Indian residents who earn income from overseas often find themselves facing double taxation—once in the country where the income is earned and again in India, where they are tax residents. To address this, the Indian Income-tax Act provides for Foreign Tax Credit (FTC), which allows taxpayers to claim credit for taxes paid abroad against their Indian tax liability.
Foreign Tax Credit is a tax relief mechanism that allows Indian residents to claim a credit for foreign taxes paid on income that is also taxed in India. It ensures that the same income is not taxed twice due to overlapping tax jurisdictions.
Section 90 / 90A: FTC is allowed when India has a Double Taxation Avoidance Agreement (DTAA) with the foreign country or specified territory.
Section 91: Even in cases where no DTAA exists, FTC can be claimed unilaterally under this section.
Rule 128 of Income-tax Rules: This rule governs the manner of computation, conditions, and procedural requirements for claiming FTC.
The taxpayer must be a resident of India.
Foreign income must also be taxable in India.
Foreign taxes must have been actually paid or deducted.
FTC is allowed only in the year in which the foreign income is offered to tax in India.
FTC is computed source-wise and country-wise.
The credit is restricted to the lower of:
Tax payable in India on the foreign income, or
Foreign tax paid on that income.
| Particulars | Amount (INR) |
|---|---|
| Doubly taxed income | 50,00,000 |
| Tax paid in foreign country | 7,50,000 |
| Tax payable in India on same income | 15,00,000 |
| Eligible FTC | 7,50,000 |
FTC is not available against interest, fee, or penalty payable under the Indian tax laws.
If foreign taxes are under dispute, FTC can be claimed in the year the dispute is finally settled and taxes are paid, provided:
Evidence of settlement and payment is furnished,
A declaration is submitted that no refund of such taxes has been or will be claimed,
This must be done within six months from the end of the month of settlement.
If you receive a foreign tax refund after having claimed FTC in India, you must:
Revise the Indian return for the year FTC was originally claimed,
Submit a revised Form 67 within the prescribed time,
This applies whether the refund is due to a carry-back of losses or a revision in average tax rate.
Foreign taxes paid must be converted to INR using the telegraphic transfer buying rate of the last day of the month preceding the month of tax payment.
Only Federal taxes paid in the USA qualify for FTC in India. The following do not qualify:
State income taxes,
Social Security taxes,
Personal holding company tax,
Accumulated earnings tax.
As per Rule 128, the following must be furnished:
Form 67, which includes:
Details of foreign income offered to tax,
Taxes paid or deducted abroad.
One of the following documents:
Certificate from foreign tax authority,
Certificate from deductor,
Self-signed declaration by the taxpayer,
Accompanied by bank challan/acknowledgment or payment proof.
Form 67 must be filed:
On or before the end of the relevant assessment year, and
Along with the original (u/s 139(1)) or belated (u/s 139(4)) return of income.
In case of updated returns (u/s 139(8A)), Form 67 must be filed before filing the updated return.
The OECD Model Tax Convention outlines two main methods to relieve double taxation:
Exemption Method (Article 23A): Income is taxed only in one country.
Credit Method (Article 23B): Taxes paid abroad are credited against domestic tax liability.
India typically follows the Credit Method, aligning with Article 23B in most of its DTAAs.
FTC prevents double taxation on foreign income taxed in India.
Separate computation is required for each income source and country.
Timely and accurate filing of Form 67 is crucial to claim FTC.
Keep a close watch on any subsequent foreign tax refunds and revise returns if needed.
provisions can significantly optimize your tax outgo. Ensure documentation is complete and deadlines are met to fully benefit from the foreign tax credit mechanism.
How can we help? *
