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How to File ITR for RSU / ESOP Income in India

Complete guide for AY 2026-27 (FY 2025-26) β€” Schedule CG, Schedule FA, currency conversion & portal filing steps

Last updated: July 2026 β€’ 12 min read

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1. The Two-Stage Tax β€” How RSUs Are Taxed in India

If you are an Indian resident holding RSUs from a US or foreign company, your shares are taxed twice over their lifetime:

StageWhenTaxed AsRate
1. VestingDay shares become yoursSalary perquisite (Sec 17(2)(vi))Your slab rate (employer deducts TDS)
2. SaleWhen you sell sharesCapital gains (STCG or LTCG)Slab rate (STCG) or 12.5% (LTCG)

Additionally, dividends are taxed as "Income from Other Sources" and Schedule FA disclosure is mandatory every year you hold foreign shares β€” regardless of whether you sold any.

RSU Tax Lifecycle: Grant β†’ Vest (perquisite tax) β†’ Hold (Schedule FA) β†’ Sell (capital gains tax)

2. Tax at Vesting β€” The Perquisite

On the vesting date, the Fair Market Value (FMV) of the shares is treated as a perquisite and added to your salary. Your employer deducts TDS on this amount (usually through "sell-to-cover").

Worked Example

100 shares vest at FMV of $50 each. SBI TT Rate = β‚Ή83/$.
Perquisite = 100 Γ— $50 Γ— β‚Ή83 = β‚Ή4,15,000 β€” added to salary, TDS deducted by employer.
If 30 shares are sold-to-cover for TDS, you keep 70 shares with cost basis = β‚Ή4,150/share.

Key point: Under Section 49(2AA), the FMV taxed as perquisite becomes your cost of acquisition for future capital gains calculation. You only pay CG tax on gains above the vesting-day FMV.

This perquisite already appears in your Form 16 / Form 12BA. You don't need to report it separately β€” just verify it matches your broker's vesting statement.

3. Capital Gains When You Sell

When you sell the shares you kept, capital gains = Sale Price βˆ’ Cost of Acquisition (FMV at vesting).

⚠️ Critical: Foreign shares = Unlisted Securities

US shares (NYSE/NASDAQ) that are NOT listed on NSE/BSE are treated as unlisted securities for Indian tax purposes. This means a 24-month holding period for LTCG β€” not 12 months. Also, the β‚Ή1.25L LTCG exemption (Section 112A) does NOT apply to foreign shares.

Holding Period (from vesting date)TypeTax RateSection
≀ 24 monthsShort-Term (STCG)Your slab rateNormal provisions
> 24 monthsLong-Term (LTCG)12.5% (no indexation)Section 112

Worked Example

Sell 70 shares 30 months after vesting at $90/share. SBI TT Rate on sale date = β‚Ή85/$.
Sale value = 70 Γ— $90 Γ— β‚Ή85 = β‚Ή5,35,500
Cost = 70 Γ— β‚Ή4,150 = β‚Ή2,90,500
LTCG = β‚Ή2,45,000 β†’ Tax @ 12.5% = β‚Ή30,625 + surcharge + 4% cess

Surcharge note: Surcharge on LTCG under Section 112 is capped at 15%, even for high earners. This cap does NOT apply to STCG (slab rate), which can attract higher surcharge.

Holding period comparison: Foreign shares need 24 months for LTCG, Indian-listed shares need 12 months

4. USD β†’ INR Conversion: SBI TT Buying Rate

The Rule

Convert all foreign amounts to INR using the SBI Telegraphic Transfer (TT) Buying Rate as on the last day of the month preceding the month of the transaction.

Example: Sold shares on 15 July 2025 β†’ Use SBI TT rate on 30 June 2025.

Find historical SBI TT rates at: sbi.co.in/web/forex-rates

You need to convert both the vesting-day FMV (for cost basis) and the sale price to INR using this method.

5. How to Fill Schedule CG on the Portal

On the income tax portal, navigate to:

Income Details β†’ Capital Gains β†’ Sale of Securities/Units not chargeable to STT

For each RSU sale transaction, enter:

  1. Type of asset: Shares and Securities (Unlisted / Foreign)
  2. Date of acquisition: Vesting date (NOT grant date)
  3. Date of sale: Actual sale date
  4. Sale consideration: Sale price Γ— units Γ— SBI TT rate (in INR)
  5. Cost of acquisition: FMV on vesting date Γ— units Γ— SBI TT rate (in INR)
  6. Expenses on transfer: Brokerage + STT (if any)

πŸ’‘ TaxZen auto-calculates all these values. Use the RSU step in TaxZen to enter your vesting/sale details, and the Draft Review page shows the exact amounts to type into each portal field.

Schedule CG field mapping: how TaxZen values map to portal fields

6. Schedule FA β€” Foreign Asset Disclosure

⚠️ Penalty for non-disclosure: β‚Ή10 lakh per year

Under the Black Money Act 2015, failing to report foreign assets attracts a flat β‚Ή10 lakh penalty β€” regardless of whether any tax was due.

Key Rules

  • Who must file: Resident and Ordinarily Resident (ROR) individuals only
  • Calendar year reporting: Uses Jan–Dec (not Apr–Mar). For AY 2026-27, report 1 Jan 2025 – 31 Dec 2025
  • No minimum threshold: Even 1 share for 1 day must be reported
  • ITR-2 mandatory: Foreign shares make ITR-1 ineligible
  • Report even if unsold: Every year from vesting until year of sale

Portal Fields

Navigate to: Schedules β†’ Schedule FA β†’ Table A3/A4

FieldWhat to Enter
CountryUnited States of America
Name of EntityCompany name (BOEING, GOOGLE, etc.)
NatureEquity Shares (RSU/ESOP)
Date AcquiredEarliest vesting date
Initial ValueFMV at vesting Γ— SBI TT rate
Peak ValueHighest price during CY Γ— units Γ— rate
Closing ValuePrice on 31 Dec Γ— remaining units Γ— rate
Schedule FA form fields: Country, Entity, Nature, Date Acquired, Initial/Peak/Closing Values

7. Dividends & Foreign Tax Credit

US companies withhold 25% tax on dividends (with W-8BEN filed). In India, report the gross dividend as Other Income and claim a Foreign Tax Credit.

Steps

  1. File Form 67 on the portal (deadline: 31 Mar 2027 for AY 2026-27)
  2. Schedule OS: Report gross dividend as Income from Other Sources
  3. Schedule FSI: Report foreign source income + foreign tax paid
  4. Schedule TR: Claim the credit (lower of US tax or Indian tax on same income)

Note: The correct DTAA rate for individuals is 25% (Article 10, India-US DTAA). The 15% rate applies only to corporate shareholders with β‰₯10% voting stock.

8. Where to Get Your Data

Download your Gain & Loss statement. You need: Vesting Date, Sale Date, Quantity, Sale Price, FMV at Vesting.

E-Trade

Accounts β†’ At Work β†’ Tax Information β†’ Gains & Losses β†’ Date range β†’ Download Expanded

Fidelity

Statements and Records β†’ Custom Transaction Summary β†’ Date range β†’ Download PDF

Charles Schwab

Accounts β†’ Documents β†’ Statements β†’ Account Statement for full FY

Morgan Stanley

Activity β†’ Reports β†’ Set dates β†’ View as PDF β†’ Full Account Summary

Equate Plus

Library β†’ Transactions β†’ Select year β†’ Export (amounts in EUR β€” convert with SBI TT rate)

9. Filing Checklist

  • ☐ Confirm residency status (ROR/RNOR/NR)
  • ☐ File ITR-2 (never ITR-1 with foreign shares)
  • ☐ Verify perquisite in Form 16 matches broker vesting statement
  • ☐ Report holdings in Schedule FA (calendar year Jan–Dec 2025)
  • ☐ Report sales in Schedule CG β€” 24-month test from vesting date
  • ☐ Convert amounts using SBI TT Buying Rate (last day of preceding month)
  • ☐ Report dividends in Schedule OS (gross, before US withholding)
  • ☐ File Form 67 + Schedules FSI & TR for Foreign Tax Credit
  • ☐ Report foreign brokerage account in Schedule FA (even if zero balance)
  • ☐ Keep: vesting statements, Form 1042-S, broker G&L, conversion papers

10. Common Mistakes to Avoid

Using 12-month holding period for foreign shares

Foreign = unlisted β†’ LTCG only after 24 months.

Using cost basis = β‚Ή0 or grant-date price

Cost = FMV on vesting date (Sec 49(2AA)).

Claiming β‚Ή1.25L LTCG exemption on foreign shares

That's Section 112A only (Indian-listed, STT-paid). Foreign = Section 112, taxable from β‚Ή1.

Skipping Schedule FA

β‚Ή10L penalty. India gets foreign account data automatically β€” mismatches trigger notices.

Using Google exchange rate instead of SBI TT rate

Law requires SBI TT Buying Rate on last day of preceding month.

Filing ITR-1 while holding foreign shares

Any foreign asset β†’ ITR-2 mandatory, even if no sale or income.

Let TaxZen handle the numbers

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Frequently Asked Questions

Are US RSUs taxed twice in India?
Yes. RSUs are taxed once as salary perquisite when they vest (FMV added to Form 16), and again as capital gains when you sell. The vesting-day FMV becomes your cost basis β€” so you only pay capital gains tax on the profit above that value.
What is the holding period for foreign RSU shares?
24 months from the vesting date. Foreign shares listed on NYSE/NASDAQ but not on NSE/BSE are treated as unlisted securities for Indian tax purposes. LTCG applies only after 24 months, taxed at 12.5% under Section 112.
Is Schedule FA mandatory even if I didn't sell any RSU shares?
Yes. Schedule FA (Foreign Assets) must be filed every year you hold foreign shares β€” even if you earned nothing and sold nothing. Non-disclosure attracts a flat β‚Ή10 lakh penalty under the Black Money Act.
Which exchange rate should I use to convert USD to INR for RSU tax?
Use the SBI Telegraphic Transfer (TT) Buying Rate as on the last day of the month preceding the month of the transaction. For example, if you sold shares on 15 July, use the SBI TT rate on 30 June.
Can I file ITR-1 if I have RSU shares?
No. Holding any foreign asset makes ITR-1 ineligible. You must file ITR-2 (or ITR-3 if you have business income) regardless of whether you sold any shares during the year.

Disclaimer: This guide is for educational purposes only and does not constitute tax, legal, or financial advice. RSU taxation is fact-specific. Verify with a qualified CA before filing. Rates for FY 2025-26 (AY 2026-27) per Budget 2024/2025.