The US will bring the same salary into its own computation, because a US person is taxed on income wherever it arises, and then relieve the Indian tax by credit. So it is taxed twice in the arithmetic and, done properly, once in cash. The step people skip is in between. Tax deducted at source in India is a payment on account, not your Indian liability. Your Indian return establishes the liability, and the credit claimed in the US should be measured against that liability, not against whatever your employer happened to deduct.
Which country taxes me first, US or India?
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US persons with Indian income reconcile Indian deduction against Indian liability and claim a US credit across mismatched years; returning Indians work the same machinery with the transitional residency window in play. One country taxes at source and the other gives credit, and getting that order wrong is what produces double taxation on paper.
Which country goes first
US persons with Indian income reconcile Indian deduction against Indian liability and claim a US credit across mismatched years; returning Indians work the same machinery with the transitional residency window in play.

The carve-out
The largest professional-migration corridor in the world, and one where US citizenship-based taxation collides with India's April-to-March year and its deduction at source.
Your next step
The full treatment — who it binds, the deadline, the penalty and the fixed fee — is on US ↔ India cross-border tax. Bring last year's returns and we will tell you what is missing.
Read and approved for the 2025 and 2026 filing seasons by Udit Gupta, International Tax, Cross-Border Tax & Transfer Pricing Expert, Legal Quotient Consultants. Written as general guidance, not as a recommendation for your situation. Talk it through with us before acting on it.
Cross-border situations we are engaged for
Salary deduction reconciled to an assessed Indian liability before a US credit
A client had claimed the tax shown as deducted on employment documents as a US credit for several years. Deduction at source is provisional, and in two of those years the Indian assessment came out lower and a refund was due, so part of the credit had never been a tax he bore. We prepared the Indian returns, established the liability for each year, and rebuilt the US credit on the assessed figures. The engagement produced corrected US claims, an Indian refund position, and a reconciliation each year can now be checked against.
Read how this one runsAn Indian fiscal year apportioned across two US calendar years
Employment income covering an April to March period had been reported wholesale in a single US year because that was the only summary the employer issued. We obtained monthly payslips and bank credits, allocated earnings to the periods in which they arose, split the tax deducted on the same basis, and placed each part in the US year it belonged to. The engagement produced two amended US years in which income and the credit for the tax on it finally sat together, and a method the client applies to each subsequent year.
Read how this one runsA returning professional's Indian residency window mapped against a US obligation
A client returning to India after years abroad wanted to know what changed and what did not. We set out the transitional residency position available on return and the period for which it runs, identified which of his income streams it touched, and confirmed that the US filing obligation continued regardless of the move. The engagement produced a written timetable of both positions running side by side, the filings required in each year, and the decisions that had to be taken while the transitional window was still open.
Read how this one runsDeduction at source on Indian deposits traced to the right US year
Interest on Indian deposits had been credited and taxed at source over several years, with certificates issued on the Indian year and a US return prepared on the calendar year. We reconstructed the interest credit by credit, matched the tax deducted to the interest it related to, and moved each amount into the US year in which it was earned. The engagement produced consistent interest reporting across both systems and credits that line up with the income, together with a corrected Indian position where too much had been deducted.
Read how this one runsAn Indian refund that reopened a credit already claimed in the US
An Indian assessment concluded some time after the US return was filed and produced a refund of tax that had been claimed in full as a US credit. Tax refunded is not tax borne, so the earlier claim no longer held. We quantified the refund, identified the US years affected, and revised the claims, explaining the change rather than leaving it to be found. The engagement produced amended US filings consistent with the settled Indian position and a practice of holding the credit open until the Indian assessment is final.
Read how this one runsA bonus paid after departure placed in one country's year
A bonus for work performed in India was received after the client had left, with Indian tax deducted on payment. Two questions had to be separated: where the income was earned, which decides how it is taxed and relieved, and when it was received, which decides the year it falls in. We traced the award period, the payment date and the deduction, and settled both filings on the same facts. The engagement produced a documented position on source and timing that survived questions from each side.
Read how this one runsA US Citizen Settled in India, Filing on Both Sides
Residence in India and citizenship in the United States produce two annual returns for one income. The order decides the credit, and the Indian financial year and the US calendar year have to be reconciled before either is prepared.
Read how this one runsA Company Abroad Owned by a US Person
A business incorporated where the owner lives is a foreign corporation to the IRS, with a reporting package of its own and schedules that need local accounts restated. Classification comes first, because it decides what is reportable and when profits are taxed.
Read how this one runsAll case studies — every published engagement in one place.
Core International & Cross-Border Tax Services
Strategy and compliance for income, assets and families spread across borders.
Industries & Client Types We Serve Worldwide
Cross-border tax for sellers shipping worldwide: marketplace withholding, foreign registrations and inventory nexus handled before they become audits.
Marketplaces withhold, remit and report in their own right, so the tax position of a single sale is decided by where the stock sat, where the buyer was and which platform collected — not by where the company is registered. We reconcile the platform's own filings against the returns before either is submitted.
- Foreign VAT / GST / sales tax registrations
- Marketplace withholding reviews
- Inventory nexus & PE analysis
- Multi-currency books reconciled
- Cross-border revenue sourcing & withholding
- IP structuring with real substance
- Equity for cross-border teams
- U.S. expansion: entity & PE setup
- Reg 105 / 102 waivers
- Permanent establishment risk
- Partner mobility planning
- Cross-border withholding recovery
- Section 216 rental returns
- FIRPTA withholding recovery
- Section 116 clearance
- Treaty credit optimization
- Transfer pricing documentation (s.247)
- Customs value vs transfer price
- Foreign affiliate reporting (T1134)
- Country-by-country reporting
- Reg 105 & U.S. CWA agreements
- Multi-state & country calendars
- Touring income allocation
- Royalty & image-rights withholding
- Residency analysis before moving
- Employer payroll exposure
- Totalization & social security
- Foreign tax credits
- Treaty access & PPT reviews
- FAPI & surplus computations
- Withholding-efficient routing
- Governance & substance
What people ask us about US and India
The US reports on a calendar year and India runs April to March, so one Indian year falls into two US years and no single figure from an Indian document drops straight onto a US return. The income has to be apportioned to the periods it was actually earned in, and the tax has to follow the same split, otherwise the credit sits in a different year from the income it relates to. This is arithmetic rather than judgement, but it has to be done from payslips and statements for each month, not from an annual summary.
Creditable in principle, but the amount deducted is not automatically the amount you can claim. Deduction at source is provisional: it can exceed your actual Indian liability, in which case the excess is refundable in India and is not a foreign tax you ultimately bore, or it can fall short, in which case more is payable there. Either way the credit should follow the settled Indian position. That is why the Indian return is prepared, and ideally assessed, before the US credit is finalised, and why an Indian refund later reopens the US claim.
As a general matter of sequencing, yes, because the US credit depends on the Indian liability and not the other way round. Where the deadlines will not allow it, the US return is filed on the figures then available and revisited once the Indian position is settled, which should be a deliberate decision recorded on the file rather than something discovered two years later. The years do not line up either, so sequencing means matching periods as well as ordering filings: an Indian year settled late affects two US years, not one.
Not on the strength of the move. US taxation follows the person, so citizenship or long-term status keeps the filing obligation alive after you have left, and after Indian tax starts applying to the same income. What changes is on the Indian side, where a transitional residency position applies to people returning after a period abroad and affects how your foreign income is treated there while it lasts. The two systems then run in parallel: an Indian return, a US return, and a credit reconciling them. The transitional window is worth planning around before the flight, not after.
You claim the difference back through your Indian return, and the important consequence is on the US side. A credit is for foreign tax you were liable to pay, so tax that comes back to you as a refund is not creditable, even though it was genuinely deducted from your pay or your interest. If a US credit has already been claimed on the gross deduction, it has to be revisited once the refund is known. Keeping the two filings in step is the whole exercise in this corridor, and the refund is the most common thing that knocks them out of step.
The exemption is an Indian one, and it does not travel. Your new country of residence taxes worldwide income under its own rules, and several — the United States in particular — may treat the annual growth in a foreign retirement or savings plan as currently taxable and separately reportable, whether or not you withdrew anything. So an account that is genuinely tax-free in India can be a taxable, reportable asset where you now live. See Indian pensions received abroad.
With a tax residency certificate issued by the country you are resident in, plus Form 10F giving the details the certificate does not carry, plus a PAN in the payer's records. The certificate has to cover the period of the payment, and the payer needs it before paying, not afterwards. Missing any of the three and the deductor is obliged to withhold at the domestic rate, which turns a rate reduction into a refund claim. See TRC against Form 10F.



