Please be informed that all Companies/LLPs which have received FDI (Foreign Direct Investment) and/or made FDI abroad (i.e. overseas investment) have to file an Annual Return which is Foreign Assets & Liabilities Return (FLA).
1. The due date for filing FLA return is 31st of July, 2019 for the FY 2018-2019.
2. Non-filing of the return before due date will be treated as a violation of FEMA and penalty will be levied on defaulters which shall be three (3) times the sum involved in contravention or Rs. 2,00,000 and if the contravention is continuing every day, Rs. 5,000 for every day for defaulting period.
3. Following companies are not required to file FLA return-
a. Where the Indian company does not have any outstanding investment in respect of inward and outward FDI as on end-March of reporting year.
b. If a company has received only share application money and does not have any foreign direct investment or overseas direct investment outstanding as on end-March of the reporting year.
c. Companies which have issued the shares to non-resident only on Non-repatriable basis (i.e investment net of taxes not to be taken outside India)
Note:
1. If the accounts of the Company/LLP are not Audited before the due date of submission, then the FLA Return can be submitted based on unaudited balance sheet.
2. However, once the accounts are Audited and if there are significant revisions from the provisional information submitted by the Company/LLP, then a revised FLA return should be submitted by September 30th.
Author: Rupesh Jain, is a Associate at M&K Associates and can be reached at mail@mnklaws.com
Author Bio
if after audit we came to know that there is revision in figures then whether to file FLA again even if there is small difference. ? Whether RBI FAQ or FLA instructions or any RBI clarification state anywhere that revised FLA to be filed if difference exceeds particular limit. ..?
My company is in liquidation, do we need to still file FLA. Is the liquidator responsible for filing the FLA? What are the penalties? Also we won’t have audited financials as the company went into liquidation in Jan.
Sir,
My Co. has received fdi in the year 2015-16 & 2016-17 and equity shares has been allotted for the same.
In the year 2017-8 & 2018-19, no fdi was recieved.
Do still we need to file FLA return for the year 2018-19?
Thanks in advance for your answer.
Dear Mr. Rupesh,
Thank you so much for this information.
As per my knowledge, the due date was 15th July 2019.
Kindly please confirm the due date and the extension granted, if any.