ITR 2 / Schedule FA / Income tax

 

Hello,

I am a resident Indian and have recently incorporated a Limited Liability Company (LLC) in the United States. The LLC is currently wholly owned by me, but I have not yet infused any capital into it. There are no transactions or income yet, and the company exists only as a legal entity at this stage.

 

While filing my personal ITR-2, I understand that I must disclose foreign assets under Schedule FA. However, the ITR utility is not accepting ₹0 as the initial investment value in the “financial interest in entity” section.

 

My questions are:

 

  1. How should I disclose the US LLC in Schedule FA if no capital has been infused yet?
  2. Is it acceptable to declare a nominal value (e.g., ₹1 or ₹10) to avoid validation errors, and add an explanation?
  3. Do I need to comply with FEMA reporting requirements (FC-GPR or otherwise) even if no capital has been infused yet?
  4. Will this trigger any taxability or scrutiny if there is no income derived from the LLC?
  5. Is there a preferred way to handle such situations to ensure full compliance with both Income Tax and FEMA regulations?

 

 

Would appreciate expert clarification, especially from someone who has dealt with similar foreign company setups.

 

Thank you!

Replies (2)
Quick Summary
A resident Indian who has incorporated a US LLC but not yet infused capital is seeking guidance on how to declare this in their ITR-2 under Schedule FA. The ITR utility rejects a zero value for initial investment. The user is asking for advice on disclosing the LLC, whether to use a nominal value, FEMA reporting requirements, and potential tax implications. Expert advice suggests entering a small nominal amount like ₹5 or ₹10 to bypass utility errors.

@ Manasi Biyani

There is a bug in the utility, it would not accept Zero as input in many cases.

Instead of 0 put a small amount like 5 or 10 and it will accept.

And I do not think I-T Dept has enough resources to start scrutiny of INR 10

Thank you Ranjan 

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