About the FITO limit
You claim the FITO in your tax return. First check if the amount you claim is subject to the offset limit.
As a non-refundable tax offset, the FITO reduces your income tax payable (including Medicare levy and Medicare levy surcharge).
Under the tax offset ordering rules, the FITO is applied after all other non-refundable tax and non-transferable offsets. Once your tax payable has been reduced to nil, any unused FITO isn't refunded to you and can't be carried forward to later income years.
FITO up to $1000
To claim a FITO of up to $1,000, you only need to record the actual amount of foreign income tax paid that counts towards the offset (up to $1,000).
FITO more than $1000
If you're claiming a FITO of more than $1,000, you have to work out your offset limit. This may result in your tax offset being reduced to the limit. Any foreign income tax paid in excess of the limit isn't available to be carried forward to a later income year and can't be refunded to you.
Joint Petroleum Development Area income and FITO
For Australian resident individuals with Joint Petroleum Development Area (JPDA) income, the FITO for an employee is the lesser of:
- Australian tax payable on the net assessable JPDA income (JPDA income less allowable deductions relating to that income)
- Timor-Leste tax paid on JPDA employment income.
The offset limit doesn't apply to this income.
If you paid foreign income tax after the year in which the related income or gains have been included in your assessable income, you may amend your assessment for that year to claim the offset.
Claiming your FITO
You claim the FITO in your income tax return. For help completing that part of the income tax return, see:
- Individuals – Individual supplementary tax return instructions 2026
- Companies – Company tax return 2026 instructions
- Partnerships – Partnership tax return 2026 instructions
- Trusts – Trust tax return 2026 instructions
- Funds – Fund income tax return 2026 instructions
Before you calculate your net income, you must convert all foreign income, deductions and foreign tax paid to Australian dollars.
How to calculate your offset limit
If you're claiming a FITO of more than $1,000, you must first work out your offset limit. See Example 16: offset limit. The offset limit is based on a comparison between your tax liability and the tax liability you would have if certain foreign-taxed and foreign-sourced income and related deductions were disregarded.
Step 1: Work out your income tax payable
Work out the income tax payable by you (including Medicare levy and Medicare levy surcharge) for 2025–26, excluding penalties and interest and disregarding any tax offsets.
Step 2: Work out your income tax payable disregarding certain foreign income and related deductions
Work out the income tax that would be payable by you (including Medicare levy and Medicare levy surcharge) excluding penalties and interest and disregarding any tax offsets, if the following assumptions were made:
- Your assessable income didn't include
- any amount on which foreign income tax has been paid that counts towards your FITO
- any other income or gains from a non-Australian source.
- You weren't entitled to the following deductions (where such deductions are actually allowable)
- debt deductions attributable to your overseas permanent establishment
- any deductions other than debt deductions, that are reasonably related to the assessable income amounts within the above dot point
For example: If an entity has paid foreign income tax on a capital gain that comprises part of its net capital gain, only the capital gain on which foreign income tax has been paid is disregarded (for this step).
For the purpose of this step, where deductions relate exclusively to the disregarded income amounts, you should assume that you weren't entitled to the deductions.
Whether a deduction is reasonably related to the disregarded assessable income amounts will be a question of fact depending on the circumstances of the taxpayer. The meaning of ‘reasonably related to’ is broad and it includes a relationship that may either be direct or indirect, provided that the relationship consists of a real connection. However, a merely remote relationship is insufficient.
Where deductions relate to both disregarded income amounts and other assessable income (as would typically be the case with head office and general administration expenses) you must apportion the deductions on a reasonable basis.
Allowable deductions for items such as gifts, contributions, superannuation and tax agent’s fees aren't considered to be reasonably related to any amount on which foreign income tax has been paid or other non-Australian source income.
Where foreign income is subject to averaging (for example, where the special professional income rules or primary production income rules apply) only the foreign income for the current year is excluded at this step. It's not necessary to separate the Australian and foreign amounts for prior years.
Step 3: Work out the offset limit
Subtract the result of step 2 from step 1. If the result is greater than $1,000, this is your offset limit.
Example 16: offset limit
Anna, an Australian-resident taxpayer for the year ended 30 June 2026, has income and expenses and pays foreign income tax for the income year as follows:
|
Income and deductions |
Amount |
|---|---|
|
Employment income from Australia |
A$22,000 |
|
Employment income from United States |
A$6,000 |
|
Employment income from United Kingdom |
A$4,000 |
|
Rental income from United Kingdom |
A$1,000 |
|
Dividend income from United Kingdom |
A$600 |
|
Interest income from United Kingdom |
A$400 |
|
Total assessable income |
A$34,000 |
|
Expenses incurred in deriving employment income from Australia |
A$2,000 |
|
Expenses incurred in deriving employment income from United States |
A$450 |
|
Expenses incurred in deriving rental income from United Kingdom |
A$250 |
|
Interest (debt deduction) incurred in deriving dividend income from United Kingdom |
A$70 |
|
Expenses (debt deduction) incurred in deriving interest income from United Kingdom |
A$30 |
|
Gift to deductible gift recipient |
A$70 |
|
Total allowable deductions |
A$2,870 |
|
Taxable income |
A$31,130 |
|
Tax paid |
Amount |
|---|---|
|
Employment income from United States |
A$1,800 |
|
Employment income from United Kingdom |
A$1,200 |
|
Dividend income from United Kingdom |
A$60 |
|
Interest income from United Kingdom |
A$40 |
|
Rental income from United Kingdom |
A$300 |
|
Total foreign income tax paid |
A$3,400 |
Anna calculates her offset limit as follows:
Step 1: Work out the tax payable on her taxable income
- Tax on $31,130: $2,459.60 (includes Medicare levy)
Step 2: Work out the tax that would be payable if:
(a) Her assessable income doesn't include any of the amounts of foreign income (as shown in the table).
|
Income |
Amount |
|---|---|
|
Employment income from United States |
A$6,000 |
|
Employment income from United Kingdom |
A$4,000 |
|
Rental income from United Kingdom |
A$1,000 |
|
Dividend income from United Kingdom |
A$600 |
|
Interest income from United Kingdom |
A$400 |
|
Total |
A$12,000 |
(b) Certain expenses are disregarded. These are:
- expenses that relate to amounts included in her assessable income on which foreign income tax has been paid, provided that tax counts towards her FITO
- expenses relating to other non-Australian amounts that are part of her assessable income.
Debt deductions are not disregarded unless they are attributable to an overseas permanent establishment.
|
Type of expense incurred |
Amount |
|---|---|
|
Expenses incurred in deriving employment income from United States |
A$450 |
|
Expenses incurred in deriving rental income from United Kingdom |
A$250 |
|
Total expenses |
A$700 |
Note: The debt deductions of $100 ($70 + $30) that relate to the United Kingdom dividend and interest income aren't disregarded, as Anna doesn't have an overseas permanent establishment. Nor is the deduction of $70 for the gift to a deductible gift recipient disregarded, as it doesn't reasonably relate to the excluded assessable income amounts at step 2(a).
|
Taxable income calculation |
Amount |
|---|---|
|
Total assessable income (disregarding step 2(a) amount) |
A$22,000 |
|
Less allowable deduction (disregarding step 2(b) amount) |
A$2,170 |
|
Taxable income under step 2 assumptions: |
A$19,830 |
Tax on $19,830: $260.80
As $19,830 is below the Medicare low income threshold, the Medicare levy isn't applied.
Step 3: Subtract the result of step 2 from step 1
- $2,459.60 − $260.80 = $2,198.80
This is Anna’s offset limit. Although she has paid foreign income tax of $3,400, her FITO is limited to $2,198.80.
The difference between the foreign income tax that Anna has paid and the offset limit can't be refunded or carried forward to a future income year.
End of exampleOffset limit with deferred non-commercial business losses
If a current year foreign business loss is required to be deferred because of the non-commercial business loss rules, then step 2 in the offset limit calculation needs to be adjusted for the amount of any foreign business loss that's deferred. This is done before working out the amount of foreign income and expenses to be disregarded.
To be eligible for the FITO where you have a net foreign business loss, there must be other foreign income included in assessable income on which foreign income tax has been paid.
To work out the amount of foreign income and expenses to disregard at step 2:
- add back the foreign component of the current year deferred non-commercial business loss to the net foreign income amount
- subtract the net foreign income from taxable income.
If the net foreign amount is zero or negative after adding back the deferred foreign loss component, then the FITO amount will be the lower of the foreign income tax paid or the default offset limit amount of $1,000.
Example 17: offset limit – deferred non-commercial business losses
Assume for the year ended 30 June 2026 that Karen has:
- an Australian salary of $60,000
- a $7,000 business loss made up of
- $4,000 Australian loss
- $3,000 foreign loss.
Also assume that the current year loss is required to be deferred as it doesn't meet one of the 4 non-commercial business loss tests.
There is also $20,000 of other foreign income on which foreign income tax of $2,000 has been paid. The net foreign income is:
($20,000 − $3,000) = $17,000
Add the foreign component of deferred loss back to the net foreign income and then subtract the adjusted net foreign income amount from taxable income:
|
Taxable income calculation |
Amount |
|---|---|
|
Salary |
A$60,000 |
|
Australian component of net business loss |
(A$4,000) |
|
Foreign component of net business loss |
(A$3,000) |
|
Other foreign income (tax paid $2,000) |
A$20,000 |
|
Net foreign income |
A$17,000 |
|
Deferred loss added back |
A$7,000 |
|
Taxable income |
A$80,000 |
|
Net foreign income after adding back foreign component of deferred loss |
(A$17,000 + A$3,000) = A$20,000 |
|
Taxable income disregarding any foreign income and expenses |
(A$80,000 − A$20,000) = A$60,000 |
Step 1: Work out the tax payable on her taxable income
Tax on $80,000: $16,388 (includes Medicare levy)
Step 2: Work out the tax that would be payable based on the stated assumptions
Taxable income under step 2 assumptions: $60,000
Tax on $60,000: $9,988 (includes Medicare levy)
Step 3: Subtract the result of step 2 from step 1
$16,388 − $9,988 = $6,400
In this situation, all the foreign income tax of $2,000 would be available as a tax offset as the offset limit exceeds the foreign income tax paid.
End of exampleSpecial amendment rules for FITOs
Differences between the Australian and foreign tax systems may lead to you paying foreign income tax in a different income year to that in which you include the related income or gains in your income for Australian income tax purposes.
If you paid foreign income tax after the year in which the related income or gains have been included in your income, you can amend your assessment for that year to claim the offset. You can lodge an amended assessment within 4 years of paying foreign income tax that counts towards your tax offset. This time period applies irrespective of when the income or gains were included in your income for Australian income tax purposes. In this situation, the foreign income tax must be paid after you've lodged your Australian income tax return for the relevant year.
The 4-year amendment period also applies where there has been an increase or decrease in the amount of foreign income tax paid that counts towards your tax offset. The special amendment rules also apply to amendments initiated by us, which may have the effect of extending the normal period of review. In these cases, the 4-year period starts when the increase in foreign income tax has been paid or when the foreign income tax has been reduced, for example, by a refund.
The special amendment rules apply only where you've paid foreign income tax or there has been an increase or decrease in the tax paid that counts towards your tax offset. In all other circumstances, the normal amendment rules apply.
For example, where an audit by us has detected an incorrect calculation of the offset limit affecting the amount of the FITO previously claimed, we can only amend a taxpayer’s assessment within the usual time limits set out in section 170 of the ITAA 1936.
Example 18: amendment for FITO
Aust Co, an Australian resident company, sells a rental property in the US, making a gain in 2024–25. The gain is taxed in the US and Australia. Aust Co pays the US income tax before lodging its Australian return for 2024–25.
In February 2026, Aust Co receives a refund of part of the US tax paid because of the favourable outcome of a dispute over the calculation of the gain. An amendment to Aust Co’s 2024–25 assessment to reflect the reduction in US tax paid, and consequently its FITO can be made on or before February 2030.
End of exampleContinue to: Record keeping for FITO