Published Aug 13, 2025 4 Min Read

Introduction

Navigating tax obligations can be complex, especially for Indian residents with foreign retirement funds. Think saving on foreign income taxes is overly complicated? It is simpler than you think with Section 89A of Income Tax Act. This provision offers much-needed tax relief, ensuring that taxpayers are not doubly taxed on their foreign retirement savings.

In this article, we will explore everything you need to know about Section 89A, from eligibility to benefits, and how to claim tax relief seamlessly.

What is Section 89A of Income Tax Act?

Section 89A of Income Tax Act was introduced to address the dual taxation issues faced by Indian residents holding foreign retirement accounts. Without this provision, individuals often faced taxation both in the country where the retirement account is maintained and in India upon withdrawal.

For instance, if an Indian resident invests in a US-based 401(k) plan, the withdrawals may be taxed in the US and again in India. Section 89A ensures that such individuals are not unfairly taxed twice. It allows taxpayers to claim relief by aligning the taxation period in India with the foreign jurisdiction, thereby mitigating the financial burden.

Tax implications may vary depending on individual circumstances.

Who is Eligible for Tax Relief Under Section 89A?

To claim relief under Section 89A, you must meet specific eligibility criteria:

  • Indian Residents with Foreign Retirement Accounts: This provision applies to individuals who are Indian tax residents but hold retirement accounts in foreign jurisdictions.
  • Accounts Taxed in Multiple Jurisdictions: If your foreign retirement account is subject to taxation in both the source country and India, you are eligible to claim relief under Section 89A.

It is crucial to note that this provision does not apply to non-residents. The relief is specifically designed for Indian residents facing dual taxation on their foreign retirement savings.

Investments in securities markets are subject to market risks. Please read all scheme-related documents carefully before investing.

Income Tax Implications Before and After Section 89A

Before Section 89A

Individuals with foreign retirement accounts faced dual taxation challenges. Withdrawals were taxed in the source country and in India, leading to a higher tax burden.

After Section 89A

Section 89A resolves this issue by synchronising the taxation periods. This ensures that withdrawals are either taxed in the foreign jurisdiction or in India, but not in both simultaneously. As a result, taxpayers can avoid unnecessary financial strain and comply with tax obligations more effectively.

This provision simplifies tax compliance and offers significant monetary relief for Indian residents with foreign retirement funds.

Understanding Foreign Retirement Accounts Covered under Section 89A

Section 89A applies to specific types of foreign retirement accounts, such as:

  • US 401(k) Plans: Employer-sponsored retirement accounts in the United States.
  • UK Pension Schemes: Retirement savings plans governed by UK laws.
  • Other Foreign Retirement Accounts: Includes accounts in countries where retirement savings are taxed upon withdrawal.

The primary challenge with these accounts is the mismatch in taxation periods between India and the foreign jurisdiction. Section 89A bridges this gap, ensuring that taxpayers are not unfairly taxed.

Bajaj Broking does not provide investment advisory services.

Rule 21AAA and Form 10-EE: How to Claim Relief Under Section 89A Step-by-step Guide

What is Rule 21AAA?

Rule 21AAA governs the implementation of Section 89A. It provides guidelines for claiming relief, ensuring that taxpayers can align the taxation periods of their foreign retirement accounts.

Importance of Form 10-EE

Form 10-EE is a mandatory document for claiming relief under Section 89A. Taxpayers must submit this form along with their Income Tax Return (ITR) to avail the benefits.

Filing process (step-by-step)

  1. Determine Eligibility: Ensure that your foreign retirement account qualifies under Section 89A.
  2. Complete Form 10-EE: Accurately fill out the form with details of your foreign retirement account.
  3. Submit with ITR: Attach Form 10-EE while filing your ITR.
  4. Meet Deadlines: Ensure that your filing is completed within the prescribed timelines to avoid penalties.

Deadlines and time limits

Taxpayers must adhere to the deadlines specified by the Income Tax Department for filing their ITR and submitting Form 10-EE. Missing these deadlines can result in the denial of relief.

Tax implications may vary depending on individual circumstances.

Amendments in Income Tax Return (ITR) Forms for Section 89A

Recent amendments in ITR forms have made it easier for taxpayers to claim relief under Section 89A. These updates include dedicated fields for reporting foreign retirement accounts and claiming tax relief.

Taxpayers must ensure that they use the latest ITR forms and accurately report their foreign retirement income. This simplifies the filing process and ensures compliance with Indian tax laws.

Benefits of Section 89A for Indian Tax Residents

Section 89A offers several benefits for Indian tax residents, including:

  • Tax Relief: Eliminates the burden of dual taxation on foreign retirement accounts.
  • Simplified Compliance: Aligns taxation periods, making it easier to comply with tax laws.
  • Financial Savings: Reduces the overall tax liability, allowing taxpayers to retain more of their retirement savings.

By addressing dual taxation challenges, Section 89A ensures that Indian residents can manage their foreign retirement funds without unnecessary financial strain.

Common Challenges and How Section 89A Addresses Them

Challenges

  • Dual Taxation: Taxpayers often face taxation in both the source country and India.
  • Complex Filing Processes: Navigating international tax laws can be daunting.
  • Mismatched Taxation Periods: Differences in taxation timelines create compliance issues.

Solutions Offered by Section 89A

  • Tax Alignment: Synchronises taxation periods to prevent dual taxation.
  • Simplified Filing: Provides clear guidelines and forms like Form 10-EE for claiming relief.
  • Financial Relief: Reduces the tax burden, ensuring fair treatment of foreign retirement income.

Section 89A is a significant step towards simplifying tax compliance for Indian residents with global financial interests.

Conclusion

Section 89A of Income Tax Act is a game-changer for Indian residents with foreign retirement accounts. By addressing dual taxation issues, it ensures that taxpayers can manage their finances more effectively and comply with tax laws seamlessly.

Investments in securities markets are subject to market risks. Please read all scheme-related documents carefully before investing.

Frequently Asked Questions

Can non-residents claim relief under Section 89A?

No, Section 89A is specifically designed for Indian tax residents with foreign retirement accounts. Non-residents are not eligible for this relief.

What types of foreign retirement accounts qualify for Section 89A?

Section 89A applies to accounts such as US 401(k) plans, UK pension schemes, and other foreign retirement accounts taxed in both the source country and India.

What happens if I change residential status after filing for Section 89A?

If your residential status changes after filing, the tax implications may vary. It is advisable to consult a tax professional to understand how the change in status affects your eligibility for relief under Section 89A.

Show More Show Less

Bajaj Finserv App for all your financial needs and goals

Trusted by 50 million+ customers in India, Bajaj Finserv App is a one-stop solution for all your financial needs and goals.

You can use the Bajaj Finserv App to:

Apply for loans online, such as Instant Personal Loan, Home Loan, Business Loan, Gold Loan, and more.

  • Explore and apply for co-branded credit cards online.
  • Invest in fixed deposits and mutual funds on the app.
  • Choose from multiple insurance for your health, motor and even pocket insurance, from various insurance providers.
  • Pay and manage your bills and recharges using the BBPS platform. Use Bajaj Pay and Bajaj Wallet for quick and simple money transfers and transactions.
  • Apply for Insta EMI Card and get a pre-approved limit on the app. Explore over 1 million products on the app that can be purchased from a partner store on Easy EMIs.
  • Shop from over 100+ brand partners that offer a diverse range of products and services.
  • Use specialised tools like EMI calculators, SIP Calculators
  • Check your credit score, download loan statements, and even get quick customer support—all on the app.

Download the Bajaj Finserv App today and experience the convenience of managing your finances on one app.

Standard Disclaimer

Investments in the securities market are subject to market risk, read all related documents carefully before investing.

Research Disclaimer

Broking services offered by Bajaj Financial Securities Limited (Bajaj Broking) | REG OFFICE: Bajaj Auto Limited Complex, Mumbai –Pune Road Akurdi Pune 411035. Corp. Office: Bajaj Broking., 1st Floor, Mantri IT Park, Tower B, Unit No 9 &10, Viman Nagar, Pune, Maharashtra 411014. SEBI Registration No.: INZ000218931 | BSE Cash/F&O/CDS (Member ID:6706) | NSE Cash/F&O/CDS (Member ID: 90177) | DP registration No: IN-DP-418-2019 | CDSL DP No.: 12088600 | NSDL DP No. IN304300 | AMFI Registration No.: ARN –163403.

Website: https://www.bajajbroking.in/

Research Services are offered by Bajaj Financial Securities Limited as Research Analyst under SEBI Registration No.: INH000010043.

Details of Compliance Officer: Mr. Harinatha Reddy Muthumula (For Broking/DP/Research) | Email: compliance_sec@bajajfinserv.in/Compliance_dp@bajajfinserv.in | Contact No.: 020-4857 4486 | This content is for educational purpose only.

Investment in the securities involves risks, investor should consult his own advisors/consultant to determine the merits and risks of investment.

Disclaimer

1. Bajaj Finance Limited (“BFL”) is a Non-Banking Finance Company (NBFC) and Prepaid Payment Instrument Issuer offering financial services viz., loans, deposits, Bajaj Pay Wallet, Bajaj Pay UPI, bill payments and third-party wealth management products. The details mentioned in the respective product/ service document shall prevail in case of any inconsistency with respect to the information referring to BFL products and services on this page.

2. All other information, such as, the images, facts, statistics etc. (“information”) that are in addition to the details mentioned in the BFL’s product/ service document and which are being displayed on this page only depicts the summary of the information sourced from the public domain. The said information is neither owned by BFL nor it is to the exclusive knowledge of BFL. There may be inadvertent inaccuracies or typographical errors or delays in updating the said information. Hence, users are advised to independently exercise diligence by verifying complete information, including by consulting experts, if any. Users shall be the sole owner of the decision taken, if any, about suitability of the same.