Form 45 Income Tax Rules 2026 pdf download and Key points
FORM NO. 45
[See rule 76(15)]
Intimation of settlement of dispute regarding foreign tax for which credit has not been claimed
Under the Income-tax Rules, 2026, Form No. 45 is a newly introduced form that had no equivalent under the old 1961 Act. It is governed by Section 533(2)(q) and Section 288(1) [Table: Sr. No. 7] of the Income-tax Act, 2025, along with Rule 76 (specifically sub-rules 6, 15, and 17) of the Income-tax Rules, 2026.
Here are all the key points regarding Form No. 45:
1. Purpose of the Form Form 45 serves as the official intimation of the settlement of a dispute regarding foreign tax for which a tax credit was not previously claimed. It is introduced to simplify the procedure and provide a structured, transparent, and smart filing system for claiming Foreign Tax Credit (FTC) after a dispute is resolved.
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, provided that this credit was not claimed in their previously filed Form No. 44 for a particular tax year because the foreign tax was under dispute. Once the dispute is settled, the assessee files Form 45 to intimate the Department and officially claim the credit.
3. Mandatory Requirement Yes, filing Form 45 is mandatory for a resident assessee seeking to claim the foreign tax credit under these specific dispute-settlement circumstances.
4. Due Date Form 45 must be filed within six months from the end of the month in which the foreign tax dispute is settled.
5. Structure and Contents of the Form The form is designed to capture details linking the resolved dispute to the taxpayer’s prior filings:
- Part A (Particulars of the Person): Captures the assessee’s Name, Address, Permanent Account Number (PAN), and the Relevant Tax Year. Crucially, it requires the Acknowledgement Number of the previously filed Form No. 44 and the exact Date of settlement of the dispute.
- Intimation Details: Captures the Intimation Number, the Acknowledgement Number of the Intimation, and the foreign tax credit claimed.
- Dispute and DTAA Details: Captures the amount of foreign tax credit that was under dispute, the Article Number and Rate of tax as per the applicable Double Taxation Avoidance Agreement (DTAA), and the final computation of the total foreign tax credit claimed.
Form 45 Income Tax Rules 2026 pdf download
Form No.45– Frequently Asked Questions