Effective 1 April 2026, the Income Tax Department introduced simplified and structured Form No. 44 and new Form No. 45 for resident assessees claiming foreign tax credit. Form No. 44, replacing the erstwhile Form No. 67, is used to file the statement of income from outside India and Foreign Tax Credit under Rule 76 of the Income-tax Rules, 2026, while Form No. 45 is used to intimate settlement of disputes regarding foreign taxes for which credit was not claimed. Form No. 44 is required for resident assessees claiming foreign tax credit and in specified cases where previously claimed foreign tax is refunded. Form No. 45 applies where a dispute is settled and foreign tax credit was omitted from Form No. 44 due to that dispute. Form No. 44 is due within 12 months from the end of the tax year in which the income was offered to tax in India, while Form No. 45 is due within six months from the end of the month in which the dispute is finally settled. The forms include accountant verification requirements, supporting document requirements, and drop-down options intended to facilitate standardisation, clarity, and compliance.
Income Tax Department
Central Board of Direct Taxes
Foreign Tax Credit to resident assessees: Form No. 44 (erstwhile Form No. 67) and Form No. 45 (new form)
1. Background
Effective 1 April 2026, Income Tax Department has introduced simplified, better structured, and smart forms for resident assessees to claim credit for taxes paid outside India. These forms replace the older filing system with a more transparent, and standardised format. While Form No. 44 is a simplified and better structured version of the erstwhile Form No. 67, Form No. 45 is a newly introduced form to file intimation of settlement of dispute regarding foreign taxes, for which credit was not claimed.
2. Purpose
Form No. 44 is for filing ‘Statement of income from a country or region outside India and Foreign Tax Credit’ under Rule 76 of the Income-tax Rules, 2026. Form No. 45 is for filing ‘Intimation of settlement of dispute regarding foreign tax for which credit has not been claimed’.
3. Who should file?
Form No. 44
Required for resident assessees claiming credit for foreign taxes paid. It must also be filed if a refund of foreign tax occurs due to revision of return, or similar statement, carry backward of loss, or any other reason, and credit of such foreign tax has been previously claimed.
Form No. 45
Required for resident assessees to inform the Income Tax Department of a dispute settlement, and claim a foreign tax credit that was omitted from a previously filed Form No. 44 due to that dispute.
4. Frequency & Due Dates
| Frequency | Due Date |
| Form No. 44 | Within 12 months from the end of the tax year in which the income was offered to tax in India. |
| Form No. 45 | Within 6 months from the end of the month in which the dispute is finally settled. |
5. Major changes as compared to the erstwhile form
Form No. 44: Form No. 44 must be verified by an accountant, if the assessee is a company, or if foreign tax paid is ₹1 lakh or more.
Form No. 45
Form No. 45, a newly introduced form, requires verification by an accountant if the corresponding Form No. 44 for that year required it.
6. Documents required
i. Head-wise/source-wise details of foreign income and taxes paid.
ii. Copies of relevant Double Taxation Avoidance Agreement(s) (DTAA).
iii. Evidence of tax disputes and, for Form No. 45, proof of their final settlement, evidence of payment of such tax, and an undertaking that no credit in respect of such amount has directly or indirectly been claimed, or shall be claimed for any other tax year.
iv. Details of foreign tax refund from foreign authorities, if applicable.
7. Key benefits of new forms
Drop-down options have been provided at several places in the form to be selected by the taxpayers, in accordance with their specific facts and circumstances. Only that part of the form to be visible electronically, which is applicable to the taxpayer, depending upon the option(s) selected. This will facilitate:
- Ease and standardisation in filling the form, and removal of ambiguity or confusion.
- Better clarity in understanding the relevant statutory requirements.
- Ease of compliance.
