Rule 128 Foreign Tax Credit Rules (2026)
Under Section 90/91 of the Income Tax Act and Rule 128, Indian resident taxpayers who earn foreign income (such as US stock dividends, RSUs, or freelance consulting fees) can claim Foreign Tax Credit (FTC) by filing Form 67, preventing double taxation in India.
To claim FTC, Form 67 must be submitted online before filing your annual ITR under Section 139(1). Calculate upfront taxes collected on overseas investments on our TCS calculator and adjust foreign tax credits against quarterly payments on our advance tax calculator. Compute capital taxes on foreign equity sales with our capital gains tax calculator, calculate annual tax liability on our income tax calculator, evaluate your take-home pay on our salary breakup calculator, and optimize cross-border tax compliance on our foreign tax optimizer.
| 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!