claim-tax-credit-on-foreign-income-of-resident-indian

Have you worked abroad during the financial year and earned some income? Yes!!!! That income may also be taxable in India. If you are a resident Indian, as per the income tax rules, the income earned anywhere in the world is taxable to you in India. Some tax may have been deducted outside of India on such foreign income. But how should this income be included in an income tax return? Let’s find out.

What is a Foreign Tax Credit?

Tax is charged by countries based on two rules:

1. Source Rule: According to this rule, income is taxed in the country where it is earned, regardless of who earns it.
2. Residence Rule: According to this rule, the right to tax should be vested in the country in which the person earning the income is a resident

So, there may be situations where one country charges tax on an income based on source rule, whereas another country charges tax based on residence rule. Won’t it be Double Taxation? Yes, it will be (Double taxation occurs when the same income is taxed twice in the hands of the taxpayer), but if you have paid taxes in a country, you can claim a credit for the tax paid against your tax liabilities in your home country if both countries have Double Tax Avoidance Agreement (DTAA). 

If you have paid any tax on a foreign income and such foreign income is also taxable in India, the tax so paid in a foreign jurisdiction shall be creditable against the tax payable in India on such Income, and such credit against Indian tax liabilities is essentially a foreign tax credit. 

Section 90 is intended to deal with situations of double taxation in which India has signed a DTAA with a foreign country. Section 91 deals with situations in which there is no such agreement.

Rule 128 of Income Tax Rules

Adopting Rule 128 and Form 67 eliminated most of the ambiguity surrounding obtaining tax credits. Foreign Tax Credit (FTC) in India is governed by Rule 128 of the Income Tax Rules, which became effective on April 1, 2017. The following conditions are covered under the rule:

1. Only a resident taxpayer is eligible to claim FTC if he paid tax or had tax deducted in a foreign country on foreign income.
2. FTC shall be granted only in the year in which the foreign income has been taxed in India.
3. No FTC will be allowed for any sum payable as interest or penalty.
4. Where a DTAA has been signed between India and a foreign country, the eligible FTC is restricted up to the amount as determined by the DTAA.
5. No credit shall be allowed with respect to any amount of foreign tax or portion thereof that the assessee disputes in any way.

Provided, that the credit for such disputed tax shall be allowed in the year in which such income is offered to tax in India if the taxpayer furnishes evidence of settlement of dispute and evidence to the effect that he has discharged the liability for payment of such foreign tax within six months from the end of the month in which the dispute is finally settled.

6. The credit for the foreign tax shall be the sum of the credit amounts estimated separately for each source of income emanating from a particular nation. i.e., calculation of FTC to be made source of income wise.
7. The credit admissible is the lesser of: 
   1. the tax payable on such income under the Indian tax laws; and 
   2. the tax paid on such income in a foreign jurisdiction.

Documents Required to Claim Foreign Tax Credit

To claim FTC, the taxpayer must furnish the following documents.

1. Certificate/statement describing the nature of foreign income and the amount of tax deducted or paid by the assessee:

• from a foreign country's tax authority; or
• from the person deducting such tax; or
• signed by the assessee.

2. However, the statement provided by the taxpayer above is considered valid only if it accompanies proof of online / challan for payment of tax or proof of deduction of tax.
3. Form 67: Form 67 must be filed using the Income Tax Portal before filing the return of income to claim the FTC.

How to Claim Tax Credit on Foreign Income?

If you are a resident, income earned anywhere in the world must be included in your total income.

1. Convert the foreign income into INR as per the reference rates
2. Now, include this income under the respective income head; for example, include salary income under the head ‘salaries’.
3. You can take credit for such taxes if TDS has been deducted from your income. While taking TDS credit, ensure the correct DTAA is applied to take credit for the deducted foreign tax.
4. The taxpayer should add details of foreign income, i.e., income earned outside India, to Schedule FSI of the ITR.
5. Once the taxpayer adds details of Foreign Income in Schedule FSI, the particulars in Schedule TR (Tax Relief) get populated.

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