Rule 128 Foreign Tax Credit Rules (2026)
Under Section 90/91 and Rule 128 of the Income Tax Act, Indian tax residents can claim credit for taxes paid overseas to avoid double taxation:
| Condition | Rule 128 FTC Limit Formula |
|---|---|
| Foreign Tax < Indian Tax | 100% Foreign Tax Allowed as FTC Credit |
| Foreign Tax > Indian Tax | FTC capped at Indian Tax Payable (Excess lapsed) |
| Mandatory Portal Filing | Form 67 submitted online before filing ITR-2/3 |
Key Benefits of Form 67 Filing
- Eliminates Double Taxation: Prevents paying tax twice on US stocks, RSUs, or overseas consulting projects.
- Statutory DTAA Protection: Leverages bilateral Double Taxation Avoidance Agreements under Section 90.
Limitations & Filing Deadlines (2026)
- Form 67 E-Filing Prerequisite: Failure to submit Form 67 prior to filing ITR will result in automated disallowance of FTC tax credit by CPC.
- No Carry-Forward of Unused Credit: Excess foreign tax paid cannot be carried forward to future financial years.
Form 67 E-Filing Pro Tip
Always upload your Form 1042-S or foreign tax receipt statement on the Income Tax e-Filing portal under Form 67 BEFORE clicking "Submit" on your ITR-2 return!