Question 1

When is the Form 67 deadline for claiming Foreign Tax Credit in India?

Accepted Answer

Before or with your ITR due date, typically 31 July for individual NRIs. CBDT Notification 100/2022 now permits late Form 67 filings up to the end of the assessment year, with the FTC claim made via a revised ITR under Section 139(5) or a rectification under Section 154.

Question 2

Can I claim Foreign Tax Credit if I filed my ITR before filing Form 67?

Accepted Answer

Yes but only if you file Form 67 separately within the assessment year and revise the ITR under Section 139(5) to formally claim the credit. Strict reading of Rule 128 says Form 67 must precede the ITR, so the revision is the compliance fix.

Question 3

What happens if I completely miss the Form 67 window?

Accepted Answer

The FTC claim is disallowed by default. Recovery requires a Section 119(2)(b) condonation application to CBDT with evidence of genuine hardship. Approval takes 3 to 8 months and is discretionary. Most condonation applications backed by a CA and proper documentation are approved.

Question 4

Which countries' taxes qualify for Foreign Tax Credit in India?

Accepted Answer

Any country with a DTAA. Section 90, gives direct treaty-rate credit. Countries without a DTAA (e.g., Nigeria) fall under Section 91 unilateral relief, which gives credit at the lower of the two rates. Form 67 is the filing mechanism for both paths.

Question 5

Do I need the foreign tax certificate to file Form 67?

Accepted Answer

Yes. You upload the foreign tax authority's certificate or the foreign ITR acknowledgment proving the tax was actually paid. Without the proof document, the Assessing Officer can disallow the credit even if Form 67 was filed in time. Keep copies of both the form and the supporting documents.

Form 67 by the end of the AY.
Miss it and your foreign tax credit disappears.

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