Law4u - Made in India

How Does The Tax Credit Mechanism Work In International Taxation?

Answer By law4u team

The tax credit mechanism in international taxation helps individuals and businesses avoid double taxation on income earned in multiple countries. Countries use this system to prevent excessive tax burdens on taxpayers and promote global trade and investment.

How the Tax Credit Mechanism Works

1. Concept of Double Taxation

A taxpayer earning income in Country A (source country) but residing in Country B (residence country) might be taxed twice—once in the source country and again in the residence country.

The tax credit mechanism helps reduce or eliminate this double taxation.

2. Foreign Tax Credit (FTC) System

If a taxpayer pays tax in a foreign country, they can claim a credit against their tax liability in their home country.

This credit is limited to the amount of tax that would have been payable in the residence country.

3. Types of Tax Relief

(a) Bilateral Relief (Under DTAA - Double Taxation Avoidance Agreement)

Countries sign DTAA agreements to determine how income is taxed and how tax credits are granted.

Methods: Exemption Method (income taxed in only one country) or Credit Method (foreign tax paid is credited).

(b) Unilateral Relief (Without DTAA)

If no DTAA exists, some countries offer unilateral relief, allowing tax credit based on domestic laws.

4. Example of Tax Credit Calculation

Case: An Indian resident earns $10,000 from the USA and pays $1,500 as tax in the USA.

In India, the tax liability on this income is $2,000.

The taxpayer can claim a foreign tax credit of $1,500, reducing their Indian tax liability to $500.

Legal Actions and Protections

Claim FTC under DTAA by filing the necessary Form 67 (in India) and providing proof of foreign tax paid.

Maintain documentation (tax returns, withholding tax certificates) for claiming credits.

Ensure correct tax residency to avoid disputes related to double taxation and tax credit eligibility.

Example

A software engineer residing in India works for a US company and earns income in both countries. Since both India and the US have a DTAA, the engineer can claim foreign tax credit for taxes paid in the US, reducing their total tax liability in India.

By understanding and utilizing the tax credit mechanism, taxpayers can minimize double taxation, comply with international tax laws, and optimize their global income taxation.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Dhiraj S Pawar

Advocate Dhiraj S Pawar

Anticipatory Bail, Banking & Finance, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Landlord & Tenant, NCLT, Property, R.T.I, RERA, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Nirmit A Dixit

Advocate Nirmit A Dixit

Cheque Bounce, Criminal, Cyber Crime, Divorce, Family, Anticipatory Bail, Domestic Violence, Recovery, High Court

Get Advice
Advocate Mohammad Rehan Iqbal

Advocate Mohammad Rehan Iqbal

Anticipatory Bail, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Labour & Service, Motor Accident, Muslim Law, Property

Get Advice
Advocate Ram asheesh

Advocate Ram asheesh

Ram asheesh is eligible to handle cases like Criminal, GST, Family, Motor Accident, Property, etc.

Get Advice
Advocate Kirtikumar Panchal

Advocate Kirtikumar Panchal

Anticipatory Bail,Banking & Finance,Cheque Bounce,Child Custody,Civil,Consumer Court,Court Marriage,Criminal,Divorce,Documentation,Domestic Violence,Family,Insurance,Labour & Service,Landlord & Tenant,Medical Negligence,Motor Accident,Property,R.T.I,Trademark & Copyright,Wills Trusts,

Get Advice
Advocate Sanjeev Jain

Advocate Sanjeev Jain

Banking & Finance,Cheque Bounce,Civil,Court Marriage,Criminal,Divorce,Family,High Court,Landlord & Tenant,Property,R.T.I,Succession Certificate,Wills Trusts,

Get Advice
Advocate Raman Sahu

Advocate Raman Sahu

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Sanjeev Kumar Chagti

Advocate Sanjeev Kumar Chagti

Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Divorce, Documentation, Domestic Violence, Family, Landlord & Tenant, Motor Accident, Property, R.T.I, Recovery, Succession Certificate, Wills Trusts, Revenue

Get Advice

Taxation Law Related Questions

Discover clear and detailed answers to common questions about Taxation Law. Learn about procedures and more in straightforward language.