When is the Form 67 deadline for claiming Foreign Tax Credit in India?
First, the part people miss: foreign tax credit under Rule 128 is for residents. It matters once you are back and RNOR or ROR, not while you are still a non-resident, because India is not taxing your foreign income then. On timing, Rule 128(9) as amended by Notification 100/2022 lets you file Form 67 on or before the end of the assessment year. From tax year 2026-27 the form is renumbered Form 44.
Can I claim Foreign Tax Credit if I filed my ITR before filing Form 67?
Yes, and that sequence does not need a revised return. Rule 128(9) since Notification 100/2022 expressly allows Form 67 on or before the end of the assessment year where the return went in under Section 139(1) or 139(4), so the form arriving after the ITR is contemplated by the rule. Revising under Section 139(5) is only needed if the return itself has to change.
What happens if I completely miss the Form 67 window?
The FTC claim is disallowed by default. Recovery runs through a Section 119(2)(b) condonation request to the delegated income-tax authority, not to the CBDT itself, with evidence of genuine hardship. It is discretionary, and the guidelines ask for disposal within six months as far as possible.
Which countries' taxes qualify for Foreign Tax Credit in India?
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.
Do I need the foreign tax certificate to file Form 67?
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.