Before reverting to your questions specifically, your understanding of the reporting foreign bank accounts is correct. However, to avoid any notice and to have a better stand in case notice comes, I am advising as under:
1. Yes, Your position is strong enought. The tax residency depends of physical presence and moves to other conditions if you do not become resident of any country. In your case, I understand you are tax resident of canada and you have filed returns there. So it should not be problem in case the notice is received. The reporting of tax residency from the bank is less relevant.
2. Answering 2 & 3 together: Yes, better to submit a feedback on FIS/ AIS, whereever the information of income or foreign assets is appearing. Additionaly, on a safer side, you can email a simple letter to JAO stating that the reporting of foreign assets and Income accuring and arising outside India is not applicable in your case. Since no notice has been issued, there is no need to share or submit any documents. You can find the information of your JAO (Juridictional Assessing officer) unde your profile. Also before writing I would also advice you to kindly check that all the income which was taxable in India is correctly disclosed in your Income Tax returns.
Concern on FAST - DS email for genuine NRI (Kindly Suggest)
My Situation: FY 2014-15 to FY 2019-20 - Non-resident of India as per Physical stay calculation (Lived in USA) FY 2020-21 - I was in India but RNOR (650 days in India during last 7 FYs which is less than 730 days) Until this point I am not thinking as in my latest FIS report there is no report on USA bank. I closed the account also 2 years back. Problem is from below section: I travelled to Canada in 2021 March 29th and till now I am only in Canada. Got Permanent residency last 2 years. Below is my actual India tax resident status by physical stay: FY 2021-22 - Non-resident of India, filed ITR-1 unknowingly (0 days in India) FY 2022-23 - Non-resident of India, filed ITR-1 unknowingly ( 25 days in India) FY 2023-24 - Non-resident of India, filed ITR-1 unknowingly (0 days in India) FY 2024-25 - Non-resident of India, filed ITR-2 as Non-resident (27 days in India) (Revised immediately after I got Nudge SMS in 2025 Nov) FY 2025-26 - Non-resident of India, filed ITR-2 as Non-resident (0 days in India) Problem Statement: Recently got FAST-DS email and 2022, 2023 and 2024 report has my Canada Bank's balance which is basically the closing balance of 31st Dec of each year. The data is correct as I live, stay and work in Canada only. Not sure it was flagged due to some of the previous Canada years were filed as ITR1. Another reason can be I checked with my Canada bank they told my tax resident country was both Canada and India in their system, hence Canada bank would report the income to India as well. This one has higher chance as I know many friends didn't receive this and still filing ITR-1 being NRI for years. I removed India as tax country from Canada bank now. Lets see if that stops reporting. If any notice comes I have everything below to prove my non-resident status: 1) Passport stamps 2) All Canada tax docs for all years 3) Every single pay slips from month 1 to till date for my work in Canada 4) Every single bank statements for Canada bank (which appeared in FIS) from month 1 to till date 5) So many address proofs (Home, DL, utility bills) Questions for CAs kindly: 1) Please let me know if I still get a notice, is my situation strong enough for not to worry much and you can help? 2) I am thinking to share passport stamps and other details with PAN related grievance in tax portal if AO can update the status in PAN - Can I do this? Profile status updated last year already. 3) In FIS feedback section can I respond that this information is correct but I am non-resident of India for the full duration of this year, hence declaration is not applicable for me? Please suggest Thanks a lot in advance!!
Asked 16 hours ago in Income Tax
Dear Querist,
Based on the facts stated, if you were genuinely Non-Resident in India for the relevant years, your Canadian bank account was not required to be disclosed in Schedule FA. The Income Tax Department also confirms that Schedule FA is not applicable to Non-Residents/RNORs.
Your earlier filing of ITR-1 was incorrect, as ITR-1 cannot be filed by an NRI, but this by itself does not change your actual residential status.
Keep your passport, travel-day calculation and Canadian tax/residence documents ready. There is no need to upload these through a PAN grievance merely to establish NRI status. In FIS/AIS feedback, you may state that the information is correct, but you were Non-Resident for the relevant year and Schedule FA disclosure was therefore not applicable.
For a more detailed review of your case, you may book a phone consultation.
CA Shubham Goyal
Thank you all. in FIS feedback, should I mention about 2 FYs I filed with wrong residential status unknowingly or only state that this information is correct, but I was Non-Resident for the relevant year and Schedule FA disclosure was therefore not applicable.
Asked 8 hours ago
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