Are you earning income in multiple countries but concerned about paying taxes twice on the same earnings? For NRIs managing their financial affairs across borders, understanding the foreign income tax credit is essential to avoid unnecessary tax burdens.
The Foreign Tax Credit (FTC) helps you avoid double taxation on income taxed both in India and abroad. Under Section 90 of the Income Tax Act, DTAAs with various countries allow you to reduce your Indian tax liability by the tax already paid overseas, subject to specific conditions.
Navigating taxes in multiple countries can be tricky for NRIs, but claiming foreign tax credit can offer significant relief. If you've paid tax abroad on income also taxable in India, you may qualify.
To claim this benefit, submit Form 67 before filing your Indian tax return. Relief is available under section 90 (with DTAA) or section 91 (without DTAA), depending on your country of residence.
What is Foreign Tax Credit and Why Does It Matter for NRIs?
The foreign tax credit (FTC) helps you avoid paying taxes twice on the same income. When you pay taxes abroad on your foreign earnings, FTC allows you to reduce your Indian tax liability by that amount, protecting your hard-earned money.
As an NRI, this credit is particularly important since you likely generate income in multiple countries. Without FTC, you'd face double taxation—paying taxes once where you earn the money and again in India—significantly reducing your actual take-home income and complicating your financial planning.
Under Income Tax Rule 128 in India, you can claim credit for foreign taxes when that same income is taxed in India. This applies to:
- Taxes covered under Double Taxation Avoidance Agreements (DTAAs) with specific countries
- Taxes similar to income tax payable under laws of other countries
The credit offsets taxes, surcharges, and cess payable under Indian law, but cannot be used against interest, fees, or penalties. Remember that if you've excluded foreign earned income, you cannot claim FTC for taxes on that excluded income.
Taking a credit rather than a deduction offers greater benefits because:
- A credit directly reduces your tax liability, rupee-for-rupee
- A deduction only lowers your taxable income
For example, if you paid $5,000 in foreign taxes, a credit would reduce your Indian tax liability by the equivalent amount (subject to limits), while a deduction would only reduce your taxable income, resulting in smaller tax savings.
The calculation is simple—you get the lower of either the tax payable in India on that income or the foreign tax paid, converted to Indian rupees. If your foreign tax payment is under dispute, you can still claim credit after the dispute resolves by submitting evidence within six months.
Filing Form 67 before your tax return deadline is mandatory for claiming FTC in India, along with proper documentation of your foreign income and taxes paid.
Eligibility Rules and Key Documents You'll Need
To claim foreign income tax credit, you must meet specific eligibility criteria and prepare the proper documentation. While the process might seem complicated initially, with proper preparation, it becomes manageable.
Who Can Claim Foreign Tax Credit?
You're eligible to claim foreign tax credit (FTC) if you've paid taxes in a foreign country on income that's also taxable in India. This applies to:
- NRIs who are tax residents of foreign countries
- Resident Indians who earn income abroad
Regardless of your residency status, what matters is whether you've actually paid taxes overseas on income that India also taxes. Additionally, the foreign taxes must be similar to Indian income tax to qualify for credit.
Essential Documents Required
When claiming FTC, gather these key documents:
- Form 67 (mandatory) - This must be filed electronically before your income tax return deadline
- Tax Residency Certificate from the foreign country
- Proof of foreign tax payment (tax receipts, statements, or challan)
- Foreign tax return copy with assessment order (if applicable)
- Income statements showing the source and amount of foreign income
Unlike a simple deduction, claiming foreign tax credit requires thorough documentation to verify both your foreign income and the taxes paid on it. To proceed smoothly, ensure all documents are properly translated into English if they're in a foreign language.
Important Timing Considerations
Form 67 must be submitted before filing your income tax return - not after. If your foreign tax is under dispute, you can claim credit once the dispute is settled by submitting evidence within six months.
To maximize your tax savings, remember that the credit amount is determined by comparing the tax payable under Indian tax laws with what you've paid abroad - with the lower amount being granted as relief. This calculation ensures you're not over-claiming credit beyond what's permitted under Indian tax regulations.
Proper documentation is your strongest ally in successfully claiming foreign tax credit and avoiding unnecessary scrutiny from tax authorities.
How to Claim Foreign Tax Credit in India
To claim your foreign tax credit (FTC) in India, you need to file Form 67 electronically through the Income Tax e-filing portal before submitting your annual tax return. Let's go through the steps to complete this process and avoid double taxation.
Filing Form 67 is mandatory for claiming FTC in India. This form must be submitted online before filing your income tax return. To begin, you need to be a registered user on the e-Filing portal with a valid user ID, password, and an active PAN linked to your Aadhaar.
Here's a step-by-step guide to filing Form 67:
- Log in to the Income Tax e-Filing portal using your credentials
- Navigate to e-File > Income Tax Forms > File Income Tax Forms
- Select Form 67 from the available options
- Choose the relevant Assessment Year and click "Continue"
- On the instructions page, click "Let's Get Started"
- Fill in all required details in the form
- Upload supporting documents and preview the form
- Click "Proceed to e-Verify" and complete verification
- Note down the transaction ID and acknowledgment number for future reference
Form 67 contains four main sections: Part A (basic information and income details), Part B (refund details), Verification section, and Attachments section where you'll upload proof of foreign tax payment.
Important documentation required includes:
- Certificate from foreign tax authorities
- Proof of foreign tax payment or deduction
- Foreign income documents
- Tax returns filed in foreign jurisdictions (if applicable)
As per the latest amendments, Form 67 can be filed on or before the end of the relevant assessment year if your return was filed within the time stipulated in Section 139(1) or 139(4). For updated returns under Section 139(8A), Form 67 must be filed before submitting the updated return.
By following these steps carefully and ensuring proper documentation, you'll successfully claim your foreign tax credit and avoid the financial burden of double taxation.
Conclusion
Claiming foreign tax credit as an NRI can be a smart way to avoid double taxation and reduce your overall tax liability. It ensures you don’t pay taxes twice on the same income earned abroad and in India. Key steps include filing Form 67 before your Indian income tax return, maintaining detailed records of foreign taxes paid, and identifying whether you qualify under Section 90 (DTAA) or Section 91 (non-DTAA). The relief is calculated based on the lower of the Indian tax payable or the foreign tax paid.
Rather than treating it as a mere compliance task, see it as a financial planning opportunity to make the most of your global earnings. Staying organized and keeping accurate documentation will make tax season easier and help avoid issues with tax authorities. If you're unsure about the process, seeking professional help is a wise move.
For trusted, NRI-focused guidance, platforms like uiNRi can help you navigate these complexities with confidence.
Frequently Asked Questions
Q1. Who is eligible to claim foreign tax credit in India?
NRIs and resident Indians who have paid taxes on income in a foreign country that is also taxable in India are eligible to claim foreign tax credit. The foreign taxes must be similar in nature to Indian income tax to qualify for the credit.
Q2. What documents are required to claim foreign tax credit?
To claim foreign tax credit, you need to file Form 67 electronically, provide a Tax Residency Certificate from the foreign country, proof of foreign tax payment, a copy of your foreign tax return (if applicable), and income statements showing the source and amount of foreign income.
Q3. How is the foreign tax credit calculated?
The foreign tax credit is calculated as the lower of the tax payable in India on the foreign income or the actual foreign tax paid, converted to Indian currency. This ensures that you don't claim more credit than what's permitted under Indian tax regulations.
Q4. Can I claim foreign tax credit if I've taken the standard deduction?
Yes, you can claim foreign tax credit even if you've taken the standard deduction. The foreign tax credit is separate from deductions and can be claimed as a credit against your tax liability.
Q5. What is the deadline for filing Form 67 to claim foreign tax credit?
Form 67 must be filed electronically before submitting your income tax return. For returns filed within the time stipulated in Section 139(1) or 139(4), Form 67 can be filed on or before the end of the relevant assessment year. For updated returns under Section 139(8A), it must be filed before submitting the updated return.
