status for FY 2025-26 depends on his days of stay in India, under section 6 of the Income-tax Act 1961.

1. Count the days he was physically in India in FY 2025-26 and in the preceding years, and check the section 6 tests (182 days, or 60 days plus 365 days in the last 4 years, with the relaxations for citizens who left for employment or visit India). The Aadhaar or broker flag does not change this either way.
2. Keep the proof: passport stamps or immigration records, visa and employment papers, and a note of the date the status was wrongly changed to Resident and when it was reversed.
3. If he really is a non-resident for the year and holds no foreign assets as a resident, the email does not need any disclosure. If he was a resident (or resident but not ordinarily resident) for the year and has any overseas account, property or investment, that is a different matter and he should look at it before the scheme window closes.
4. Check the email against the compliance portal and the AIS/TIS once, and respond there if the portal gives a response option, so the mismatch is recorded with an explanation.

Please verify the scheme's exact conditions and window on the official FAST-DS notification before relying on point 3, I am going from the general residency rules, not the scheme text.

Hi, While checking the Foreign Assets Information (FAI) section on the Income Tax portal now, he found that a UK bank account balance of £31 is reported for CY 2022. He was an Indian resident from 2020 until March 2023. The account was opened while he was non-resident, before 2020, and the small balance comes from money a friend repaid him. The account earned no interest, and he had no other income from it.

A CA advised him to file an ITR-U for FY 2022-23 and show the CY 2022 foreign account balance as zero, as he has no earning and pay no interest.

I have two questions:

  1. Can an ITR-U be filed only to report this foreign account for CY 2022, no other interest he is going to pay?
  2. Instead of filing an ITR-U that may be rejected, can he respond through the FAI feedback option under compliance portal-->reports for CY 2022, with a note saying: “The reported overseas account is a personal, non-interest-bearing current account maintained during my earlier non-resident period”?

My understanding is that the balance is negligible and falls within the threshold under the proviso to Section 43 of the Black Money Act, which I believe is ₹20 lakh after the 1 October 2024 amendment (previously lower). So he should not face a penalty even if a query arises, and he only needs to clarify the position.

I would appreciate your guidance. Thank you.

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