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Form 67 & Claim of Foreign Tax Credit

Updated on: May 12th, 2023

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9 min read

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When a resident taxpayer receives income from a foreign state, the tax will be deducted from the income by the foreign state and the resident state. In such cases, residents can claim credit for the amount of tax deducted in the foreign state by filing Form 67 with the income tax department. 

Residents must submit Form 67 before the due date of Income Tax Returns (ITR) filing to claim credit for such taxes. Form 67 is also required to be furnished in case the carry backward of losses of the current year results in the refund of foreign tax for which credit has been claimed in any previous years.

Form 67 due date for AY 2023-24

The Central Board of Direct Taxes (CBDT) revised Rule 128 to provide that Form 67 can be filed on or before the end of an assessment year if the return of income for that year was filed within the time stipulated in Section 139(1) or Section 139(4).

If the assessee has filed an updated return under Section 139(8A), Form 67 (related to income included in the updated return) must be filed on or before the date of filing of the updated return.

The modification takes effect on April 1, 2022, and so applies to all FTC claims submitted during the fiscal year 2022-2023.

What is Foreign Tax Credit (FTC)?

Assume a scenario where a taxpayer is a tax resident of Country A (Residence State) and he is in receipt of income from Country B (Source State). The Source State withholds a portion of taxes on the income received by the taxpayer in that country. Further, the Residence State, according to its tax laws, would tax the taxpayer on his worldwide income which would include income from the Source State too.

This would result in the taxpayer getting taxed on his income twice i.e. once in the Source State and once in the Residence State. To address this, the tax laws in various countries provide for a mechanism whereby the Residence State allows a deduction of taxes paid in the Source State from the total tax liability in the Residence State.

The concept of claiming a deduction or credit of taxes paid in the Source State against tax liability in the Residence State is called Foreign Tax Credit (FTC).

The concept of FTC in India

As per the tax laws of India, sections 90 and 91 of the Income Tax Act deal with the concept of FTC. Section 90 discusses claiming of FTC in a case where India has entered into a Double Taxation Avoidance Agreement (DTAA) with another country and such DTAA provides for claiming of such FTC while Section 91 deals with claiming of FTC in scenarios where India has not entered into a DTAA with the country where the income arises for a taxpayer. Under these sections, if the taxpayer is a resident of India, and he has paid taxes outside India, he can claim a credit of such foreign taxes paid against his tax payable in India.

Rules for claiming FTC have been notified under Rule 128 w.e.f 1.4.2017 which have helped clear out ambiguity around claiming of FTC, some of which have been briefly captured here under:

  • FTC is to be allowed in the year in which the income corresponding to such tax has been offered or assessed to tax in India;
  • FTC shall be available against the amount of tax, surcharge and cess payable under the Indian tax laws but not against interest, fee or penalty;
  • FTC shall not be available if the foreign tax is a disputed one;
  • FTC is available even on tax payable under Section 115JB (Minimum Alternate Tax);
  • FTC shall be the aggregate of the amounts of credit computed separately for each source of income arising from a particular country;
  • FTC shall be lower of, tax payable on such income under the Indian tax laws and the foreign tax paid;
  • FTC shall be determined by conversion of the currency of payment of the foreign tax at the Telegraphic Transfer Buying Rate on the last day of the month immediately preceding the month in which such tax has been paid or deducted.

What is Form 67?

Form 67, as mentioned above, is a crucial document that has to be furnished in order to claim FTC by a taxpayer. It is also essential that it be furnished on or before the due date of filing return of income under section 139(1) i.e. the original return of income.

Contents of Form 67

Form 67 contains the below four sections:

  • Part A - Part A contains basic information, such as name, PAN or Aadhaar number, address, assessment year, receipt of details of the income from a country outside India and details of foreign tax credit claimed.
  • Part B - Part B contains details of refund of foreign tax as result of carry backward of losses and disputed foreign tax. 
  • Verification - This section contains a self-declaration form as per the Income Tax Rules, 1962. 
  • Attachments - The last section is attachments where the taxpayer needs to attach a copy of the certificate or statement and proof of payment or deduction of foreign tax.

Procedure for filing Form 67

The CBDT, vide notification no. 9/2017 dated 19 September 2017 has prescribed the procedure for filing Form 67 which has been enumerated here:

  • Form 67 is to be prepared and submitted online for taxpayers who are mandated to file their income tax returns electronically.
  • This form is available on the e-filing portal of the income tax department in the taxpayer’s account.
  • Digital Signature Certificate (DSC) or Electronic Verification Code (EVC) is mandatory to submit Form 67
  • Submission of Form 67 shall precede the filing of the return of income.

Documents required to be furnished for claiming FTC

In accordance with Rule 128, in order to claim FTC, the taxpayer is required to file the following documents on or before due date of filing of return:

1. A statement of :

  • foreign income offered to tax
  • foreign tax deducted or paid on such income in Form No. 67

2. Certificate or statement specifying the nature of income and the amount of tax deducted therefrom or paid by the taxpayer :

  • From the tax authority of the foreign country
  • from the person responsible for the deduction of such tax
  • signed by the taxpayer

3. Proof of payment of taxes outside India.

Steps to fill and submit Form 67

Step 1: Log in to the Income Tax e-Filing portal using your user ID and password.

Step 2: On the ‘Dashboard’, click ‘e-File’,  click ‘Income Tax Forms’ and select ‘File Income Tax Forms’.

Step 3: On the next page, select ‘Form 67’. 

Step 4: Select the ‘Assessment Year (AY)’ and click ‘Continue’.

Step 5: On the instructions page, click ‘Let's Get Started’. 

Step 6: Form 67 will be displayed. Fill the required details and click ‘Preview’.

Step 7: Verify the details and click ‘Proceed to e-Verify’.

Step 8: Click ‘Yes’ on the confirmation message to submit the form.

Step 9: It will be redirected to the e-verify page. After successful e-verification, a success message will be displayed along with a transaction ID and acknowledgement number. 

Note the transaction ID and acknowledgement for future reference. You will also receive a confirmation message to the email ID registered on the e-Filing portal. 

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