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 Pawan Gahlyan

Advocate Pawan Gahlyan

Anticipatory Bail, Bankruptcy & Insolvency, Cheque Bounce, Child Custody, Consumer Court, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Landlord & Tenant, Medical Negligence, Motor Accident, Property, Recovery, RERA, High Court, Immigration, Insurance, Civil

Get Advice
Advocate Amit Kumar Upadhyay

Advocate Amit Kumar Upadhyay

Anticipatory Bail, Arbitration, Breach of Contract, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Documentation, Divorce, GST, Family, High Court, Labour & Service, Domestic Violence, Medical Negligence, Motor Accident, Muslim Law, Landlord & Tenant, Property, R.T.I, Recovery, RERA, Succession Certificate, Revenue, Wills Trusts

Get Advice
Advocate Gayathri R

Advocate Gayathri R

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Patent, Property, R.T.I, Recovery, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Kartik Sharma

Advocate Kartik Sharma

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, International Law, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Succession Certificate, Supreme Court, Tax, Wills Trusts

Get Advice
Advocate Mukesh Babu Sharma

Advocate Mukesh Babu Sharma

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Corporate, Customs & Central Excise, Criminal, GST, High Court, Labour & Service, Medical Negligence, NCLT, Patent, R.T.I, Recovery, RERA, Tax, Trademark & Copyright

Get Advice
Advocate Manish Kumar Garg

Advocate Manish Kumar Garg

Civil, Criminal, Cheque Bounce, R.T.I, Revenue, Anticipatory Bail, Banking & Finance

Get Advice
Advocate Swapnil D Honmane

Advocate Swapnil D Honmane

Criminal, Civil, Cheque Bounce, High Court, Divorce, Property

Get Advice
Advocate Durgesh Kumar Tiwari

Advocate Durgesh Kumar Tiwari

Anticipatory Bail, Banking & Finance, Breach of Contract, Civil, Court Marriage, Cyber Crime, Divorce, Criminal, Domestic Violence, Family, Muslim Law, Property, Revenue, Succession Certificate, Trademark & Copyright, Supreme Court, Medical Negligence, Media and Entertainment, Landlord & Tenant, Labour & Service, Consumer Court, Cheque Bounce, Child Custody

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.