Form 10-EE Due Date: Claiming Relief Under Section 89A for Foreign Retirement Accounts

Taxpayers who have returned to India and hold certain foreign retirement benefit accounts may be able to defer Indian tax on the account income until withdrawal or redemption. For eligible taxpayers, Form No. 10-EE is an important compliance requirement for exercising this option under Section 89A of the Income-tax Act, 1961.

What Is Form 10-EE?

Section 89A addresses a timing mismatch that can arise when income from a foreign retirement account is taxable in India on an accrual basis, while the foreign country taxes it only when the amount is withdrawn or redeemed.

The Income-tax Department explains that Section 89A relief is available to a resident individual who, among other conditions:

• Holds a specified retirement benefit account in a notified country.
• Was a non-resident in India and resident in the notified country when the account was opened.
• Has income from the account that is taxed in the notified country only at withdrawal or redemption.

Form 10-EE Due Date for 2026

Under Rule 21AAA(5), introduced through CBDT Notification No. 24/2022 dated 4 April 2022, the option under Section 89A must be exercised electronically through Form No. 10-EE on or before the due date specified under Section 139(1) for furnishing the income-tax return.

For taxpayers whose applicable income-tax return due date is 31 August 2026, Form 10-EE is therefore due by:

• Due date: 31 August 2026
• Form: Form No. 10-EE
• Relevant provision: Section 89A read with Rule 21AAA
• Assessment Year: AY 2026-27, where applicable

The Income-tax Department's Budget 2026 FAQs confirm that the corresponding amendment to Section 139(1) of the 1961 Act applies to AY 2026-27, making 31 August 2026 the due date for specified non-audit business cases and trusts. Current tax-compliance trackers also list Form 10-EE for 31 August 2026 where the assessee's return is due on that date.

Which Countries Are Notified?

CBDT Notification No. 25/2022 dated 4 April 2022 notified the following countries for Section 89A:

• Canada
• United Kingdom of Great Britain and Northern Ireland
• United States of America

The notification was issued under Section 89A and came into force upon publication in the Official Gazette.

Important Points Before Filing

Rule 21AAA provides that:

• The option applies to all specified accounts maintained by the taxpayer.
• It covers eligible income accrued from 1 April 2021, as explained by the Income-tax Department.
• Once exercised, the option generally applies to subsequent previous years and cannot be withdrawn, subject to the specific provisions of Rule 21AAA.
• Form 10-EE is required to be furnished electronically using digital signature or electronic verification code.

Taxpayers should carefully reconcile foreign retirement-account statements, previous Indian tax filings and withdrawal details before exercising the option.

Conclusion

Eligible taxpayers with foreign retirement accounts should review their Section 89A position well before 31 August 2026. Timely and accurate filing of Form 10-EE can help ensure that the intended tax treatment is properly documented.