Comprehensive Guide to Foreign Tax Credit (FTC) for Indian Taxpayers

Foreign Tax Credit

Understanding FTC: A Solution to Double Taxation

Indian taxpayers earning income abroad often face double taxation. To alleviate this burden, the Foreign Tax Credit (FTC) mechanism enables taxpayers to offset taxes paid in a foreign country against their Indian tax liability. FTC provisions are governed by either the Double Tax Avoidance Agreement (DTAA) or Section 91 of the Income Tax Act, where no DTAA exists. The credit is applicable only to income taxed in both jurisdictions, and specific documentation and filing requirements must be followed for successful claims.

Eligibility Criteria for Claiming FTC

FTC is available for income taxed both in India and the foreign country. The DTAA outlines guidelines for claiming FTC, while Section 91 provides relief in the absence of a DTAA. The credit is limited to the lower of:

  • Foreign taxes paid, or
  • Indian tax liability on the same income.

Essential Documentation

To successfully claim FTC, taxpayers need to prepare and submit:

  1. Proof of Tax Payment: Evidence of taxes paid to the foreign government.
  2. Computation Statement: Detailed calculation of foreign income and corresponding taxes paid.
  3. Form 67: Must be filed online before submitting the income tax return (ITR).

Step-by-Step Process to Claim FTC

  • Determine Eligible Income: Identify portions of foreign income taxable in India.
  • Compute the FTC: Ensure the credit does not exceed the lesser of foreign tax paid or Indian tax liability.
  • File Form 67: Submit this form electronically, accompanied by supporting documents.
  • Submit the Income Tax Return (ITR): Include details of foreign income and the claimed FTC in the ITR.

Important Points to Note

  • Taxes paid on penalties or interest in the foreign country are not eligible for FTC.
  • Ensure documentation is accurate and complete to avoid processing delays or disputes.
  • FTC claims are valid only if foreign taxes are paid within the relevant fiscal year.

Read More: ITR-U: A Second Chance to Correct Your Income Tax Return

Simplify Your Tax Obligations

By maintaining accurate records and understanding the FTC process, Indian taxpayers can reduce the burden of double taxation. For added assurance, consulting with tax professionals can help ensure compliance with all regulations and maximize benefits.

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