Filing of Annual
Return on Foreign Liabilities and Assets (FLA return) under FEMA 1999
Due
date for filing of FLA Return with RBI is falling on 15th July 2018.
Who
has to File ?
Indian resident companies which have
received FDI and/ or made overseas investment (ODI) in any of the previous year(s),
including current year by July 15 every year.
Whether
Non Filing of FLA Return is an Offence under FEMA?
Yes. Non-filing of the return before
due date will be treated as a violation of FEMA and penalty clause may be
invoked for violation of FEMA.
Whether
Company has to go for Compounding?
Yes.
If FLA Return is not filed within 15th July 2018 , Company has to go
for compounding and has to pay penalty.
Whether
FLA is to be filed even when Audited Accounts are not ready?
Yes. In that case , an Indian Company which has FDI or
and ODI has to prepare the FLA on unaudited Financials of the company.
If
a company did not receive FDI or made overseas
investment in any of the previous year(s) including the current year, do we
need to submit the FLA Return?
If
the Indian company does not have any outstanding investment in respect of
inward and outward FDI as on end-March of reporting year, the company need not
submit the FLA Return.
If
the company has not received any inward FDI / made overseas investment in the
latest year, do they need to submit the FLA Return?
If the company has not ‘received any fresh
FDI and/or ODI (overseas direct investment)’ in the latest year but the company has outstanding
FDI and/or ODI, then that company is required to submit the FLA Return
every year by July 15.
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