How to Claim Foreign Tax Credit with Form 67?

Working with international clients is exciting, but dealing with taxes? Not so much!

If you're providing services abroad, you might be worried about getting taxed twice - once in the client's country and again in India. For instance, when a US client pays you, they might deduct their local tax, and India wants its share, too! 

This is where the Foreign Tax Credit (FTC) comes to your rescue. And to claim it, you need to fill out Form 67. 

In this guide, we'll walk you through the steps of filing Form 67, and how to claim a Foreign Tax Credit for taxes you've already paid abroad. No more paying twice for the same income!

What is the Foreign Tax Credit in Form 67? 

Foreign Tax Credit is a mechanism that allows you to claim credit in India for taxes you've already paid in another country on your foreign income. It's designed to prevent double taxation - paying full taxes twice on the same income. You must file Form 67 with the Indian tax department to claim this credit.

It's like getting a discount on your Indian taxes for the tax you've already paid in another country. 

Here's a quick example to make it clearer:

Let's say you're a freelance graphic designer in India who did work for a United States company:

When filing Indian taxes:

Using Form 67, you can claim credit for the ₹62,250 already paid in the US:

Final tax you pay in India: INR1,24,500 - INR62,250 = INR 62,250

This way, you're not paying full tax twice on the same foreign source income. Just remember to file Form 67 before your tax return and keep proof of the foreign tax you paid so that you can claim your foreign tax credit.

Overview of Foreign Tax Credit in India 

India has set up specific rules to help you claim credit for taxes paid abroad - it's like getting a refund on your Indian taxes for what you've already paid in other countries. 

Here's how the system works:

India manages FTC through two main sections of tax law:

Section 90 - For countries with tax agreements

Like having a mutual discount arrangement, India has DTAAs (think of them as tax-saving partnerships) with many countries, including the US, UK, Canada, Australia, and Germany.

Let's take the India-US agreement, for example. If you work with US clients, they might deduct a maximum of 15% tax on your payments (lower than usual rates!). You can claim this as credit in India. This agreement makes it easier for freelancers and businesses to work across borders without worrying about paying hefty taxes twice.

Remember: These agreements are like a VIP pass—they give you special tax benefits that you wouldn't get otherwise! 

Section 91 - For countries without agreements

You can still claim credit for taxes paid, but following Indian tax rules. 

Here's a simple example for Section 91: Suppose you earn ₹3,00,000 from a property in Brazil. You paid ₹75,000 (25%) tax there and owe ₹90,000 (30%) in India. You can claim the lower amount (₹75,000) as credit, so you'll only pay ₹15,000 more in India.

Think of it as a general credit system instead of a particular arrangement. 

Rules for Claiming Foreign Tax Credit in India (Rule 128)

The main rules are as follows:

Timing and amount of tax

For example, If you paid INR 10,000 abroad but the Indian tax would be INR 8,000, you can claim INR 8,000

When claiming your tax credit, remember that only the actual tax you paid counts - any late fees, penalties, or interest charges won't qualify for credit. If you're working with clients from different countries, you must keep each country's calculations separate. 

Stay away from claiming credit for any taxes that are under dispute, as this could cause problems later. Lastly, always convert your foreign earnings to rupees using official exchange rates, as the tax department won't accept any other conversion method.

The point is to avoid paying full tax twice on the same income while keeping things fair for both countries. You wouldn't want to pay the total price for the same item at two different stores! 

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Documents Required to Claim Foreign Tax Credit with Form 67 in India

When claiming FTC with Form 67, you'll need some paperwork to prove your foreign income and taxes paid—think of it as keeping receipts for your tax deductions. 

Here are the documents you will need:

Statement of your foreign income

Proof from the foreign tax authority

Payment proof

Extra documents to keep handy

Form 67: How to Claim Foreign Tax Credit with Form 67? 

To claim the Foreign Tax Credit (FTC) in India using Form 67, a resident taxpayer must follow a structured process and provide specific documentation. Below are the steps: 

Step 1: Log in to the e-filling portal of the Income Tax department using your valid user ID and password. If you are a registered user, sign in directly.

Step 2: On the dashboard, click on e-File, then select Income Tax Forms, and choose File Income Tax Forms.

Step 3: On the next page, find and select Double Taxation Relief (Form 67).

Step 4: Select the relevant Assessment Year (A.Y.) for which you claim the FTC and click Continue.

Step 5: Click on Let’s Get Started on the instructions page.

Step 6: Complete the form with all required details, including personal and other basic information and foreign income details. Ensure accuracy before proceeding.

Step 7: After completing the form, click Preview to review all entered information.

Step 8: Attach necessary documents such as proof of payment for foreign tax, TDS certificates, and other relevant documentation.

Step 9: Click on Proceed to e-Verify after verifying your details.

Step 10: Confirm submission by clicking ‘Yes’ on the confirmation message. You will be redirected to the e-verify page.

After successful e-verification, a success message will appear along with a transaction ID and acknowledgement number for future reference. A confirmation email will also be sent to your registered email address.

What is the Time Limit for Form 67?

For Assessment Year 2024-25, you must file Form 67 by December 31, 2024, before filing your Income Tax Return (ITR). Think of it like getting your paperwork in order before the main tax filing - you can't claim foreign tax credit without submitting Form 67 first, so mark this deadline on your calendar! 

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What is the Content of Form 67? 

Form 67 is divided into four main parts. Here's what each part needs:

Part A: The basics

Part B: Special cases

Verification: Your promise

Attachments: Your proof

What happens if you don't file form 67? 

Not filing Form 67 could mean saying goodbye to your foreign tax credit - you might end up paying tax twice on the same income! However, there's some good news: recent rules are more flexible. Even if you miss the initial deadline, you can file Form 67 until the end of the assessment year (for AY 2024-25, December 31, 2024).

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Parting Words 

Think of Form 67 as your ticket to avoiding double taxation - it might seem like a paperwork hassle, but it's worth it! And here's a pro tip: when receiving payments from abroad, using platforms like Skydo can make your life easier. We provide all the payment documentation you need for Form 67, like FIRC and clear transaction records, right at your fingertips. Remember, whether you're a freelancer or business owner, staying organized with your foreign return of income documents is half the battle won! 

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