Two ways relief works
| Situation | How relief is given |
|---|---|
| Indian resident with foreign income | Foreign tax credit in India (Section 90 or 91); Form 67 with proof of foreign tax |
| NRI with Indian income | Lower treaty rate on interest, dividends, royalties; TRC + Form 41 (formerly 10F) |
| Dual residency | Treaty tie-breaker: permanent home, centre of vital interests, habitual abode, nationality |
Rules for claiming foreign tax credit
- Credit is computed income by income and country by country
- Capped at the Indian tax on that income — excess foreign tax isn't refunded
- Foreign tax under dispute isn't creditable until settled
- Form 67 must be filed on or before the date the ITR is filed
- Use the SBI TT buying rate on the last day of the month before the tax was deducted
Worked example: resident with US dividends
- 1US dividends of ₹2,00,000; US withholding at the treaty rate of 25% = ₹50,000.
- 2Indian tax at 30% slab + cess = ₹62,400.
- 3Foreign tax credit = lower of ₹50,000 and ₹62,400 = ₹50,000.
Pay ₹12,400 more in India; total tax equals the higher of the two countries' tax.

