Form 44 replaces Form 67 for foreign tax credit from Tax Year 2026-27 under Rule 76 of the Income-tax Rules, 2026 (old Rule 128).
Form 67 stays for FY 2025-26 and earlier.
Two things are new:
- an accountant's verification if foreign tax paid in the tax year is Rs 1 lakh or more
- and Form 45 for settled disputes
You practically need to file Form 44 before your ITR; the legal deadline is 12 months after the tax year, if your return is filed on time.
The DTAA and unilateral relief rules behind the credit were renumbered, not changed.
Table of contents
- Form 67 vs Form 44: what changed under the Income-tax Rules 2026
- Form 67 or Form 44: which form to use for which year
- Form 44 accountant verification: who needs it
- How to file Form 44: who files and what to attach
- Form 44 due date under Rule 76
- Form 45: claiming credit after a foreign tax dispute
Form 67 vs Form 44: what changed under the Income-tax Rules 2026
Form 44 keeps the purpose of Form 67, claiming credit for tax paid abroad, and adds an accountant's verification for larger claims and a separate Form 45 for disputes, according to CBDT's Form 44 guidance note.
| What it covers | 1961 Act / 1962 Rules | 2025 Act / 2026 Rules | What changed |
|---|---|---|---|
| Foreign tax credit statement | Form 67 | Form 44 | New form number |
| Foreign tax credit rule | Rule 128 | Rule 76 | Accountant verification for companies, and where foreign tax paid is Rs 1 lakh or more (Rule 76(16)); due date set in Rules 76(12) and 76(13) |
| Settlement of a foreign tax dispute | None | Form 45 (new) | Separate form to claim credit once the dispute is settled (Rule 76(6)) |
| DTAA relief | s90, s90A | s159 | Renumbered only |
| Unilateral relief (no DTAA) | s91 | s160 | Renumbered only |
| Power to make foreign tax credit rules | s295(2)(ha) | s533(2)(q) | Renumbered only |
The section and rule numbers come from CBDT's section map and rules map.
Note: Form 67 needed no accountant. Rule 128(8) only required it to be "verified in the manner specified therein", which on the e-filing portal was your own e-verified declaration (Rule 128 text). The timing is the same in effect: Form 67 was due by the end of the assessment year, 12 months after the income year ended (Rule 128(9)).
Form 67 or Form 44: which form to use for which year
Use Form 67 for foreign income earned up to 31 March 2026 and Form 44 for foreign income earned from 1 April 2026 (Tax Year 2026-27), according to CBDT's transition FAQs.
| Income earned | Return | Form for foreign tax credit |
|---|---|---|
| 1 April 2025 to 31 March 2026 (FY 2025-26) | Filed in 2026 under the 1961 Act | Form 67 |
| From 1 April 2026 (Tax Year 2026-27) | Due from July 2027 under the 2025 Act | Form 44 |
Note: If you revise your FY 2025-26 return, which the Finance Act 2026 allows until 31 March 2027, the foreign tax credit claim for that year still goes in Form 67.
Form 44 accountant verification: who needs it
Form 44 must be verified by an accountant if the taxpayer is a company or foreign tax paid in the tax year is Rs 1 lakh or more (Rule 76(16)). Below that, an individual files Form 44 without an accountant's verification.
The accountant must be a chartered accountant with a valid certificate of practice under the Chartered Accountants Act, 1949, as defined in s515(3)(b) of the Income-tax Act 2025, which Rule 76(16) refers to (Rule 76 text, s515 text). The same definition rules out you, your relatives, your employees and anyone with certain financial ties to you.
Example. Suppose you are an RSU holder in Bengaluru whose US employer's shares paid dividends during Tax Year 2026-27, and US tax withheld on those dividends adds up to Rs 1.2 lakh. Because foreign tax paid in the year is Rs 1 lakh or more, your Form 44 needs an accountant's verification. If the US tax withheld were Rs 80,000, you would file Form 44 yourself.
For how US withholding on RSU dividends works, read dividend income from RSU shares.
How to file Form 44: who files and what to attach
Only a resident with foreign income who claims credit for foreign tax paid on it files Form 44, and only online on the e-filing portal, according to CBDT's Form 44 guidance note.
- Who files: a resident claiming credit for foreign tax. A resident must also file Form 44 if foreign tax already credited in India is later refunded abroad, for example after a revised foreign return (Part C, Rule 76(14)).
- What to attach: a certificate or statement of the foreign income and the tax deducted or paid, issued by the foreign tax authority or the deductor, or signed by you. It must come with proof of payment or deduction. Add a copy of the relevant DTAA where it applies, and details of any dispute over the foreign tax.
- How to file: on the e-filing portal, go to e-File, then Income Tax Forms, then File Income Tax Forms, and select Form 44. Fill in the details, attach the documents and e-verify.
The form has three parts: Part A for your details, Part B for the foreign income and tax credit claimed, and Part C for refunds of foreign tax already credited (Form 44/45 FAQ).
Form 44 due date under Rule 76
Form 44 is due within 12 months from the end of the tax year, as long as the return itself was filed by the original or belated deadline (s263(1) or s263(4)), according to Rules 76(12) and 76(13).
- Original or belated return: file Form 44 within 12 months from the end of the tax year. For Tax Year 2026-27, which ends on 31 March 2027, that means by 31 March 2028.
- Updated return: file Form 44 by the date the updated return is filed.
In practice, file Form 44 before you file your ITR. The 12-month window is the legal limit, but having Form 44 on record when your return is processed keeps the credit from being missed. The window counts from the end of the tax year in which the foreign income is offered to tax in India, and it applies only if the return was filed by the original or belated deadline (Form 44 guidance note).
The Form 44/45 FAQ sets out both cases.
Form 45: claiming credit after a foreign tax dispute
Form 45 is new under the Income-tax Rules, 2026. It claims foreign tax credit within six months from the end of the month in which a foreign tax dispute is settled, and Form 44 must already be filed (Rule 76(6), Form 44/45 FAQ).
Most investors will never need Form 45. It is for a resident who did not claim credit in Form 44 for a year because the foreign tax was under dispute, and who claims it once the dispute is settled. Form 45 needs an accountant's verification if the related Form 44 did (Rule 76(17)), and it comes with evidence of the settlement and of the foreign tax paid, plus undertakings that no refund and no credit for another year will be claimed. Every other foreign tax credit number is in the old to new mapping of sections, rules and forms.
