Tax Consultant
1815 Points
Posted on 18 August 2026
For an Indian resident who owns 100% of a UAE FZCO, here is how each question plays out under Indian income tax law:
1. Beneficial ownership for Schedule FA: Yes, you are the beneficial owner. Under FEMA and income tax Schedule FA guidance, an individual who directly or indirectly owns or controls a foreign entity is treated as a beneficial owner of its accounts and assets. Report the FZCO accounts and holdings in Schedule FA accordingly.
2. Schedule FA.A3 - shares bought or sold by the FZCO: This part is about equity or preference shares in foreign companies held by YOU as an individual. The FZCO itself is a company, not a security you hold as shares. Report the FZCO itself in Schedule FA.A1 (foreign equity interests) - the company name, jurisdiction (UAE), date of acquisition, and cost. The securities that the FZCO holds inside it are assets of the FZCO, not direct holdings of yours in Schedule FA.
3. Capital gains of the FZCO clubbed with your income: India does not have a formal Controlled Foreign Corporation (CFC) regime as of FY 2026-27. The FZCO capital gains are income of the foreign company, not of you as an individual, as long as dividends are not paid out. If the FZCO pays a dividend to you, that dividend becomes your income and is taxable in your hands in the year of receipt. Retain the FZCO gains at the company level if deferring Indian tax.
This [ITR-2 vs ITR-3 vs ITR-4 guide](https://taxgarden.in/blog/itr-2-vs-itr-3-vs-itr-4-comparison-guide-2026) covers which form to use when you have foreign assets and Schedule FA reporting obligations.