If you're earning income from outside India — or you're a foreign national working here — there's a real chance the same income is getting taxed twice. Once in India, once abroad. That's exactly what Sections 90, 90A, and 91 of the Income Tax Act, 1961 are designed to fix.
India has signed the Double Taxation Avoidance Agreement (DTAA) with more than 94 countries. For income from those countries, relief is available under Section 90 or 90A. For income from countries where no such agreement exists, Section 91 steps in. Each section covers a different scenario — and knowing which one applies to you can save a significant amount in tax.
One important update: under the Income Tax Act 2025, double taxation relief provisions have been moved to Section 159. But for FY 2025-26 (AY 2026-27), the old act still governs income earned up to 31st March 2026 — so Sections 90, 90A, and 91 remain the relevant reference for claims this year.
There are two broad types of relief offered under Indian tax law:
Bilateral Relief — This applies when India has signed a DTAA with the other country. Two methods are available under this type:
Unilateral Relief — When no DTAA exists between the two countries, the home country provides relief on its own. This is what Section 91 deals with.
The choice between bilateral and unilateral relief isn't yours to make freely — it depends entirely on whether a DTAA agreement is in place.
Section 90 kicks in when India has a DTAA with the country where the income originates. The whole point of this section is straightforward: no individual should pay income tax twice on the same earnings just because those earnings crossed a border.
Whether you're an Indian resident working abroad, or a foreign national earning income in India, Section 90 ensures both governments can't simultaneously tax the same income. Under the bilateral agreement, relief is provided either through a foreign tax credit or through exemption — one reduces your tax liability, the other eliminates it in one jurisdiction altogether.
Section 90A works on the same principle as Section 90 — but with one key difference. Here, the DTAA isn't between two governments. It's between two specified associations or institutional bodies — one in India, one in a foreign country.
If a recognised Indian organisation has signed a DTAA with a counterpart organisation abroad, taxpayers connected to those bodies can claim relief under Section 90A. The process mirrors Section 90 almost exactly, just with different signatories at the top.
Under Section 90A, tax relief is given as a credit — specifically, credit for tax paid in the foreign country, but only to the extent it exceeds the minimum tax payable in India. If you've paid more tax abroad than you'd owe in India on that same income, you get credit for that excess. Same mechanism as Section 90, different institutional framework.
Section 91 handles the situations Section 90 can't — cases where India has no DTAA with the country in question. India does have agreements with 94+ countries, but that still leaves a number of jurisdictions uncovered. For income earned from those countries, Section 91 provides unilateral relief.
The logic here is simple: since the individual is paying taxes in two countries without any bilateral arrangement, they're allowed to claim the lower of the two applicable tax rates as relief in India.
Say you paid 35% tax on income in a foreign country. But under the Indian tax brackets, that same income would attract only 25% tax. Under Section 91, you get 25% tax relief in India — because 25% is the lower rate between the two. You're not getting full relief of 35%; you're getting relief capped at whatever India would have charged.
This applies to both residents and non-residents from countries that haven't signed DTAA with India.
These two terms get mixed up often, and they're not the same thing.
Double Taxation Relief:
Double Taxation Avoidance:
Relief is the outcome. Avoidance is the mechanism that delivers it when a treaty is present.
Foreign tax credit is calculated separately for each source of income. The credit is always the lower of:
For currency conversion, the Telegraphic Transfer Buying Rate (TTBR) on the last day of the month immediately before the month in which the foreign tax was paid is used.
Here's the step-by-step method:
Example: Mr. A, an Indian resident, earned Rs. 2,00,000 in India and the equivalent of Rs. 3,00,000 from the USA (with Rs. 20,000 already paid as tax in the US).
The calculation here is more direct:
Example: Mr. X has Rs. 2,00,000 of doubly taxed foreign income. India's applicable tax rate is 30%; the foreign country's rate was 20%.
Mr. X gets Rs. 40,000 as tax relief — not the full Rs. 60,000 he paid in India.
Not disclosing foreign income is treated seriously under Indian tax law. The penalties are structured and can be substantial:
Default in tax payment: The penalty is determined by tax authorities but cannot exceed the amount of tax payable.
Under-reporting of income: A penalty of 50% of the tax payable on the under-reported amount. This is calculated on the gap between what you declared and what the authorities determine.
Failure to maintain proper books and documents: Rs. 25,000 generally. Where international transactions are involved, 2% of the value of those transactions.
Fake or fabricated documents: If tax authorities find counterfeit invoices, fabricated evidence, invoices without actual supply, or transactions from non-existent entities — a penalty equal to the total value of such false or omitted entries can be levied. This one has no ceiling.
Not filing your Income Tax Return: A flat penalty of Rs. 5,000.
The message is clear — if you have foreign income, declare it accurately and file on time.
Sections 90, 90A, and 91 together make sure that earning income from across borders doesn't automatically mean paying tax twice on it. Whether relief comes through bilateral DTAA arrangements or through India's unilateral provisions under Section 91, the intent is the same — one income, one tax. Both tax credit and exemption are available depending on which section applies to your situation, and the calculation methods are well-defined. Get the numbers right, file Form 10F if you're a non-resident claiming DTAA benefits, and make sure every foreign income source is disclosed.
A: Section 90 applies when India has a DTAA with the country where you earned income — it offers relief through either the exemption or credit method under a bilateral agreement. Section 91 applies when no DTAA exists — in that case, India provides unilateral relief, and the relief is capped at the lower of the Indian or foreign tax rate on the doubly taxed income.
A: To claim foreign tax credit under Section 90, calculate your total global income, apply the average Indian tax rate to your foreign income, and compare it with the actual tax paid abroad. The lower of the two is your relief. Non-residents must also file Form 10F and provide a Tax Residency Certificate (TRC) from the foreign country to support the claim.
A: Yes. Section 91 of the Income Tax Act specifically covers this situation. Even without a DTAA, you can claim unilateral relief in India — the relief will be equal to the lower of the Indian tax rate and the foreign tax rate applied to the doubly taxed income.
A: Form 10F is a declaration form that non-residents must file when claiming tax relief under DTAA provisions (Section 90 or 90A). It provides essential information to the Indian tax authorities — including the taxpayer's residential status, the country of tax residency, and tax identification details — and must be accompanied by a valid Tax Residency Certificate from the foreign country.
A: Non-disclosure of foreign income can attract multiple penalties — 50% of tax on under-reported income, Rs. 25,000 for failure to maintain documents (or 2% of international transaction value if cross-border dealings are involved), and up to the full tax amount for default in payment. If fabricated invoices or fake documents are found, the penalty can match the entire value of those false entries.
A: Under the exemption method, income is taxed in only one of the two countries — the other gives a full exemption. Under the credit method, both countries can tax the income, but the country of residence gives a credit for the tax already paid in the source country. India generally applies the credit method, though the exact approach depends on what the specific DTAA with a particular country specifies.
A: Section 90A applies to taxpayers affiliated with specified associations or institutional bodies that have signed DTAA agreements with corresponding organisations in a foreign country. It follows the same process as Section 90, but the agreement is between two organisations rather than two governments. Only tax credit — not exemption — is available under Section 90A.
A: Yes. NRIs who earn income in India can claim double taxation relief under Section 90 if their home country has a DTAA with India. The specific relief — whether through credit or exemption — depends on the terms of that particular bilateral agreement. Where no DTAA exists, they may be able to claim unilateral relief under Section 91 depending on their residential status and the nature of the income.
A: TTBR stands for Telegraphic Transfer Buying Rate. When calculating foreign tax credit, the tax paid abroad in foreign currency needs to be converted to Indian rupees. The TTBR on the last day of the month preceding the month in which foreign tax was paid is used for this conversion. Using the wrong rate can affect the credit calculation and lead to discrepancies during assessment.
A: Under the Income Tax Act 2025, double taxation relief provisions have been consolidated under Section 159. However, for FY 2025-26 (AY 2026-27), the old Income Tax Act 1961 continues to apply for income earned up to 31st March 2026 — which means Sections 90, 90A, and 91 remain the operative sections for this assessment year.
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