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nism-series-xb-dtaa-foreign-tax-credit-ftc-section-90-rules[ INVESTMENT ADVISER (LEVEL 2) ]
Under Section 90 of the Income Tax Act and bilateral Double Taxation Avoidance Agreements (DTAA), how does a Resident Indian taxpayer avoid double taxation on foreign dividend or capital gains income taxed abroad?
[ A ]Foreign income is 100% exempt from Indian income tax without filing returns.
[ B ]The Indian government refunds all foreign taxes in physical cash.
[ C ]Foreign income is taxed at double the standard rate in India.
[ D ]By claiming a Foreign Tax Credit (FTC) in India for the foreign taxes paid, capped at the Indian tax liability payable on that doubly taxed foreign income (by filing Form 67).[ CORRECT ]
Takeaway
Option D is correct: By claiming a Foreign Tax Credit (FTC) in India for the foreign taxes paid, capped at the Indian tax liability payable on that doubly taxed foreign income (by filing Form 67).
Derivation
A Resident Indian's global income is taxable in India regardless of where it was earned, creating a genuine risk of the same rupee being taxed twice — once abroad at source and again in India on the full return. Section 90, operating through bilateral DTAAs, resolves this by letting the taxpayer claim a Foreign Tax Credit for tax already paid overseas, offsetting it against their Indian liability on that same income. The credit is capped: it cannot exceed the Indian tax that would otherwise be payable on that foreign income, so a high foreign tax rate cannot generate a net refund against unrelated domestic income. Claiming it requires filing Form 67, documenting the foreign tax paid and treaty basis.
Why the others fail
A — Foreign income is 100% exempt from Indian income tax without filing returns.
Global income of a Resident Indian remains taxable in India; DTAA relief works through a tax credit mechanism, not a blanket exemption from filing or reporting.
B — The Indian government refunds all foreign taxes in physical cash.
Foreign Tax Credit offsets the taxpayer's own Indian liability on the doubly taxed income; it is not disbursed to the taxpayer as a cash refund from the government.
C — Foreign income is taxed at double the standard rate in India.
DTAA relief exists specifically to prevent punitive double taxation through a credit mechanism, not to impose tax at double the normal domestic rate.
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