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How to claim foreign tax credit during efilling (TRC)

Madhu (Team Member) (155 Points)

15 June 2017

Hello,

I have received form 16 from employer and they have shown tax paid outside india amount also.

I have worked in india till JAN-2017 and rest of the year (FEB & MAR-17) worked outside india. As per tax 26AS, employer paid 40,000. However total tax paid 70,000 as per form16(both actual tax + foreign tax credit i.e 40,000 + 30,000).

How can i claim foreign tax credit (30,000) during filling ITR? There is no such column to claim foreign tax credit.

Else, can i modify the amount in TAX DEDUCTED filed in TAX DETAILS TAB during ITR-1 efilling?

Is required to get TCR in my case?

Rgds, Madhu

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10 Replies

M.Ajay kumar (ca) (99 Points)
Replied 15 June 2017

you cannot claim foreign tax as credit, instead u can claim rebate under section 91...

M.Ajay kumar (ca) (99 Points)
Replied 15 June 2017

You can claim rebate under sec- 91, if there is no DTAA between India and such foreign country.....

M.Ajay kumar (ca) (99 Points)
Replied 15 June 2017

you can claim TDS in ITR only to the extent it is deducted in India and paid in India......no need to obtain TRC in your case

PRABIR PAUL (*****Accountant***** Never insult to any person for any kind of lack of knowledge or misread.) (1443 Points)
Replied 15 June 2017

You can't claim tds of foriegn country......

If DTAA is available then you can get relief U/s 90 or 90A..

If DTAA is not available then still you can get relief U/s 91.

Use the Schedule of FSI in ITR 2

Madhu (Team Member) (155 Points)
Replied 15 June 2017

Hello,

Thanks for your quick response.

One of CA told me that, whenever employee earning salary from India and out of india. He need to get TRC from Income tax authority of India. Is it wrong?

In my case, can i go ahead with ITR - 2

PRABIR PAUL (*****Accountant***** Never insult to any person for any kind of lack of knowledge or misread.) (1443 Points)
Replied 15 June 2017

What type of details or proof you have where it is mention that you have paid tax on foreign income in foreign contry?

Madhu (Team Member) (155 Points)
Replied 15 June 2017

Hello,

In form 16, they have mentioned tax paid outside india.

Please refer the attachment having screen shot from form16.

Attached File : 810869 20170615132805 tcr.jpg downloaded: 130 times

PRABIR PAUL (*****Accountant***** Never insult to any person for any kind of lack of knowledge or misread.) (1443 Points)
Replied 15 June 2017

The format of Form 16 doesn't provide the details about income of outside India.

I think it's not form 16...

Madhu (Team Member) (155 Points)
Replied 16 June 2017

Hello,

Please refer the attachment having form 16 (part b).

I have highlihted FOREIGN TAX CREDIT field in yellow color. Please check,

I have paid total tax amount - 1,31,563 but they have shown 9,61,81 in 26AS(only for india salary).

Emplyer showing both foreign and india salary income in form16. Due to this reason, my INCOME CHARGEABLE UNDER THE HEAD SALARIES is very high (approximately 10 laks instead of 7 lakhs). So that i am not getting any returns from India tax dept.