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Foreign Tax Credit for H1B (Form 1116 Walkthrough)

If you have Indian rental, FD interest, or dividends, Form 1116 lets you offset US tax with Indian tax already paid.

📅 Updated April 29, 2026 ⏱️ 6 min read
✍️
VisaFold TeamCPA-Reviewed
Last updated: April 29, 2026
⚡ Quick Answer

The Foreign Tax Credit (FTC) lets you offset US tax dollar-for-dollar with taxes you've already paid to a foreign government on the same income. For H1B holders with Indian income (FD interest, rental income, Indian salary), this prevents double taxation.

What is the Foreign Tax Credit?

The Foreign Tax Credit (FTC) lets you offset US tax dollar-for-dollar with taxes you've already paid to a foreign government on the same income. For H1B holders with Indian income (FD interest, rental income, Indian salary), this prevents double taxation.

Filed on: IRS Form 1116

What Indian income qualifies?

Income TypeQualifies for FTC?Indian tax rate
Fixed Deposit (FD) interest✅ Yes30% TDS
Savings account interest (>₹10K)✅ Yes30% TDS
Rental income✅ Yes30% TDS
Capital gains on Indian stocks✅ Yes10-15%
Indian salary (if you still earn Indian income)✅ YesSlab rate

How Form 1116 works

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  1. Calculate the foreign income you received (convert to USD at average annual exchange rate)
  2. Identify the taxes paid in India (TDS deducted at source counts)
  3. Form 1116 computes: FTC = min(Indian taxes paid, US tax on that same income)
  4. This credit reduces your US tax liability directly
Example: You earned ₹5 lakh in Indian FD interest (≈$6,000 USD). India withheld 30% TDS = ₹1.5 lakh ($1,800). US tax on that $6,000 at your 22% bracket = $1,320. FTC = $1,320 (the lesser of $1,800 paid and $1,320 due). You owe $0 additional US tax on this income.

The DTAA advantage

India-US have a Double Tax Avoidance Agreement (DTAA). Under DTAA, certain types of income (like pensions, dividends) are only taxable in one country. Form 1116 uses the "resourcing" rules under DTAA to maximize your credit.

Common mistakes on Form 1116

Documents you need

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