Form 44 Income Tax Rules 2026 pdf download and Key points
FORM NO. 44
[See rule 76(10)]
Statement of income from a country or region outside India and Foreign Tax Credit
Under the Income-tax Rules, 2026, Form No. 44 (which replaces the erstwhile Form 67) is the statutory “Statement of income from a country or specified territory outside India and Foreign Tax Credit”. It is governed by Section 533(2)(q) of the Income-tax Act, 2025, and Rule 76 of the Income-tax Rules, 2026.
Here are all the key points regarding Form No. 44:
1. Purpose of the Form Form 44 is prescribed for taxpayers to claim a Foreign Tax Credit (FTC) on income earned outside India. It is also used to intimate the Income Tax Department regarding the carry backward of a loss of the current year, a revision of a return or similar statement, or any other reason resulting in a refund of foreign tax for which credit has already been claimed in any tax year.
2. Applicability (Who Should File) The form must be filed by a resident assessee who has foreign income and intends to claim credit for foreign tax paid outside India on such income.
3. Frequency and Due Dates
- Standard Due Date: Form 44 must be furnished within 12 months from the end of the relevant tax year in which the corresponding foreign income has been offered to tax in India, provided the return of income for that tax year has been furnished within the time specified under section 263(1) or 263(4) of the Income-tax Act, 2025.
- Updated Returns: If a return has been furnished under section 263(6)(a) (updated return), Form 44 relating to the income included in that updated return must be furnished on or before the date on which such return is furnished.
4. Structure of the Form Form 44 is divided into three distinct parts:
- Part A (Particulars of the person): Captures basic details such as Name, Address, PAN, Email ID, Contact Number, and Tax Year.
- Part B (Income Details): Captures detailed head-wise/source-wise income from a country or specified territory outside India which is offered/assessed to tax in India and on which FTC is claimed.
- Part C (Refund Details): Captures details regarding any refund of foreign tax by a foreign tax authority for which credit was already claimed in India.
5. Mode of Filing
- Electronic Filing Only: Form 44 is an electronic form and can only be filed online through the Income-tax e-filing portal using the assessee’s user ID and password. It cannot be filed offline.
6. Mandatory Documents and Attachments To successfully file Form 44, the following documents and evidence must be attached:
- A certificate or statement specifying the nature of income and the amount of tax deducted or paid, issued by the foreign tax authority, the person responsible for deduction, or signed by the assessee themselves.
- If the certificate is signed by the assessee, it must be accompanied by an acknowledgement of online payment, bank counter foil, or challan (if tax was paid by the assessee), or proof of deduction (if tax was deducted at source).
- A copy of the respective Double Taxation Avoidance Agreement (DTAA), wherever applicable.
- Details of any disputes regarding the foreign tax paid, and in the case of a refund, the reason for the refund, the exact amount, and the tax year(s) in which the credit was claimed.
7. Verification by an Accountant Form 44 must be formally verified by an accountant under the following conditions:
- Where the assessee is a company.
- In all other cases, where the amount of foreign tax paid outside India for a tax year equals or exceeds ₹1 lakh.