Guidance Note with respect to Form No. 44 : Foreign Tax Credit

Form No. 44 (Statement of income from a country or specified territory outside India and Foreign Tax Credit)

1. Purpose:

Subject to satisfaction of conditions of Rule 76 of the Income-tax Rules, 2026, to claim foreign tax credit under Rule 76(1) or to intimate the Income Tax Department under Rule 76(14) about carry backward of loss of the current year or revision of return or similar statement, the case may be, of any year or any other reason resulting in refund of foreign tax for which credit has been claimed in any tax year(s), the assessee shall furnish Form No. 44 for relevant tax year.

2. Who should file?

Only a resident assessee, having foreign income and intending to claim credit for foreign tax paid outside India on such foreign income should file Form No. 44 in accordance with Rule 76. Form No. 44 shall also be filed by a resident assessee under Rule 76(14) to intimate the Income Tax Department about carry backward of loss of the current year or revision of return or similar statement, the case may be, of any year or any other reason resulting in refund of foreign tax for which credit has been claimed in any tax year(s).

3. Frequency & Due Dates:

4. Structure of Form:

Form No. 44 has three parts.

PART A: Particulars of the person

PART B: Details of income from a country or specified territory outside India which is offered to tax or assessed to tax in India and on which Foreign Tax Credit is claimed

PART C: Details regarding refund of foreign tax by foreign tax authority for which credit was already claimed in India

5. Documents required to file Form No. 44:

i. Documents containing details of head-wise/source-wise income from a foreign country/specified territory which is offered to tax or assessed to tax in India and on which Foreign Tax Credit is claimed, details of foreign tax paid on such income; copy of the respective Double Taxation Avoidance Agreements wherever applicable; details of disputes, if any, regarding the foreign tax paid or part thereof in respect of all countries/specified territories from where the resident taxpayer has earned income

ii. Documents containing details regarding refund of foreign tax by foreign tax authority for which credit has already been claimed in India such as reason for refund of foreign tax, amount of the refund of the foreign tax, amount of the refunded foreign tax for which credit has already been claimed in India, tax year(s) in which credit of the refunded foreign tax has already been claimed in India

6. Step-by-step process of filing Form No. 44:

Form No. 44 can be filed through e-filing portal using taxpayer’s user ID and password.

Follow the below-mentioned steps to fill and submit the form through online mode:

Step 1: Log in to the e-filing portal using your user ID and password.

Step 2: Once logged in, navigate to your Dashboard, then click on e-File > Income Tax Forms > File Income Tax Forms.

Step 3: On the File Income Tax Forms page, select Form No. 44. Alternatively, enter Form No. 44 in the search box to find out and file the form.

Step 4: On the Instructions page, click Let’s Get Started.

Step 5: On click of Let’s Get Started, Form No. 44 is displayed. Fill all required details and attach the documents required under Rules 76(10) and 76(11) of the Income-tax Rules, 2026. Click Proceed.

Step 6: On the Preview page, verify the details and click Proceed to e-Verify.

Step 7: Click Yes to submit.

Step 8: On clicking Yes, you will be taken to the e-Verify page, where you can complete the verification process.

After successful e-Verification, a success message is displayed along with a Transaction ID and Acknowledgement Number. Please keep a note of the Transaction ID and Acknowledgement Number for future reference. Download a copy for your records. You will also receive a confirmation message on your email ID and mobile number registered with the e-filing portal.

7. Major changes as compared to erstwhile Form No. 67

As per Rule 76(16), Form No. 44 is required to be verified by an accountant: –

(a) where the assessee is a company; or

(b) in all other cases where the amount of foreign tax paid outside India for a tax year equals or exceeds one lakh rupees.