FAST-DS 2026 — The Foreign Asset Amnesty Scheme, Explained for Tech Employees
9 min read · Published July 2026 · Updated October 2026 · Based on the Finance Act, 2026 and the CBDT FAST-DS Rules, 2026
What FAST-DS 2026 is
The Foreign Assets of Small Taxpayers Disclosure Scheme, 2026 is a one-time voluntary disclosure scheme enacted as Chapter IV (sections 130–144) of the Finance Act, 2026, which received presidential assent on 30 March 2026. It was operationalised by CBDT Notification No. 114/2026 dated 14 August 2026, which notified the Foreign Assets of Small Taxpayers – Disclosure Scheme Rules, 2026, along with an official FAQ. It gives taxpayers a window — 16 August 2026 to 31 December 2026 — to declare foreign assets or foreign income they failed to report, pay a fixed amount, and receive statutory immunity from further tax, penalty and prosecution under the Black Money Act for the declared items.
This scheme was written with people like ITRFA.in's users in mind. The Finance Minister's Budget speech (1 February 2026, para 111) says it addresses the practical issues of "small taxpayers like students, young professionals, tech employees, relocated NRIs, and such others." The single most common fact pattern: RSUs vested at a US employer, perquisite tax deducted in payroll, capital gains reported on sale — but the Fidelity or Schwab account and the shares themselves never disclosed in Schedule FA.
The two categories
Section 133 of the Act sets out a table with two routes. Which one you fall into decides whether this costs you ~60% of the asset or a flat ₹1 lakh.
| Category A — never taxed | Category B — taxed, but Schedule FA missed | |
|---|---|---|
| Section 133 table | Sl. No. 1 | Sl. No. 2 |
| What it covers | Undisclosed foreign assets, or foreign income that was chargeable to tax in India but never offered to tax. | Assets acquired from income already offered to tax in India, or from income earned while you were a non-resident — but not declared in the relevant Schedule of your return. |
| What you pay | 30% tax on the asset's fair market value as on 31 March 2026, plus 30% tax on undisclosed foreign income, plus an amount equal to that tax — roughly 60% overall. | A flat fee of ₹1,00,000 for the whole declaration, regardless of how many assets or years it covers. |
| Ceiling | Aggregate undisclosed asset value + income ≤ ₹1 crore. | Aggregate value of foreign assets ≤ ₹5 crore. Above ₹5 crore you cannot use the scheme at all. |
| What you get | Immunity from further tax, penalty and prosecution under the Black Money Act for the declared income/asset (section 139). The declared amount is not added to your total income under the Income-tax Act or the Black Money Act (section 136). | |
Why most RSU/ESPP holders are Category B
For a typical tech employee, the income side was never the problem. RSU vests are taxed as salary perquisite through payroll and sit in Form 16. ESPP discounts are taxed the same way. Sale gains usually get reported in Schedule CG. What gets missed is the asset disclosure — the Schedule FA tables for the foreign brokerage account and the shares in it. That is exactly clause (b) of Category B: "asset acquired from income which has been offered to tax… but such assets were not declared by him in the relevant Schedule in the return of income."
The other Category B clause covers returned NRIs: shares acquired from salary earned abroad while non-resident, never declared in Schedule FA after moving back to India. Both fact patterns settle for the same flat ₹1 lakh.
How the assets are valued (Rule 3)
The FAST-DS Rules, 2026 prescribe the valuation method the Finance Act had left open. Everything is valued as on the valuation date, 31 March 2026.
- Quoted shares and securities (RSUs, ESPP shares, listed stock): the higher of the cost of acquisition and the average of the lowest and highest price quoted on an established securities market on 31 March 2026 — or the nearest preceding trading day if there was no trade that day.
- Foreign bank accounts: the sum of all deposits from the day the account was opened up to the valuation date, with exclusions to avoid double-counting (internal transfers, re-deposited withdrawals, and amounts already declared under Chapter VI of the Black Money Act).
- Other assets (immovable property, unquoted shares, jewellery, art): the higher of cost of acquisition and open-market price on the valuation date, ideally supported by a recognised valuer's report; where no market valuation is done, the indexed cost of acquisition is deemed to be the fair market value.
- Reinvestment: if the sale proceeds of one asset were used to buy another, the old asset's value is reduced by the amount reinvested, so the same money is not counted twice.
The filing process — Forms 1 to 4
- Form 1 — declaration. Filed electronically to the Principal DGIT (Systems) / DGIT (Systems). One Form 1 can list multiple assets, income items and years. Upload the documents evidencing acquisition of the asset or earning of the income, plus a valuation report where one is required.
- Form 2 — amount payable. After electronic verification, the department issues an order stating the amount due, within one month from the end of the month in which you filed.
- Pay. Within two months from the end of the month the Form 2 order is received. A further two months is allowed with simple interest at 1% per month — but the outer limit is four months from the end of the month Form 2 was passed. Miss that and the scheme benefit is lost for that declaration.
- Form 3 — proof of payment, filed electronically within the payment window.
- Form 4 — certificate, issued by the department within one month from the end of the month your Form 3 is received. This is the document that confirms your immunity.
A worked example
Priya joined a US-headquartered company in Bengaluru in 2021. RSUs vested in FY 2022-23, 2023-24 and 2024-25; perquisite tax was deducted every time, and she reported the one sale she made in Schedule CG. But she filed ITR-1 each year — which has no Schedule FA — so the Fidelity account and roughly ₹40 lakh of vested shares were never disclosed.
- Her exposure without the scheme: a potential ₹10,00,000 penalty per defaulting year under the Black Money Act, plus prosecution risk — for three years, that is up to ₹30 lakh on fully taxed income.
- Under FAST-DS Category B: one Form 1 covering all three years, a ₹1,00,000 fee, and statutory immunity for all of it — her shares are worth well under the ₹5 crore ceiling.
Current status: open until 31 December 2026
- Enacted: Finance Act 2026, Chapter IV — assent on 30 March 2026.
- Operationalised: CBDT Notification No. 114/2026 dated 14 August 2026 notified the FAST-DS Rules, 2026 (Forms 1–4 and the Rule 3 valuation method), with an official FAQ.
- In force from: 16 August 2026.
- Last date to file Form 1: 31 December 2026. (The Act had left this to notification under section 131(1)(g); it is now fixed.)
- Valuation date: 31 March 2026.
The fine print worth knowing
- Non-refundable (section 138): amounts paid under the scheme cannot be claimed back, and you cannot use the declaration to reopen or revise completed assessments (section 137).
- Pending proceedings (section 141): if assessment proceedings are pending, the Assessing Officer takes your declaration into account while finalising them.
- No set-off: you cannot claim rectification, revision, set-off or relief in any appeal or proceeding in respect of the declared income/asset or the amount paid.
What to do now
- Work out your category. If every rupee behind the foreign shares was taxed (payroll perquisite, Schedule CG on sales), you are looking at Category B and a ₹1 lakh settlement.
- Pull your broker history. The declaration needs accurate, year-wise asset details. Export your Fidelity NetBenefits, Charles Schwab, E*TRADE, or Morgan Stanley files and build the acquisition dates, quantities and year-wise values. The Schedule FA generator computes all of it from your files in minutes — the same underlying data a FAST-DS declaration needs. Note that the declaration itself values assets on 31 March 2026 at the RBI reference rate, while your annual Schedule FA uses SBI TTBR rates.
- File AY 2026-27 correctly regardless. FAST-DS fixes past defaults; it does not replace normal filing. Your current return must carry a complete Schedule FA either way.
- Engage a CA for the declaration itself. An amnesty filing is one place where professional sign-off is worth it — especially on valuation and on the Form 1 supporting documents.
FAQ
Upload your Fidelity, Schwab, E*TRADE, or Morgan Stanley files. ITRFA.in computes Table A2, A3 and F with year-wise acquisition, peak and closing values — the asset history a FAST-DS declaration needs.
Generate Schedule FA now →Related guides
- FAST-DS 2026 settlement calculator
- Black Money Act & Schedule FA — the penalty for not disclosing
- Who must file Schedule FA — ROR, RNOR or NRI?
- Schedule FA deadline AY 2026-27
- Did your CA file Schedule FA correctly? Self-audit checklist
- Free SBI TTBR rate lookup
Primary sources
- Finance Act, 2026 — Official Gazette (Chapter IV, sections 130–144)
- CBDT Notification No. 114/2026 dated 14 August 2026 — FAST-DS Rules, 2026 (Forms 1–4, Rule 3)
- CBDT FAQ — Foreign Assets of Small Taxpayers Disclosure Scheme, 2026
- Budget Speech, 1 February 2026 — paras 111–112 and 120