Govt won't reveal disclosures under black money window

Under the black money law, one has to disclose the income earned through an online game, if he maintains an e-wallet or a virtual card account, which is funded by income taxable in India, on a website hosted in a foreign country.

This is just one of the clarifications issued by the Central Board of Direct Taxes (CBDT) on the black (unaccounted) money law, as well as on the three-month compliance window. The clarifications, or frequently asked questions (FAQs), were issued 27 days ahead of the closure of the window on September 30. One of the clarifications assured confidentiality for disclosures for those availing the compliance window.

The clarifications said declarations for which bank statements are unavailable, could be on the basis of estimates.

A FAQ said, "But, the account holder will have to give a bank certificate or any other evidence to prove that the details are not available."

The government said if the value of the bank account was found to be different from that declared, the immunity from higher penalties and jail term would be to the extent of the declaration.

The clarifications detailed a methodology for the computation of the value of foreign properties, shares, and other financial and non-financial assets.

These also detailed the treatment of income of non-residents after moving back to the country, as well as the applicability of Double Taxation Avoidance Agreement. DTAA is an agreement between two countries. It aims to avoid taxation of the same income in both countries. India has signed the DTAA with many countries.

For non-residents who receive pension for the period of employment in a foreign country, a clarification said accretions to such accounts after he became resident will have to be disclosed, as these will be chargeable to tax in India.

The black money law provides for tax and a penalty of 120 per cent of assets' value and a jail term of up to 10 years for holding undisclosed foreign assets. It provided a 90-day compliance window to escape the harsh punishment by declaring the assets and paying 60 per cent tax and penalty.

CBDT had issued 32 FAQs on the compliance window on July 6, and came out with the second set on Thursday. The FAQs said that for cases where undisclosed foreign property was purchased by persons in the name of spouse, the person will be treated as the beneficial owner. The immunity will be available to him and his spouse.

The FAQs said the income of non-residents for the period they were not ordinary residents will be not be chargeable to tax in India. But, all their income, including interest on deposits made while being non-residents, will be taxable from the date they became residents. Pension received during non-residency will not be chargeable to tax in India, but will have to be declared and tax paid from the date of becoming a resident.

For a person receiving salary in a foreign country from an employer in India, the employer will not be deemed to be an assessee in default, if the employee has declared an undisclosed asset made out of such income.

"However, the employer shall be liable for other consequences under the provisions of the Income Tax Act, such as payment of interest ... from the date on which the tax was deductible on such income up to the date of the payment of tax by the declarant," the clarifications said.

Also, the FAQs said the penalty could be imposed unless the employer proves there was a reasonable cause for such failure.

The FAQs said that it will not be mandatory to file the valuation report of the undisclosed foreign assets along with the declaration.